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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160. public announcement of the Federal Chancellor concerning the scope of the Convention on the prevention, prosecution and punishment of crimes against internationally protected persons, including diplomatic

After release of the Secretary-General of the United Nations, following further States have their instruments of accession to the Convention on the prevention, prosecution and punishment of crimes against internationally protected persons, including diplomatic (BGBl. No. 488/1977, last proclamation of the scope of Federal Law Gazette No. 271/1995) deposited:

 







States:









Date of deposit of the instrument of accession:









Afghanistan





September 24, 2003







Albania





January 22, 2002







Algeria





November 7, 2000







Andorra





September 23, 2004







Equatorial Guinea





February 7, 2003







Azerbaijan





April 2, 2001







Ethiopia





April 16, 2003







Bangladesh





May 20, 2005







Belgium





May 19, 2004







Belize





November 14, 2001







Benin





July 31, 2003







Bolivia





January 22, 2002







Botswana





October 25, 2000







Brazil





June 7, 1999







Brunei Darussalam





November 13, 1997







Burkina Faso





October 1, 2003







Côte d'Ivoire





March 13, 2002







Dominica





September 24, 2004







Djibouti





June 1, 2004







France





August 26, 2003







Georgia





February 18, 2004







Grenada





December 13, 2001







Guinea





December 22, 2004







Honduras





January 29, 2003







Ireland





June 30, 2005







Cape Verde





September 10, 2002







Kazakhstan





February 21, 1996







Qatar





March 3, 1997







Kenya





November 16, 2001







Kyrgyzstan





October 2, 2003







Colombia





January 16, 1996







Comoros





September 25, 2003







Cuba





June 10, 1998







Lao PDR





August 22, 2002







Lebanon





June 3, 1997







Libyan Arab Jamahiriya





September 25, 2000







Lithuania





October 23, 2002







Madagascar





September 24, 2003







Malaysia





September 24, 2003







Mali





April 12, 2002







Malta





November 11, 2001







Morocco





January 9, 2002







Marshall Islands





January 27, 2003







Mauritania





February 9, 1998







Mauritius





September 24, 2003







Federated States of Micronesia





July 6, 2004







Moldova





September 8, 1997







Monaco





November 27, 2002







Mozambique





January 14, 2003







Myanmar





June 4, 2004







Nauru





August 2, 2005







Palau





November 14, 2001







Papua New Guinea





September 30, 2003







Portugal





11 September 1995







Saudi Arabia





March 1, 2004







Sierra Leone





September 26, 2003







St. Vincent and the Grenadines





September 12, 2000







South Africa





September 23, 2003







Swaziland





April 4, 2003







Tajikistan





October 19, 2001







Tonga





December 9, 2002







Turkmenistan





June 25, 1999







Uganda





November 5, 2003







Uzbekistan





January 19, 1998







Venezuela





April 19, 2005







U.A.E





February 25, 2003







Viet Nam





May 2, 2002





 

The following States, continue to consider themselves bound to the Convention:

 







States:









Effectiveness of the:









the former Yugoslav Republic of Macedonia





17 November 1991







Serbia and Montenegro





27 February 1992





 

On the occasion of the deposit of its instrument of accession, following States have declared following reservations or made declarations:

Andorra:

The Principality of Andorra declared article 1 paragraph 1 letter a of the Convention, in accordance with article 43 of the Constitution of Andorra and the tradition existing since 1278 jointly and indivisibly the Coprincipes being the head of State of Andorra. Coprincipes are in their personal and exclusive right of the Bishop of Urgell and the President of the French Republic.

 

Algeria:

The Government of the Democratic People's Republic of Algeria considered paragraph 1 of the Convention is through the provisions of article 13 do not bound. The Government of the Democratic People's Republic of Algeria stated that in each case the submission of the dispute under arbitration or its submission to the International Criminal Court can be done only with the consent of all parties.

 

Ethiopia:

The Government of the Federal Democratic Republic of Ethiopia considers article 13 paragraph 1 of the Convention, under which any dispute between two or more Contracting States concerning the interpretation or application of the Convention at the request of one of those States to submit to arbitration or to submit the International Court of Justice is not a bound and maintains that disputes concerning the interpretation or application of the Convention court may be subject to arbitration or the international only with the prior consent of all parties.

 

Brazil:

Reservation in accordance with article 13 para 2.

 

France:

France considers that only acts which are to be classified as a terrorist organization, constitute crime according to article 2 of the Convention.

The application of the Convention is without prejudice to the Convention on the safety of United Nations and associated personnel adopted on 9 December 1994 in New York.

