27 AVRIL 2004. - Law on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, made in New York on 14 December 1973 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, made in New York on 14 December 1973, will come out its full and full effect.
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, 27 April 2004.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2003-2004.
Senate.
Documents.
Bill tabled on 8 December 2003, No. 3-397/1.
Report on behalf of the Commission, No. 3-397/2.
Annales parliamentarians.
Discussion, meeting of 3 February 2004.
Vote, meeting of 3 February 2004.
Room
Documents
Project transmitted by the Senate, No. 51-804/1.
Report made on behalf of the Commission, No. 51-804/2.
Text adopted in plenary and subject to Royal Assent, No. 51-804/3.
Annales parlementaire
Discussion, meeting of March 25, 2004.
Vote, meeting of 25 March 2004.

Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents
States parties to this 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,
Considering that offences committed against diplomatic agents and other persons enjoying international protection, by jeopardizing the security of such persons, pose a serious threat to the maintenance of normal international relations that are necessary for cooperation among States,
Believing that the commission of such offences is a cause of grave concern to the international community,
Convinced of the urgent need to adopt appropriate and effective measures to prevent and punish such offences,
The following agreed:
Article 1^er
For the purposes of this Convention:
1. The term "nobody enjoying international protection" means:
(a) any Head of State, including each member of a collegial body acting under the constitution of the State under consideration as Head of State; any head of government or foreign minister, when such person is in a foreign state, as well as members of his or her family accompanying him;
(b) any representative, official or official personality of a State and of any official, official or other officer of an intergovernmental organization who, at the date and place where an offence is committed against his or her person, official premises, private domicile or means of transport, is entitled, in accordance with international law, to special protection against any violation of his or her person, liberty or dignity, as well as members of his or her family who are part of his or her household.
2. The term "presumed perpetrator of the offence" means any person against whom there is sufficient evidence to establish first of all that the person committed or participated in one or more of the offences under section 2.
Article 2
1. The intentional fact:
(a) commit a murder, abduction or other attack against the person or liberty of a person enjoying international protection,
(b) to commit, by resorting to violence, against official premises, private housing or means of transport of a person enjoying international protection, an attack that could endanger his or her person or liberty,
(c) to threaten to commit such an attack,
(d) attempt to commit such an attack, or
(e) to participate as an accomplice in such an attack
is considered by any State Party as an offence under its domestic law.
2. Any State Party shall make such offences punishable by appropriate penalties that take into account their seriousness.
3. Paragraphs 1^er and 2 of this article shall in no way affect the obligations which, under international law, require States parties to take all appropriate measures to prevent further violations of the person, liberty or dignity of a person enjoying international protection.
Article 3
1. Any State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing offences under Article 2 in the following cases:
(a) where the offence is committed in the territory of that State or on board a ship or aircraft registered in that State;
(b) where the alleged perpetrator of the offence has the nationality of that State;
(c) where the offence is committed against a person enjoying international protection within the meaning of Article 1 who enjoys that status under the same functions as the person performing on behalf of that State.
2. Any State Party shall also take the necessary measures to establish its jurisdiction for the purpose of knowing these offences in the event that the alleged perpetrator of the offence is on its territory and where he does not extradite him, in accordance with Article 8, to any of the States referred to in paragraph 1^er of this article.
3. This Convention does not exclude criminal jurisdiction under domestic legislation.
Article 4
States Parties shall cooperate in the prevention of offences under Article 2, including:
(a) taking all possible measures to prevent the preparation, in their respective territories, of these offences intended to be committed within or outside their territory;
(b) by exchanging information and coordinating administrative and other measures, where appropriate, to prevent the commission of such offences.
Article 5
1. The State Party in the territory of which one or more of the offences provided for in Article 2, if it has reason to believe that an alleged perpetrator of the offence has fled its territory, shall communicate to all other interested States directly or through the Secretary General of the United Nations all relevant facts concerning the offence committed and all the information available to it regarding the identity of the alleged perpetrator of the offence.
2. Where one or more of the offences provided for in Article 2 have been committed against a person enjoying international protection, any State Party that has information concerning both the victim and the circumstances of the offence shall endeavour to communicate them, under the conditions provided for in domestic legislation, in due time and in full form, to the State Party on whose behalf the person exercised his or her functions.
