Law On Consent To The Optional Protocol To The Convention On The Safety Of United Nations And Associated Personnel, Done At New York On 8 December 2005 (1) (2)

Original Language Title: Loi portant assentiment au Protocole facultatif relatif à la Convention sur la sécurité du personnel des Nations unies et du personnel associé, fait à New York le 8 décembre 2005 (1) (2)

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1 SEPTEMBER 2012. - An Act to approve the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel, done in New York on 8 December 2005 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel, done in New York on 8 December 2005, will be effective and effective.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 1 September 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2011-2012.
Senate:
Documents.
Bill tabled on May 23, 2012, No. 5-1630/1.
Report made on behalf of the Commission, No. 5-1630/2.
Annales parliamentarians.
Discussion, meeting of June 28, 2012.
Vote, meeting of 28 June 2012.
House of Representatives:
Documents.
Project transmitted by the Senate, No. 53-2316/1.
Report on behalf of the Commission, No. 53-2316/2.
Text adopted in plenary and subject to Royal Assent, No. 53-2316/3.
Annales parliamentarians.
Discussion, meeting of 19 July 2012.
Vote, meeting of 19 July 2012.

OPTIONAL PROTOCOL
Convention on the Safety of United Nations and Associated Personnel.
States Parties to this Protocol,
Recalling the terms of the Convention on the Safety of United Nations and Associated Personnel, held in New York on 9 December 1994,
Deeply concerned at the repeated attacks on United Nations personnel and associated personnel,
Recognizing that, given the particular risks to which personnel involved in United Nations operations are exposed for the purpose of providing humanitarian, political or development assistance in the context of peacebuilding and of providing emergency humanitarian assistance, the scope of the legal protection provided for in the Convention for such personnel should be broadened,
Convinced of the need for an effective regime to bring to justice the perpetrators of attacks against United Nations personnel and associated personnel involved in United Nations operations,
The following agreed:
Article Ier
Relationship between this Protocol and the Convention
This Protocol supplements the Convention on the Safety of United Nations and Associated Personnel, held in New York on 9 December 1994 (hereinafter referred to as the Convention), and, between the Parties to this Protocol, the Convention and this Protocol shall be read and interpreted together as a single instrument.
Article II
Implementation of the Convention in United Nations operations
1. In addition to the operations defined in Article 1 (c) of the Convention, the Parties to this Protocol shall apply the Convention to all other United Nations operations established by a competent United Nations body, in accordance with the Charter of the United Nations, and conducted under the authority and control of the United Nations for the purposes of:
(a) To provide humanitarian or political assistance, or development assistance in peacebuilding, or
(b) To provide emergency humanitarian assistance.
2. Paragraph 1 does not apply to United Nations permanent offices, such as United Nations Headquarters or the headquarters of its specialized agencies, established under an agreement with the United Nations.
3. A host State may declare to the Secretary-General of the United Nations that it will not apply the provisions of this Protocol to an operation referred to in paragraph 1 (b) of Article II solely for the purpose of reacting to a natural disaster. Such a statement is made prior to the deployment of the operation.
Article III
Obligation of States Parties with respect to the application of Article 8 of the Convention
The obligation of States Parties to this Protocol with regard to the application of Article 8 of the Convention to the operations of the United Nations as defined in Article II of this Protocol shall be without prejudice to their right to take measures in the exercise of their national jurisdiction with respect to any member of the United Nations or associated personnel who violate their laws and regulations, provided that such measures do not violate any other of their international legal obligations.
Article IV
Signature
This Protocol shall be open for signature by all States at United Nations Headquarters during the twelve-month period from 16 January 2006 to 16 January 2007.
Article V
Consent to be bound
1. This Protocol shall be subject to ratification, acceptance or approval by the signatory States. Instruments of ratification, acceptance or approval will be deposited with the Secretary-General of the United Nations.
2. After 16 January 2007, this Protocol will be open to the accession of any non-signatory State. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
3. Any State not party to the Convention may ratify, accept or approve this Protocol or accede to it, provided that the Convention is ratified, accepted or approved at the same time, in accordance with Articles 25 and 26 thereof.
Article VI
Entry into force
1. This Protocol shall enter into force thirty days after the date of deposit with the Secretary-General of the United Nations of twenty-two instruments of ratification, acceptance, approval or accession.
2. For any State ratifying, accepting or approving this Protocol or acceding to it after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Protocol shall enter into force on the thirtieth day after the date of the deposit by that State of its instrument of ratification, acceptance, approval or accession.
Article VII
Denunciation
1. Any State Party may denounce this Protocol by means of written notification addressed to the Secretary-General of the United Nations.
2. The denunciation shall take effect one year after the date on which the Secretary-General of the United Nations has received the notification.
Article VIII
Faithful texts
The original of this Protocol, of which the Arabic, 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.
DATED in New York on December 8, two thousand five.

An Act to Enact the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel, done in New York on 8 December 2005