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DISCLAIMER
Convention on the Prevention and Punishment of Crimes Against
Internationally Protected Persons
Opened for signature at New York on 14 December
1973.
THE STATES PARTIES to this Convention,
Having in mind the purposes and principles of the Charter of the
United Nations concerning the maintenance of international peace and
the promotion of friendly relations and co-operation among
States,
Considering that crimes against diplomatic agents and other
internationally protected persons jeopardizing the safety of these
persons create a serious threat to the maintenance of normal
international relations which are necessary for co-operation among
States,
Believing that the commission of such crimes is a matter of grave
concern to the international community,
Convinced that there is an urgent need to adopt appropriate and
effective measures for the prevention and punishment of such
crimes,
Have agreed as follows:
ARTICLE 1
For the purposes of this Convention:
- "internationally protected person" means:
- a Head of State, including any member of a collegial body
performing the functions of a Head of State under the
constitution of the State concerned, a Head of Government or a
Minister for Foreign Affairs, whenever any such person is in a
foreign State, as well as members of his family who accompany
him;
- any representative or official of a State or any official or
other agent of an international organization of an
intergovernmental character who, at the time when and in the
place where a crime against him, his official premises, his
private accommodation or his means of transport is committed, is
entitled pursuant to international law to special protection
from any attack on his person, freedom or dignity, as well as
members of his family forming part of his household;
- "alleged offender" means a person as to whom there is
sufficient evidence to determine prima facie that he has committed
or participated in one or more of the crimes set forth in article
2.
ARTICLE 2
- The intentional commission of:
- a murder, kidnapping or other attack upon the person or
liberty of an internationally protected person;
- a violent attack upon the official premises, the private
accommodation or the means of transport of an internationally
protected person likely to endanger his person or liberty;
- a threat to commit any such attack;
- an attempt to commit any such attack; and
- an act constituting participation as an accomplice in any
such attack shall be made by each State Party a crime under its
internal law.
- Each State Party shall make these crimes punishable by
appropriate penalties which take into account their grave nature.
- Paragraphs 1 and 2 of this article in no way derogate from the
obligations of States Parties under international law to take all
appropriate measures to prevent other attacks on the person,
freedom or dignity of an internationally protected person.
ARTICLE 3
- Each State Party shall take such measures as may be necessary
to establish its jurisdiction over the crimes set forth in article
2 in the following cases:
- when the crime is committed in the territory of that State
or on board a ship or aircraft registered in that State;
- when the alleged offender is a national of that State;
- when the crime is committed against an internationally
protected person as defined in article 1 who enjoys his status
as such by virtue of functions which he exercises on behalf of
that State.
- Each State Party shall likewise take such measures as may be
necessary to establish its jurisdiction over these crimes in cases
where the alleged offender is present in its territory and it does
not extradite him pursuant to article 8 to any of the States
mentioned in paragraph 1 of this article.
- This Convention does not exclude any criminal jurisdiction
exercised in accordance with internal law.
ARTICLE 4
States Parties shall co-operate in the prevention of the crimes
set forth in article 2, particularly by:
- taking all practicable measures to prevent preparations in
their respective territories for the commission of those crimes
within or outside their territories;
- exchanging information and co-ordinating the taking of
administrative and other measures as appropriate to prevent the
commission of those crimes.
ARTICLE 5
- The State Party in which any of the crimes set forth in
article 2 has been committed shall, if it has reason to believe
that an alleged offender has fled from its territory, communicate
to all other States concerned, directly or through the
Secretary-General of the United Nations, all the pertinent facts
regarding the crime committed and all available information
regarding the identity of the alleged offender.
- Whenever any of the crimes set forth in article 2 has been
committed against an internationally protected person, any State
Party which has information concerning the victim and the
circumstances of the crime shall endeavour to transmit it, under
the conditions provided for in its internal law, fully and
promptly to the State Party on whose behalf he was exercising his
functions.
ARTICLE 6
- Upon being satisfied that the circumstances so warrant, the
State Party in whose territory the alleged offender is present
shall take the appropriate measures under its internal law so as
to ensure his presence for the purpose of prosecution or
extradition. Such measures shall be notified without delay
directly or through the Secretary-General of the United Nations
to:
- the State where the crime was committed;
- the State or States of which the alleged offender is a
national or, if he is a stateless person, in whose territory he
permanently resides;
- the State or States of which the internationally protected
person concerned is a national or on whose behalf he was
exercising his functions;
- all other States concerned; and
- the international organization of which the internationally
protected person concerned is an official or an agent.
- Any person regarding whom the measures referred to in
paragraph 1 of this article are being taken shall be entitled:
- to communicate without delay with the nearest appropriate
representative of the State of which he is a national or which
is otherwise entitled to protect his rights or, if he is a
stateless person, which he requests and which is willing to
protect his rights, and
- to be visited by a representative of that State.
