(b)
The obligations of States, especially those related to the prohibition and effective prevention of the manufacture in their territories of such explosives and of the movement in and out of their territories of unmarked explosives;
(c)
The exceptions that should be created and the extent to which they should be created in relation to activities by military or police authorities that were not inconsistent with the purposes and objectives of the convention;
(d)
The manner of and the timing for the disposal of existing stocks;
(e)
The function of the Annex to the Convention as a .exible instrument to address further development of technology, its amendment and the role of the Explo-sives Technical Commission.
I. Scope of the Convention
The Convention, which is titled: ‘Convention on the Marking of Plastic Explosives for the Purpose of Detection.’ It has been drawn as authentic in the English, French, Russian, Spanish and Arabic languages.
From the early beginning, there has been some confusion with respect to the proper reference to ‘plastic explosives.’ The relevant UN resolutions as well as Assembly Resolutions A27-8 refer to ‘plastic or sheet explosives,’ the Legal Committee put in its de.nition of explosives the wording ‘and sheet’ between square brackets and referred the matter to the Ad Hoc Group of Specialists suggested in its report,641 that the problem was more of a linguistic than of a technical nature.
641AH-DE/3, Report, Restricted.
The Conference deleted the words ‘or sheet’ in the understanding that they are super.uous and confusing in most languages, except for the French language. Hence, in the French version the words ‘et en feuille’ when referring to plastic explosives have been retained.
In the preambular clauses reference is made to other means of transport and targets other than aircraft, indicating that the scope of this Convention is clearly wider than the Civil Aviation sector. However, as aviation has been so far the major victim of the criminal use of plastic explosives, the Conference upheld the tasks entrusted to ICAO and its Council in the draft Convention by both the Legal Sub-Committee and the Legal Committee.642
Both in the preparatory stage and during the Conference, ICAO’s ‘Sister Orga-nization’ the International Maritime Organization, participated actively in the deliberations.
The Legal Committee draft in ArticleI de.ned ‘Explosives’, ‘Detection Agent’ and the verb “Mark,” while referring to the Annex for further description or clari.cation of these terms.
The Conference chose to broaden the de.nition of Explosives which now refers to ‘... explosive products, commonly known as “plastic explosives,” including explosives in .exible or elastic sheet form, as described in the Technical Annex to this Convention.’
Thus an elegant if somewhat super.uous solution for the ‘Plastic and Sheet’ problem was attained.643
Furthermore, de.nitions of the verb ‘Manufacture,’ of ‘Duly authorized military devices’ and ‘Producer State’ were added. The Conference discussed at some length the desirability of expanding the scope of the Convention to explosives other than Plastic Explosives. The supporters of such an approach argued that, by simply deleting any reference to ‘plastic or sheet’ in the de.nition, the Convention would cover more than plastic explosives alone. While the description of the explosives only, it could be amended easily in the future to cover other explosives as well. As the Annex would have its own procedure of amendment, no new Convention or Protocol to the Convention would be needed.
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