Have agreed as follows: Article 1. To undertake to apply the statute of denuclearizing in respect of warlike purposes as defined in articles 1, 3, 5 and 13 of the Treaty for the Prohibition of Nuclear Weapons in Latin America in territories for which, de jure or de facto, they are internationally responsible and which lie within the limits of the geographical zone established in that Treaty. Article 2. The duration of this Protocol shall be the same as that of the Treaty for the Prohibition of Nuclear Weapons in Latin America of which this Protocol is an annex, and the provisions regarding ratification and denunciation contained in the Treaty shall be applicable to it. Article 3. This Protocol shall enter into force, for the States which have ratified it, on the date of the deposit of their respective instruments of ratification. In witness whereof the undersigned Plenipotentiaries, having deposited their full powers, found in good and due form, sign this Protocol on behalf of their respective Governments. TREATY FOR THE PROHIBITION OF NUCLEAR WEAPONS IN Opened for signature at the Fourth Session of the Preparatory Commission for the Denuclearization of Latin America, Mexico, D.F., February 14, 1967 1 Two Additional Protocols to this Treaty were also approved. The United Kingdom signed these Protocols on December 20, 1967, with a declaration and deposited the corre sponding instrument of ratification on December 11, 1969, with a similar declaration. The Netherlands signed Additional Protocol I on March 15, 1968, with declarations and deposited the corresponding instrument of ratification on July 26, 1971, with the same declarations. The United States signed Additional Protocol II on April 1, 1968, with a declaration and deposited the corresponding instrument of ratification on May 12, 1971, with a similar declaration. 2 With a declaration pursuant to paragraph 2 of Article 28. 16. Additional Protocol II to the Treaty for the Prohibition of Nuclear Weapons in Latin America, 1968 The undersigned Plenipotentiaries, furnished with full powers by their respective Governments, Convinced, That the Treaty for the Prohibition of Nuclear Weapons in Latin America, negotiated and signed in accordance with the recommendations of the General Assembly of the United Nations in Resolution 1911 (XVIII) of 27 November 1963, represents an important step towards ensuring the non-proliferation of nuclear weapons, Aware, That the non-proliferation of nuclear weapons is not an end in itself but, rather, a means of achieving general and complete disarmament at a later stage, and Desiring, To contribute, so far as lies in their power, towards ending the armaments race, especially in the field of nuclear weapons, and towards promoting and strengthening a world at peace, based on mutual respect and soverign equality of States, Have agreed as follows: Article 1. The statute of denuclearization of Latin America in respect of warlike purposes, as defined, delimited and set forth in the Treaty for the Prohibition of Nuclear Weapons in Latin America of which this instrument is an annex, shall be fully respected by the Parties in this Protocol in all its express aims and provisions. Article 2. The Governments represented by the undersigned Plenipotentiaries undertake, therefore (not to contribute in any way to the performance of acts involving a violation of the obligations of article 1 of the Treaty in the territories to which the Treaty applies in accordance with article 4 thereof. Article 3. The Governments represented by the undersigned Plenipotentiaries also undertake not to use or threaten to use nuclear weapons against the Contracting Parties of the Treaty for the Prohibition of Nuclear Weapons in Latin America. Article 4. The duration of this Protocol shall be the same as that of the Treaty for the Prohibition of Nuclear Weapons in Latin America of which this Protocol is an annex, and the definitions of territory and nuclear weapons set forth in articles 3 and 5 of the Treaty shall be applicable to this Protocol, as well as the provisions regarding ratification, reservations, denunciation, authentic texts and registration contained in articles 26, 27, 30 and 31 of the Treaty. Article 5. This Protocol shall enter into force, for the States which have ratified it, on the date of the deposit of their respective instruments of ratification. In witness whereof, the undersigned Plenipotentiaries, having deposited their full powers, found to be in good and due form, hereby sign this Additional Protocol on behalf of their respective Governments. NOTE. Signed on behalf of the United States, April 1, 1968; ratification advised by the Senate, April 19, 1971; ratified by the President and entered into force, May 12, 1971 [TIAS 7137]. Also signed and ratified by the United Kingdom. See letter of transmittal on page 628 for explanation of protocol. See page 635 for text of treaty. PROPOSED STATEMENT ON RATIFICATION BY THE UNITED STATES OF AMERICA OF ADDITIONAL PROTOCOL II TO THE TREATY FOR THE PROHIBITION OF NUCLEAR WEAPONS IN LATIN AMERICA I The United States understands that the Treaty and its Protocols have no effect upon the international status of territorial claims. The United States takes note of the Preparatory Commissioner's interpretation of the Treaty, as set forth in the Final Act, that, governed by the principles and rules of international law, each of the Contracting Parties retains exclusive power and legal competence, unaffected by the terms of the Treaty, to grant or deny non-Contracting Parties transit and transport privileges. As regards the undertaking in article 3 of Protocol II not to use or threaten to use nuclear weapons against the Contracting Parties, the United States would have to consider that an armed attack by a Contracting Party, in which it was assisted by a nuclear-weapon state, would be incompatible with the Contracting Party's corresponding obligations under article 1 of the Treaty. II The United States wishes to point out again the fact that the technology of making nuclear explosive devices for peaceful purposes is indistinguishable from the technology of making nuclear weapons and the fact that nuclear weapons and nuclear explosive devices for peaceful purposes are both capable of releasing nuclear energy in