160. Presentation of the Federal Chancellor on the scope of the Convention on the Prevention, Prosecution and Punishment of Crimes against Persons Protected by International Law, including Diplomats

According to communications from 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 Persons Protected under International Law, including Diplomats (BGBl. No 488/1977, last proclamation of the BGBl area. No 271/1995):

States:	Date of deposit of the Certificate of Accession:
Afghanistan	24 September 2003
Albania	22 January 2002
Algeria	7 November 2000
Andorra	23 September 2004
Equatorial Guinea	7 February 2003
Azerbaijan	2 April 2001
Ethiopia	16 April 2003
Bangladesh	20 May 2005
Belgium	19 May 2004
Belize	14 November 2001
Benin	31 July 2003
Bolivia	22 January 2002
Botswana	25 October 2000
Brazil	7 June 1999
Brunei Darussalam	13 November 1997
Burkina Faso	1 October 2003
Côte d' Ivoire	13 March 2002
Dominica	24 September 2004
Djibouti	1 June 2004
France	26 August 2003
Georgia	18 February 2004
Grenada	13 December 2001
Guinea	22 December 2004
Honduras	29 January 2003
Ireland	30 June 2005
Cape Verde	10 September 2002
Kazakhstan	21 February 1996
Qatar	3 March 1997
Kenya	16 November 2001
Kyrgyzstan	2 October 2003
Colombia	16 January 1996
Comoros	25 September 2003
Cuba	10 June 1998
Laos People's Democratic Republic	22 August 2002
Lebanon	3 June 1997
Libyan Arab Jamahiriya	25 September 2000
Lithuania	23 October 2002
Madagascar	24 September 2003
Malaysia	24 September 2003
Mali	12 April 2002
Malta	11 November 2001
Morocco	9 January 2002
Marshal Islands	27 January 2003
Mauritania	9 February 1998
Mauritius	24 September 2003
Federations of Micronesia	6 July 2004
Moldova	8 September 1997
Monaco	27 November 2002
Mozambique	14 January 2003
Myanmar	4 June 2004
Nauru	2 August 2005
Palau	14 November 2001
Papua New Guinea	30 September 2003
Portugal:	11 September 1995
Saudi Arabia	1 March 2004
Sierra Leone	26 September 2003
Saint Vincent and the Grenadines	12 September 2000
South Africa	23 September 2003
Swaziland	4 April 2003
Tajikistan	19 October 2001
Tonga	9 December 2002
Turkmenistan	25 June 1999
Uganda	5 November 2003
Uzbekistan	19 January 1998
Venezuela	19 April 2005
United Arab Emirates	25 February 2003
Vietnam	2 May 2002

The following states have declared that they should continue to be bound by the Convention:

States:	With effect from:
the former Yugoslav Republic of Macedonia	17 November 1991
Serbia and Montenegro	27 February 1992

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

Andorra:

According to Article 1 (1) (a) of the Convention, the Principality of Andorra declares that, in accordance with Article 43 of the Constitution of Andorra and the tradition existing since 1278, the head of state of Andorra is jointly and indivisible to the Coprincipes. Coprincipes are in their personal and exclusive right the Bishop of Urgell and the President of the French Republic.

Algeria:

The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of Article 13 (1) of the Convention. The Government of the People's Democratic Republic of Algeria holds that in each individual case the submission to the International Court of Justice of the dispute under an arbitration procedure or its submission to the International Court of Justice shall only be subject to the assent of all Parties to the dispute may take place.

Ethiopia:

The Government of the Federal Democratic Republic of Ethiopia considers itself by Article 13 (1) of the Convention that a dispute between two or more States Parties on the interpretation or application of this Convention shall, on request, be be subject to arbitration proceedings or to be submitted to the International Court of Justice, not as bound, and shall hold that disputes concerning the interpretation or application of the Convention shall not be subject to any prior consent all parties to the dispute to an arbitral tribunal or to may be subject to the Court of Justice.

Brazil:

Reservation pursuant to Art. 13 (2).

France:

France considers that only acts which qualify as terrorism constitute crimes under Article 2 of the Convention.

The application of the Convention shall be without prejudice to the Convention on the Safety of United Nations and Associated Personnel adopted in New York on 9 December 1994.

