Posted the: 2004-06-18 Numac: 2004015105 SERVICE PUBLIC FEDERAL Foreign Affairs, external trade and development COOPERATION April 27, 2004. -Law approving the Convention on the prevention and punishment of offences against persons enjoying international protection, including diplomatic agents, done at New York on 14 December 1973 (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
2. Convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents, done at New York on 14 December 1973, will come out full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, 27 April 2004.
ALBERT by the King: the Minister of Foreign Affairs, L. MICHEL. the Minister of Justice, Ms. L. ONKELINX sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) Session 2003-2004.
Bill tabled on December 8, 2003, no. 3 - 397/1.
Report on behalf of the Committee, no. 3-397/2.
Discussion, February 3, 2004 meeting.
Vote, February 3, 2004 meeting.
Room Documents draft transmitted by the Senate, no. 51-804/1.
Report on behalf of the Committee, no. 51-804/2.
Text adopted in plenary meeting and submitted to the Royal assent, No 51-804/3.
Parliamentary Annals Discussion, meeting of March 25, 2004.
Vote, meeting of March 25, 2004.
Convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents the States parties to the Convention, bearing 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 cooperation among States Whereas offences against diplomatic and other persons enjoying international protection, jeopardizing the safety of these people, create a serious threat to the maintenance of normal international relations which are necessary for cooperation among States, considering that the Commission of these offences is cause for serious concern to the international community, convinced of the need to adopt urgent measures appropriate and effective for the prevention and punishment of such offences (, Have agreed as follows: Article 1 for the purposes of this Convention: 1. «person enjoying international protection» means: has) any head of State, including each Member of a collegial body filling under the constitution of the State concerned the functions of head of State; any head of Government or a Minister for Foreign Affairs, when such a person is in a foreign State, as well as members of his family who accompany him;
(b) of any representative, or official of a State and any employee, official or other servant of an intergovernmental organization, which, at the date and at the place where an offence is committed against his person, his official premises, private home or means of transport, is entitled, in accordance with international law, to a protection against any threat to his person , freedom or dignity, as well as members of his family forming part of his household.
2. the "alleged perpetrator of the offence" means any person against whom there is sufficient evidence to establish prima facie she has committed one or more of the offences set forth in article 2 or that it participated.
Article 2 1. The fact intentional: a) to commit a murder, abduction or another attack against the person or liberty of a person protected international, b) to commit, using violence, against the official premises, the private accommodation or the means to transport a person enjoying international protection an attack likely to his person or liberty in danger ((, c) threat to commit such an attack, d) attempt to commit such attack, or e) to participate as an accomplice in one such attack is considered by any State party as constituting an offence under its domestic law.
2. each State party shall make these offences punishable by appropriate penalties which take into account their grave nature.
3. paragraphs 1 and 2 of the present article are in no way affect the obligations which, under international law, obligations for States parties to take all appropriate measures to prevent other attacks on the person, freedom or dignity of a person enjoying international protection.
Section 3(1). Each State party shall take the measures necessary to establish its jurisdiction over the offences set forth in article 2 in cases below: a) when the offence is committed in the territory of that State or on board a ship or aircraft registered in that State;
(b) when the alleged perpetrator of the offence is a national of that State;
(c) when the offence is committed against a person enjoying international protection within the meaning of article first, that enjoys this status by virtue of the functions exercised by it in the name of that State.
2. each State party shall take also the necessary measures to establish its jurisdiction for the purposes of these offences where the perpetrator of the offence lies in its territory and where it does not extradite, in accordance with article 8, to one any of the States referred to in paragraph 1 of this article.
3. this Convention does not exclude a criminal jurisdiction exercised under domestic law.
Article 4 States parties cooperate in the prevention of the offences in article 2, including: a) by taking all practicable measures to prevent preparation in their respective territories of these offences to be committed inside or outside their territory.
b) exchanging information and co-ordinating administrative measures and others to take, as appropriate, to prevent the Commission of those offences.
Article 5(1). State party on whose territory have committed one or more of the offences specified in article 2, if it has reason to believe that a perpetrator of the offence fled from its territory, communicate it to all other States concerned directly or through the Secretary-General of the United Nations United all relevant facts regarding the crime committed and all the information available to it concerning the identity of the alleged perpetrator of the offence.
2. where one or more of the offences referred to in article 2 have been committed against a person enjoying international protection, any State party which has information concerning both the victim that the circumstances of the offence strives to communicate, in the conditions laid down by domestic legislation, in a timely manner and in complete form, to the State party on whose behalf that person performed his duties.
Article 6 1. If it considers that the circumstances so warrant, the State party in the territory of which the perpetrator of the offence is takes the appropriate measures under its domestic law to ensure the presence of the said perpetrator of the offence for the purpose of the prosecution or extradition. These measures shall be notified without delay directly or through the Secretary-General of the Organization of the United Nations: a) the State where the offence has been committed;
(b) the State or States of which the alleged perpetrator of the offence is a national or, if he is a stateless person, the State in the territory of which he resides permanently;
(c) the State or States of nationality or on behalf of whom or which the person enjoying international protection she performed his duties;
(d) all other States concerned; and e) intergovernmental organization of which the person enjoying international protection, an official personality or a servant.