ARTICLE 7
The State Party in whose territory the alleged offender is
present shall, if it does not extradite him, submit, without
exception whatsoever and without undue delay, the case to its
competent authorities for the purpose of prosecution, through
proceedings in accordance with the laws of that State.
ARTICLE 8
- To the extent that the crimes set forth in article 2 are not
listed as extraditable offences in any extradition treaty existing
between States Parties, they shall be deemed to be included as
such therein. States Parties undertake to include those crimes as
extraditable offences in every future extradition treaty to be
concluded between them.
- If a State Party which makes extradition conditional on the
existence of a treaty receives a request for extradition from
another State Party with which it has no extradition treaty, it
may, if it decides to extradite, consider this Convention as the
legal basis for extradition in respect of those crimes.
Extradition shall be subject to the procedural provisions and the
other conditions of the law of the requested State.
- States Parties which do not make extradition conditional on
the existence of a treaty shall recognize those crimes as
extraditable offences between themselves subject to the procedural
provisions and the other conditions of the law of the requested
State.
- Each of the crimes shall be treated, for the purpose of
extradition between States Parties, as if it had been committed
not only in the place in which it occurred but also in the
territories of the States required to establish their jurisdiction
in accordance with paragraph 1 of article 3.
ARTICLE 9
Any person regarding whom proceedings are being carried out in
connexion with any of the crimes set forth in article 2 shall be
guaranteed fair treatment at all stages of the proceedings.
ARTICLE 10
- States Parties shall afford one another the greatest measure
of assistance in connexion with criminal proceedings brought in
respect of the crimes set forth in article 2, including the supply
of all evidence at their disposal necessary for the proceedings.
- The provisions of paragraph 1 of this article shall not affect
obligations concerning mutual judicial assistance embodied in any
other treaty.
ARTICLE 11
The State Party where an alleged offender is prosecuted shall
communicate the final outcome of the proceedings to the
Secretary-General of the United Nations, who shall transmit the
information to the other States Parties.
ARTICLE 12
The provisions of this Convention shall not affect the
application of the Treaties on Asylum, in force at the date of the
adoption of this Convention, as between the States which are parties
to those Treaties; but a State Party to this Convention may not
invoke those Treaties with respect to another State Party to this
Convention which is not a party to those Treaties.
ARTICLE 13
- Any dispute between two or more States Parties concerning the
interpretation or application of this Convention which is not
settled by negotiation shall, at the request of one of them, be
submitted to arbitration. If within six months from the date of
the request for arbitration the parties are unable to agree on the
organization of the arbitration, any one of those parties may
refer the dispute to the International Court of Justice by request
in conformity with the Statute of the Court.
- Each State Party may at the time of signature or ratification
of this Convention or accession thereto declare that it does not
consider itself bound by paragraph 1 of this article. The other
States Parties shall not be bound by paragraph 1 of this article
with respect to any State Party which has made such a reservation.
- Any State Party which has made a reservation in accordance
with paragraph 2 of this article may at any time withdraw that
reservation by notification to the Secretary-General of the United
Nations.
ARTICLE 14
This Convention shall be open for signature by all States, until
31 December 1974 at United Nations Headquarters in New York.
ARTICLE 15
This Convention is subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General of the
United Nations.
ARTICLE 16
This Convention shall remain open for accession by any State. The
instruments of accession shall be deposited with the Secretary-
General of the United Nations.
ARTICLE 17
- This Convention shall enter into force on the thirtieth day
following the date of deposit of the twenty-second instrument of
ratification or accession with the Secretary-General of the United
Nations.
- For each State ratifying or acceding to the Convention after
the deposit of the twenty-second instrument of ratification or
accession, the Convention shall enter into force on the thirtieth
day after deposit by such State of its instrument of ratification
or accession.
ARTICLE 18
- Any State Party may denounce this Convention by written
notification to the Secretary-General of the United Nations.
- Denunciation shall take effect six months following the date
on which notification is received by the Secretary-General of the
United Nations.
ARTICLE 19
The Secretary-General of the United Nations shall inform all
States, inter alia:
- of signatures to this Convention, of the deposit of
instruments of ratification or accession in accordance with
articles 14, 15 and 16 and of notifications made under article 18.
- of the date on which this Convention will enter into force in
accordance with article 17.
ARTICLE 20
The original of this Convention, of which the Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations, who
shall send certified copies thereof to all States.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto
by their respective Governments, have signed this Convention, opened
for signature at New York on 14 December 1973.
Disclaimer
The present version of the Conventions and
Protocols might differ slightly from the consolidated official
English versions which were - by end of November 2000 - not
available to TPB in electronic form. Please contact the Codification
Division of the UN Office of Legal Affairs (United Nations, Room
S-3450 A, New York, N.Y. 10017, USA) for the official versions in
English and other official UN languages.
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