Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention)-1988/2005 (protocol)

1. Scope and Applicability

• Targets unlawful acts: Covers acts like hijacking ships, violence against passengers/crew, damaging ships or cargo, and placing destructive devices on board .
• Exclusions: Does not apply to warships, state-operated ships (e.g., naval auxiliaries, customs/police vessels), or ships withdrawn from service .

2. Key Offenses

The SUA Convention criminalizes:

• Seizure of ships by force or intimidation.
• Acts of violence endangering ship safety (e.g., harming crew/passengers).
• Destruction or damage to ships, cargo, or navigational facilities.
• False communication threatening navigation safety.
• Transport of WMDs: The 2005 Protocol expanded offenses to include transporting biological, chemical, or nuclear (BCN) weapons, hazardous materials, or equipment for WMD production .
• Terrorist-linked acts: Using ships to intimidate populations or coerce governments (e.g., discharging explosives or hazardous substances) .

3. Jurisdiction and Enforcement

• Flag state jurisdiction: States must prosecute or extradite offenders if the crime involves their flagged ship, occurs in their territory, or is committed by their nationals .
• Boarding provisions: The 2005 Protocol allows states to request boarding of suspect ships with the flag state’s consent, including a “no-response” clause permitting boarding after 4 hours if the flag state fails to reply .
• Safeguards: Boarding must respect human rights, avoid undue delay, and minimize environmental harm .

4. Extradition and Legal Cooperation

• Aut dedere aut judicare: States must either prosecute offenders or extradite them to a requesting state .
• Non-political offenses: Crimes under the SUA Convention cannot be classified as political offenses to block extradition .
• Mutual legal assistance: States must cooperate in investigations and evidence sharing .

5. 2005 Protocol Enhancements

• New offenses: Added crimes like transporting WMD-related materials and using ships as weapons .
• Fixed platforms: The related Protocol for Fixed Platforms criminalizes similar acts against offshore installations .
• Corporate liability: Holds legal entities (e.g., companies) accountable for offenses committed by their management .

6. Relationship with Other Treaties

• Linked to anti-terrorism treaties: The SUA Convention’s Annex references nine other treaties (e.g., Hague Hijacking Convention, Terrorist Bombings Convention) to broaden jurisdictional grounds .

7. Implementation in National Law

• Domestic legislation required: States must incorporate SUA offenses into local laws with “appropriate penalties” . For example, the U.S. codified SUA crimes under 18 U.S. Code § 2280, prescribing penalties up to life imprisonment .

Conclusion

The SUA Convention and its 2005 Protocol provide a comprehensive legal framework to combat maritime terrorism, WMD proliferation, and other threats. By mandating prosecution/extradition, enabling cooperative boarding, and expanding offenses, it strengthens global maritime security . As of 2024, 166 states are parties, covering 94.5% of global merchant tonnage .

For further details, refer to the IMO’s SUA Treaty page or the U.S. Code § 2280.