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The Conference ultimately decided against this suggestion. The ‘Don’t-rock-the-boat’ approach prevailed, while many delegations also felt, that such action would be outside their mandate and not in accordance with the relevant UN and ICAO Council decisions which all mentioned plastic and/or sheet explosives. As a com-promise, the Conference included in its Final Act a Resolution which, among other things, ‘Requests the Council of the International Civil Aviation Organization to initiate, as a matter of high priority, studies into methods of detecting explosives
642The last preambular clause to the Convention explicitly con.rms this by stating ‘Noting with satisfaction the role played by the Council of the International Civil Aviation Organization in the preparation of the Convention as well as its willingness to assume functions related to its implementation’ – See ICAO Doc 9571.
643Super.uous, because the Technical Annex to the Convention provides in: PART 1: DESCRIP-TION OF EXPLOSIVES, a detailed de.nition of Plastic Explosives.
G. A New Convention on the Marking of Plastic Explosives
or explosive materials, especially into the marking of those explosives of concern, other than plastic explosives, whose detection would be aidedby the use of marking agents, with a view of the evolution, if needed, of an appropriate comprehensive legal regime.’
II. Obligations of States
Already at an early stage of the preparations for the new Convention a majority in both the Legal Sub-Committee and the Legal Committee opposed initiatives to create an international offense, e.g., the act of manufacture or movement of unmarked explosives. Most delegations .eld – that the 1971 Montreal Convention and the additional 1988 Montreal Protocol adequately covered the offenses that needed to be universally punishable in this context and that the new Convention should concentrate on the prevention of the use of plastic explosives by the perpetrators of those offences.
Article II expresses the obligation of States to take the necessary and effective measures to prohibit and prevent the manufacture in their territories of unmarked explosives, while Article III formulates the same obligation towards the movement into or out of the territory of a State Party of unmarked explosives.
It is noteworthy, that Article II and III simply refer to ‘necessary and effective measures’ to be taken by States as a ful.lment of their obligations. It will be left to the individual States and their national legislation to provide for the necessary prohibitions and sanctions. While these provisions may facilitate the rati.cation of the Convention, they probably will not contribute greatly to a uniform and strict approach to the problem of containment and destruction of unmarked explosives.
Article IV, which contains provisions for strict control by States over unmarked plastic explosives within their territory and their eventual destruction, was the subject of extensive discussions during the Conference. In the Legal Committee draft, States were under the obligation to consume or destroy their military and commercial stocks of unmarked explosives within 15 and 3 years respectively.
The Conference agreed on the 3-year period of commercial stocks proposed in the Legal Committee draft, but modi.ed the regime applicable to military explo-sives. It was felt, that it was not realistic to require unmarked explosives, that had already been incorporated into duly authorized military devices,644 to be destroyed within any time frame. The chances of illegal use of the plastic explosives incorporated into those devices were judged to be remote as they were likely to be under tight control. Moreover, the destruction of thesedevices would pose grave technical, economical and environmental problems. Consequently, paragraph 3 of Article IV has been redrafted and now contains the obligation for States to
644Duly authorized military devices refers to: devices such as shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, etc.
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Aviation Security Law 航空安全法(189)