Article 6
1. If the State party considers that the circumstances warrant it, the State party in whose territory the alleged perpetrator of the offence is located shall take appropriate measures in accordance with its domestic legislation to ensure the presence of the alleged perpetrator of the offence for the purposes of prosecution or extradition. These measures are notified without delay directly or through the Secretary-General of the United Nations:
(a) the State where the offence was committed;
(b) the State or States whose alleged perpetrator of the offence has nationality or, if stateless, the State in whose territory he resides permanently;
(c) the State or States of which the person enjoying international protection is a national or on whose behalf the person exercising his or her functions;
(d) all other interested States; and
e) an intergovernmental organization whose person enjoying international protection is an official, an official or an agent.
2. Any person in respect of whom the measures referred to in paragraph 1 are taken^er of this article shall be entitled to:
(a) to communicate without delay with the competent representative closest to the State of which she has nationality or who is otherwise entitled to protect her rights or, if it is a stateless person, who is willing, upon request, to protect her rights; and
(b) to receive a visit from a representative of that State.
Article 7
The State party in the territory of which the alleged perpetrator of the offence is located, if it does not extradite the latter, submits the case, without any exceptions and without undue delay, to its competent authorities for the exercise of the criminal action, in accordance with a procedure consistent with the law of that State.
Article 8
1. As long as the offences provided for in Article 2 are not included in the list of cases of extradition in an extradition treaty in force between the States parties, they are considered to be included. States parties undertake to understand these offences as extradition cases in any extradition treaty to be concluded between them.
2. If a State Party that subordinates extradition to the existence of a treaty is seized with 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 to such offences. Extradition is subject to the rules of procedure and other conditions provided by the law of the requested State.
3. States parties that do not subordinate extradition to the existence of a treaty recognizing these offences as constituting cases of extradition submitted to the rules of procedure and other conditions provided by the law of the requested State.
4. Between States parties, these offences are considered for purposes of extradition as having been committed both in the place of their commission and in the territory of the States required to establish their jurisdiction under paragraph 1^er of Article 3.
Article 9
Any person against whom a procedure is initiated because of one of the offences provided for in Article 2 shall be guaranteed fair treatment at all stages of the proceedings.
Article 10
1. States parties shall accord the widest possible mutual legal assistance in any criminal proceedings relating to the offences provided for in Article 2, including with regard to the communication of all the evidence available to them and which are necessary for the purposes of the proceedings.
2. The provisions of paragraph 1^er of this article shall not affect the obligations relating to mutual legal assistance stipulated in any other treaty.
Article 11
The State party in which a criminal action has been initiated against the alleged perpetrator of the offence shall transmit the final result to the Secretary-General of the United Nations, who shall inform the other States parties.
Article 12
The provisions of this Convention shall not affect the application of the Asylum Treaties, in force on the date of adoption of this Convention, with respect to the States that are parties to these Treaties; but a State Party to this Convention may not invoke these Treaties with respect to another State Party to this Convention that 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 that is not settled by negotiation shall be subject to arbitration at the request of one of them. If, within six months after the date of the application for arbitration, the parties fail to agree on the organization of the arbitration, any of them may submit the dispute to the International Court of Justice, by filing a request in accordance with the Statute of the Court.
2. Any State Party may, at the time of signing this Convention, ratify or accede to it, declare that it does not consider itself bound by the provisions of paragraph 1^er of this article. The other States parties shall not be bound by the said provisions to a State Party which has formulated such a reservation.
3. Any State Party that has made a reservation in accordance with the provisions of paragraph 2 of this article may at any time withdraw this reservation by a notification addressed to the Secretary-General of the United Nations.
Article 14
This Convention shall be open for signature by all States, until 31 December 1974, at United Nations Headquarters, New York.
Article 15
This Convention will be ratified. Instruments of ratification will be deposited with the Secretary-General of the United Nations.
Article 16
This Convention shall remain open to the accession of any State. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 17
1. This Convention shall enter into force on 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 ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit of its instrument of ratification or accession by that State.
Article 18
1. Any State Party may denounce this Convention by means of a 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 was received by the Secretary-General of the United Nations.
Article 19
The Secretary-General of the United Nations shall notify all States, inter alia:
(a) the signatures affixed 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 comes into force, in accordance with Article 17.
Rule 20
The original of this Convention, of which the English, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall have certified copies thereof to all States.
In faith, the undersigned, duly authorized by their respective Governments, signed this Convention, open for signature in New York on 14 December 1973.
This Convention has been signed by the following countries:
The Federal Republic of Germany, Australia, Bulgaria, Canada, Denmark, Ecuador, Finland, Guatemala, Hungary, Iceland, Italy, Mongolia, Nicaragua, Norway, Paraguay, Poland, the GDR, Belarus, Ukraine, Romania, the United Kingdom, Yugoslavia, Sweden, Czechoslovakia, Tunisia.

Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, made in New York on 14 December 1973
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