Scope Of The Convention On The Prevention, Prosecution And Punishment Of Crimes Against Internationally Protected Persons, Including Diplomatic

Original Language Title: Geltungsbereich des Übereinkommens über die Verhütung, Verfolgung und Bestrafung von Straftaten gegen völkerrechtlich geschützte Personen einschließlich Diplomaten

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14. Presentation by the Federal Minister of Arts and Culture, the Constitution and the Media, concerning the scope of the Convention on the Prevention, Prosecution and Punishment of Crime against Persons Protected by International Law, including Diplomats

According to the Communications of the Secretary-General of the United Nations, the following other States have their instruments of accession to the Convention on the Prevention, Prosecution and Punishment of Crime against International Law protected persons including diplomats (BGBl. No 488/1977, last proclamation of the BGBl area.  III n ° 128/2008):

States:

date of deposit of the accession certificate:

Guinea-Bissau

6 August 2008

See

26th September 2012

Lesotho

6 November 2009

Nigeria

25 September 2012

Niue

22nd June 2009

San Marino

16 December 2014

Lucia

12. November 2012

On the occasion of the deposit of their instrument of accession, the following states have expressed reservations, or Statements made:

Holy See

Explanations:

By acceding to the Convention on the Prevention, Prosecution and Punishment of Crimes against Persons Protected by International Law, including Diplomats, the Holy See intends to prevent, To contribute to the fight against and prosecution of these crimes and to protect their victims and to give their moral support.

In accordance with the special nature, mission and character of the Vatican City State, the Holy See affirms the values of brotherhood, justice and peace between persons and persons, and Peoples whose protection and strengthening require the primacy of the rule of law and respect for human rights, and confirms that the instruments of criminal and judicial cooperation are effective in the face of the criminal activities that endanger human dignity and peace, Reasons. [...]

In accordance with Article 8 (2) and (3) of the Convention, the Holy See declares that it is the legal basis for cooperation with other States Parties relating to extradition, subject to the provisions of national restrictions on the extradition of persons.

With regard to Articles 8 and 10 of the Convention, the Holy See declares that in the light of its legal doctrine and its sources of law (Law of the State of the Vatican City of LXXI, 1.  October 2008), nothing in the Convention should be interpreted as a commitment to extradition or mutual legal assistance where there are substantial grounds for believing that the request for the prosecution or punishment of a person due to their race, religion, nationality, ethnic origin, or political opinion, or that the fulfillment of the request harm the position of that person due to one of these reasons or that the person of the death penalty or torture.

According To Art. 2 Para. 2 lit.  A last sentence of the International Convention for the Suppression of the Financing of Terrorism of 9 December 1999, the Holy See, as well as on behalf of the Vatican City State, declares that from the date on which the Convention is the prevention, prosecution and punishment of crimes against persons protected under international law, including diplomats for the Holy See, enter into force from the scope of the Convention for the Suppression of the Financing of the Holy See Terrorism in accordance with Article 2 (1) (lit).  a should be collected.

caveat:

In accordance with Article 13 (2) of the Convention, the Holy See, in the name and order of the Vatican City State, declares that it does not consider itself bound by Article 13 (1) of the Convention. The Holy See, also in the name and order of the Vatican City State, reserves the right, in particular, to agree on a case-by-case basis, on an ad hoc basis, any appropriate measures in order to deal with the disputes arising from this Convention.

Lucia

Explanations:

1.

In accordance with Article 13 (2) of the Convention, the Government of St. Lucia declares that it is the arbitration procedure under Article 13 (1) of the Convention shall not be considered as bound.

2.

That the express consent of the government of St. Lucia is required to provide a To submit a dispute to the arbitral proceedings or to the International Court of Justice.

According to a further note by the Secretary-General, the Netherlands has its reservation, as stated at the deposit of the instrument of accession, of Article 7, with effect from 31 December 2008.  January 2012 was withdrawn only for the European and Caribbean parts of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba).

Ostermayer