 

Colombia:

Colombia declared a reservation to those provisions of the Convention, which run counter to the principles of the Colombian Penal Code and article 29 of the Constitution of Colombia, whose Absatz 4 reads as follows:

Each person is considered innocent until their guilt according to law has proven her. Everyone accused of a crime has the right to defence and the assistance of a defence counsel of his choice or one by the Court during the investigation or the proceedings of appointed Defender; a right to a proper, public trial without undue delay; Evidence to be presented and disprove put forward evidence against him; the penalty to challenge; and to come twice for same offence before the Court. Thus, the expression "the suspect" "the accused" must mean.

 

Cuba:

In accordance with article 13, paragraph 2 of the Convention explains the Republic of Cuba that she tied considered paragraph 1 of the Convention itself to the provisions of article 13.

 

Laos:

The Lao PDR declared in accordance with article 13 para. 2 of the Convention, that she not bound considers paragraph 1 of the Convention itself on article 13 and that disputes concerning the interpretation or application of this Convention only with the consent of all parties can be presented an arbitral tribunal or the International Court of Justice.

 

Lithuania:

In accordance with article 13, paragraph 2 of the Convention declared the Republic of Lithuania that she considered themselves through the provisions of article 13 not as paragraph 1 of the Convention, assuming a dispute concerning the interpretation or application of the Convention to be submitted to the International Court of Justice.

 

Malaysia:



1. the Government of Malaysia's the term "Suspect" refers in article 1 paragraph 2 of the Convention the accused.

2. the Government of Malaysia understands the phrase "or other attack" in article 1 paragraph 2 letter a of the Convention acts which are punishable under the national law.

3.

The Government of Malaysia believes that article 7 of the Convention includes the right of the competent authorities, legal action to pursue a particular case if the suspect is treated according to the law on national security or the backup storage.

4. a) the Government of Malaysia declares in accordance with article 13 para. 2 of the Convention, that she tied considered paragraph 1 of the Convention is to article 13 and b) the Government of Malaysia's reserves the right in each individual case under article 13 paragraph 1 or any other arbitration to agree to arbitration.

 

Mauritius:

The Republic of Mauritius still considered paragraph 1 of the Convention not as bound by article 13 and hold that disputes only with the consent of all parties of the dispute may be submitted to the International Court of Justice.

 

Mozambique:

In accordance with article 13, paragraph 2, of the Convention considers himself the Republic of Mozambique, by the provisions of article 13 paragraph 1 of the Convention not as bound. In this context, the Republic of Mozambique holds that in each individual case, the consent of all parties for the submission of the dispute under arbitration or its submission to the International Court of Justice is required.

Furthermore the Republic of Mozambique said that she may not extradite Mozambican citizens in accordance with its Constitution and its laws. Mozambican citizens are therefore before national courts and convicted of these.

 

Myanmar:

The Government of Myanmar stated that unbounded considered paragraph 1 of the Convention is to article 13.

 

Portugal:

Portugal still people for crimes that lead to lifelong security, delivers no people for crimes that are threatened according to the law of the requesting the extradition with the death penalty or life imprisonment.

 

Saudi Arabia:

The Kingdom of Saudi Arabia considers not bound by article 13 para 1, which concerns the settlement of disputes concerning the interpretation or application of the Convention.

 

St. Vincent and the Grenadines:

St. Vincent and the Grenadines explains that's considered paragraph 1 of the Convention, according to which any dispute between two or more Contracting States concerning the interpretation or application of the Convention at the request of one of those States to submit to arbitration or to submit the International Court of Justice, is by the provisions of article 13 do not bound in accordance with article 13 paragraph 2 of the Convention and holds , that in each case the assent of all parties for the submission of the dispute under arbitration or its submission to the International Court of Justice is required.

 

Venezuela:

The Bolivarian Republic of Venezuela declared a reservation to the provision of paragraph 1 of this article in accordance with article 13 para. 2 of the Convention on the prevention, prosecution and punishment of crimes against internationally protected persons, including diplomatic. Therefore it considers itself committed to the arbitration as a means of dispute resolution, nor does it recognise the mandatory jurisdiction of the International Court of Justice.

 

Viet Nam:

The Socialist Republic of Viet Nam declares its reservation to article 13 paragraph 1 of the Convention on the occasion of their accession to the Convention.

 

According to another communication from the Secretary-General of the United Nations, China has stated the following:

China informed the Secretary-General on the occasion of the transfer of sovereignty over Hong Kong that the Convention subject to the Hong Kong Special Administrative Region shall apply.

Furthermore the Secretary General on the occasion of the transfer of the sovereignty over Macao told China that the Convention with reservations on the Macao Special Administrative Region shall apply.

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