Article 22 |
Criminal Jurisdiction
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In view of the unique and unprecedented nature of this particular international
cooperation in space:
1. |
Canada, the European Partner States, Japan,
Russia, and the United States may exercise criminal jurisdiction over
personnel in or on any flight element who are their respective nationals. |
2. |
In a case involving misconduct on orbit
that:
(a) |
affects the life or safety of a
national of another Partner State or |
(b) |
occurs in or on or causes damage
to the flight element of another Partner State, the Partner
State whose national is the alleged perpetrator shall, at the
request of any affected Partner State, consult with such State
concerning their respective prosecutorial interests. An affected
Partner State may, following such consultation, exercise criminal
jurisdiction over the alleged perpetrator provided that, within
90 days of the date of such consultation or within such other
period as may be mutually agreed, the Partner State whose national
is the alleged perpetrator either:
(1) |
concurs in such exercise of
criminal jurisdiction, or |
(2) |
fails to provide assurances
that it will submit the case to its competent authorities
for the purpose of prosecution. |
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3. |
If a Partner State which makes extradition
conditional on the existence of a treaty receives a request for extradition
from another Partner State with which it has no extradition treaty,
it may at its option consider this Agreement as the legal basis for
extradition in respect of the alleged misconduct on orbit. Extradition
shall be subject to the procedural provisions and the other conditions
of the law of the requested Partner State. |
4. |
Each Partner State shall, subject to its
national laws and regulations, afford the other Partners assistance
in connection with alleged misconduct on orbit. |
5. |
This Article is not intended to limit
the authorities and procedures for the maintenance of order and the
conduct of crew activities in or on the Space Station which shall
be established in the Code of Conduct pursuant to Article 11, and
the Code of Conduct is not intended to limit the application of this
Article. |
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