2. any person in respect of whom the measures referred to in paragraph 1 are of the present article is entitled: has) to communicate without delay with the nearest appropriate representative of the State which has the nationality or who is otherwise entitled to protect its rights or, if it is a person stateless, which is prepared, on request to protect its rights. and b) to be visited by a representative of that State.
Article 7 the State party on whose territory is the alleged perpetrator of the offence, if it does not extradite, submit the case, without exception whatsoever and without undue delay, to its competent authorities for the exercise of criminal action, following a procedure consistent with the legislation of that State.
Article 8 1. Provided that the offences set forth in article 2 do not appear on the list of cases of extradition in a Treaty of extradition in force between States parties, they are considered to be included. The States parties to undertake to include such offences as extraditable in every extradition treaty to be concluded between them.
2. If a State party which makes extradition conditional on the existence of a treaty receives a
request for extradition by another State party with which it is not bound by an extradition treaty, it may, if it decides to extradite, consider this Convention as the legal basis for extradition in respect of such offences. Extradition is subject to the rules of procedure and to the other conditions provided by the law of the requested State.
3. States parties which do not make extradition conditional on the existence of a treaty recognizing these offences as between them to cases of extradition subject to the rules of procedure and the other conditions laid down by the law of the requested State.
4 between States parties, these offences are considered for the purposes of extradition as if they had been committed not only instead of their Commission on the territory of the States required to establish their jurisdiction in accordance with paragraph 1 of article 3.
Article 9 any person against whom proceedings is due to one of the offences set forth in article 2 has the guarantee of fair treatment at all stages of the procedure.
Article 10 1. States parties agree the widest possible mutual legal assistance in criminal proceedings relating to the offences set forth in article 2, including with regard to the communication of all the evidence they have and which are necessary for the purposes of the procedure.
2. the provisions of paragraph 1 of this article do not affect mutual legal assistance obligations stipulated in any other treaty.
Article 11 the State party in which a criminal action was brought against the offender for the offence furnishes the final outcome to the Secretary-General of the United Nations, who shall inform the other States parties.
Article 12 the provisions of this agreement will not affect the application of the treaties on asylum, in force at the date of adoption of the Convention, with respect to 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 these treaties.
Article 13 1. Any dispute between two or more States parties concerning the interpretation or application of this Convention which is not settled by negotiation is subject to arbitration at the request of one of them. If, within six months following the date of the request for arbitration, the parties are unable to agree on the Organization of the arbitration, one any of them may refer the dispute to the International Court of Justice, by filing a request in accordance with the Statute of the Court.
2. each State party may at the time of ratification of this Convention, the ratifying or acceding, declare that it does not consider itself bound by the provisions of paragraph 1 of this article. Other States parties will not be bound by those provisions to a State party which has entered such a reservation.
3. any State party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw such reservation by a notification addressed to the Secretary general of the United Nations.
Article 14 this Convention shall be open for signature to all States, until December 31, 1974, at the headquarters of the United Nations, in New York.
Article 15 this Convention shall be ratified. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Article 16 this Convention will remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 17 1. This Convention shall enter into force the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twenty-second instrument of ratification or accession.
2. for each State that ratifies the Convention or after the deposit of the twenty-second instrument of ratification or accession, the Convention enters into force the thirtieth day after the deposit by such State of its instrument of ratification or accession.
Section 18 (1). Any State party may denounce this Convention by written notification addressed to the Secretary general of the United Nations.
2. the denunciation shall take effect six months after the date on which the notification has been received by the Secretary-General of the United Nations.
Article 19 the Secretary general of the Organization of the United Nations shall notify all States, inter alia: a) signatures to this Convention and the deposit of instruments of ratification or accession in accordance with articles 14, 15 and 16, as well as the notifications made under article 18.
(b) the date on which this Convention enters 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 Organization of the United Nations, which shall keep certified copies to all the States.
In faith whereof the undersigned, duly authorized by their respective Governments, have signed this Convention, opened for signature in New York on 14 December 1973.
This Convention has been signed by the following countries: Federal Republic of Germany, the Australia, the Bulgaria, the Canada, the Denmark, Ecuador, the United States, the Finland, the Guatemala, the Hungary, the Iceland, the Italy, the Mongolia, the Nicaragua, the Norway, the Paraguay, the Poland, the GDR, the Belarus, the Ukraine, the Romania, the United Kingdom, Rwanda, the Sweden, Czechoslovakia, the Tunisia, USSR, Yugoslavia.
Convention on the prevention and punishment of offences against persons enjoying international protection, including diplomatic agents, done at New York on 14 December 1973, for the consultation of the table, see picture