an uncontrolled manner and have the common group of characteristics of large amounts of energy generate instantaneously from a compact source. Therefore we understand the definition contained in article 5 of the Treaty as necessarily encompassing all nuclear explosive devices. It is our understanding that articles 1 and 5 restrict accordingly the activities of the Contracting Parties under paragraph 1 of article 18. The United States further notes that paragraph 4 of article 18 of the Treaty permits, and that United States adherence to Protocol II will not prevent, collaboration by the United States with Contracting Parties for the purpose of carrying out explosions of nuclear devices for peaceful purposes in a manner consistent with our policy of not contributing to the proliferation of nuclear weapons capabilities. In this connection, the United States calls attention to article V of the Nuclear Non-Proliferation Treaty, under which it joined in an undertaking to take appropriate measures to ensure that potential benefits of peaceful applications of nuclear explosions would be made available to non-nuclear-weapon states party to that treaty, and reaffirms its willingness to extend such undertaking, on the same basis, to states precluded by the present treaty from manufacturing or acquiring any nuclear explosive device. III The United States also wishes to state that, although not required by Protocol II, it will act with respect to such territories of Protocol I adherents as are within the geographical area defined in paragraph 2 of article 4 of the Treaty in the same manner as Protocol II requires it to act with respect to the territories of Contracting Parties. 17. OAS Convention To Prevent and Punish the Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion That Are of International Significance, 1971 1 WHEREAS: The defense of freedom and justice and respect for the fundamental rights of the individual that are recognized by the American Declaration of the Rights and Duties of Man and the Universal Declaration of Human Rights are primary duties of states; The General Assembly of the Organization, in Resolution 4, of June 30, 1970, strongly condemned acts of terrorism, especially the kidnapping of persons and extortion in connection with that crime, which it declared to be serious common crimes; Criminal acts against persons entitled to special protection under international law are occurring frequently, and those acts are of international significance because of the consequences that may flow from them for relations among states; It is advisable to adopt general standards that will progressively develop international law as regards cooperation in the prevention and punishment of such acts; and In the application of those standards the institution of asylum should be maintained and, likewise the principle of nonintervention should not be impaired, The member states of the Organization of American States have agreed upon the following articles: ARTICLE 1 The contracting states undertake to cooperate among themselves by taking all the measures that they may consider effective, under their own laws, and especially those established in this convention, to prevent and punish acts of terrorism, especially kidnapping, murder, and other assaults against the life or physical integrity of those persons to whom the state has the duty according to international law to give special protection, as well as extortion in connection with those crimes. ARTICLE 2 For the purposes of this convention, kidnapping, murder, and other assaults against the life or personal integrity of those persons to whom the state has the duty to give special protection according to international law, as well as extortion in connection with those crimes, shall be considered common crimes of international significance, regardless of motive. 1 Adopted at the 3d Special Session of the OAS General Assembly, Washington, D.C., January 25-February 2, 1971. ARTICLE 3 Persons who have been charged or convicted for any of the crimes referred to in Article 2 of this convention shall be subject to extradition under the provisions of the extradition treaties in force between the parties or, in the case of states that do not make extradition dependent on the existence of a treaty, in accordance with their own laws. In any case, it is the exclusive responsibility of the state under whose jurisdiction or protection such persons are located to determine the nature of the acts and decide whether the standards of this convention are applicable. ARTICLE 4 Any person deprived of his freedom through the application of this convention shall enjoy the legal guarantees of due process. ARTICLE 5 When extradition requested for one of the crimes specified in Article 2 is not in order because the person sought is a national of the requested state, or because of some other legal or constitutional impediment, that state is obliged to submit the case to its competent authorities for prosecution, as if the act had been committed in its territory. The decision of these authorities shall be communicated to the state that requested extradition. In such proceedings, the obligation established in Article 4 shall be respected. ARTICLE 6 None of the provisions of this convention shall be interpreted so as to impair the right of asylum. ARTICLE 7 The contracting states undertake to include the crimes referred to in Article 2 of this convention among the punishable acts giving rise to extradition in any treaty on the subject to which they agree among themselves in the future. The contracting states that do not subject extradition to the existence of a treaty with the requesting state shall consider the crimes referred to in Article 2 of this convention as crimes giving rise to extradition, according to the conditions established by the laws of the requested state. ARTICLE 8 To cooperate in preventing and punishing the crimes contemplated in Article 2 of this convention, the contracting states accept the following obligations: a. To take all measures within their power, and in conformity with their own laws, to prevent and impede the preparation in their respective territories of the crimes mentioned in Article 2 that are to be carried out in the territory of another contracting state. |