Colombia:

Colombia declares a reservation to those provisions of the Convention which are contrary to the Guiding Principles of the Colombian Penal Code and Article 29 of the Constitution of Colombia, whose paragraph 4 reads as follows:

Every person is considered innocent until their guilt according to the law is proven. Anyone accused of a criminal offence shall have a right of defence and the assistance of a defender of his choice or of a defender appointed by the court during the investigation or proceedings; a right to a proper, public proceedings without unjustified default; to submit evidence and to refute evidence against him; to contest the sentence; and not to come to court twice for the same act. Consequently, the expression "the suspect" must mean "the accused person".

Cuba:

In accordance with Article 13 (2) of the Convention, the Republic of Cuba declares that it does not consider itself bound by the provisions of Article 13 (1) of the Convention.

Laos:

In accordance with Article 13 (2) of the Convention, the Lao People's Democratic Republic declares that it does not consider itself bound by Article 13 (1) of the Convention and that disputes concerning the interpretation or application of this Convention shall be limited to: consent of all parties to the dispute may be submitted to an arbitral tribunal or to the International Court of Justice.

Lithuania:

In accordance with Article 13 (2) of the Convention, the Republic of Lithuania declares that it does not consider itself bound by the provisions of Article 13 (1) of the Convention, provided that there is a dispute over the interpretation of or the application of the Convention shall be submitted to the International Court of Justice.

Malaysia:

1.		The Malaysian government understands the term 'suspect' in Article 1 (2) of the Convention to the accused.
2.		Under the phrase 'or any other attack' in Article 1 (2) (a) of the Convention, the Government of Malaysia understands acts which are punishable under national law.
3.		The Malaysian government considers that Article 7 of the Convention includes the right of competent authorities not to pursue a specific case in court if the suspect is under the law of national security or the Security custody is treated.
4.		(a) The Government of Malaysia declares, in accordance with Article 13 (2) of the Convention, that it does not consider itself bound by Article 13 (1) of the Convention; and
b)			The Government of Malaysia reserves the right to give its assent in each individual case to the arbitration procedure laid down in Article 13 (1) or any other arbitration procedure.

Mauritius:

The Republic of Mauritius does not consider itself bound by Article 13 (1) of the Convention and considers that disputes can only be submitted to the International Court of Justice with the consent of all parties to the dispute.

Mozambique:

In accordance with Article 13 (2) of the Convention, the Republic of Mozambique shall not consider itself bound by the provisions of Article 13 (1) of the Convention. In this context, the Republic of Mozambique states that in each individual case, the consent of all parties to the dispute to subvert the dispute under an arbitration procedure or its submission to the International Court of Justice is required.

Furthermore, the Republic of Mozambique states that it is not allowed to extradit Mozambican citizens in accordance with their constitution and laws. Mozambican citizens will therefore be brought before national courts and condemned by them.

Myanmar:

The Government of Myanmar declares that it is not bound by Art. 13 (1) of the Convention.

Portugal:

Portugal does not provide persons for crimes under the law of the State requesting extradition with the death penalty or life imprisonment, nor persons for crimes committed to life-long security measures are moving out.

Saudi Arabia:

The Kingdom of Saudi Arabia does not consider itself bound by Article 13 (1), which concerns the settlement of disputes concerning the interpretation or application of the Convention.

Saint Vincent and the Grenadines:

In accordance with Article 13 (2) of the Convention, St Vincent and the Grenadines declare that the provisions of Article 13 (1) of the Convention stipulate that a dispute between two or more States Parties shall be concluded on the basis of: the interpretation or application of this Convention at the request of one of those States shall be subject to arbitration or to be submitted to the International Court of Justice, shall not be considered to be bound, and shall hold that in each individual case the consent of all parties to the dispute to subvert the dispute under a Arbitration proceedings or their submission to the International Court of Justice is required.

Venezuela:

The Bolivarian Republic of Venezuela declares, in accordance with Article 13 (2) of the Convention on the Prevention, Prosecution and Punishment of Crimes against Persons protected under International Law, a reservation relating to the provision of the para. 1 of this article. Consequently, it does not consider itself bound by the arbitration procedure as a means of dispute settlement, nor does it recognise the mandatory jurisdiction of the International Court of Justice.

Vietnam:

On the occasion of its accession to the Convention, the Socialist Republic of Vietnam declares its reservation in respect of Article 13 (1) of the Convention.

According to a further note by the Secretary-General of the United Nations, China has stated that:

On the occasion of the acquisition of sovereignty over Hong Kong, China informed the Secretary-General of the fact that the Convention, with reservation, also applies to the Hong Kong Special Administrative Region.

Furthermore, on the occasion of the assumption of sovereignty over Macao, China informed the Secretary-General of the fact that the Convention also applies to the Special Administrative Region of Macao.

Bowl