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Law Approving The European Convention On The Imprescriptibility Of The Crimes Against Humanity And Crimes Of War, Done At Strasbourg On January 25, 1974 (1)

Original Language Title: Loi portant assentiment à la Convention européenne sur l'imprescriptibilité des crimes contre l'humanité et des crimes de guerre, faite à Strasbourg le 25 janvier 1974 (1)

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27 FEBRUARY 2003. - Act enacting the European Convention on the Imprescriptibility of Crimes against Humanity and War Crimes, made in Strasbourg on 25 January 1974 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The European Convention on the Imprescriptibility of Crimes against Humanity and War Crimes, made in Strasbourg on 25 January 1974, 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 February 2003.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Justice,
Mr. VERWILGHEN
Seen and sealed the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2001-2002.
Senate.
Documents:
Bill tabled on 27 September 2002, No. 2-1283/1.
Session 2002-2003.
Documents:
Report on behalf of the Commission, No. 2-1283/2.
Annales parlementaire :
Discussion, meeting of 28 November 2002.
Voting, meeting of 28 November 2002.
Room.
Documents:
Project transmitted by the Senate, No. 50-2160/1.
Text adopted in plenary and subject to Royal Assent, No. 50-2160/2.
Annales parlementaire :
Discussion, meeting of 13 December 2002.
Voting, meeting of 13 December 2002.

EUROPEAN CONVENTION ON THE IMPRESCRIPTIBILITY OF CRIMES AGAINST HUMANITY AND GUARANTEE CRIMES
Member States of the Council of Europe, signatories to this Convention,
Considering the need to safeguard human dignity in times of war and in times of peace;
Recognizing that crimes against humanity and the most serious violations of the laws and customs of war constitute a serious violation of that dignity;
Wishing to avoid, therefore, that the repression of these crimes be hampered by the prescription of prosecution and enforcement of sentences;
Considering the essential interest of promoting a common criminal policy in this area, the Council of Europe's aim is to achieve a closer union between its members,
agreed that:
Article 1
Any Contracting State undertakes to take the necessary measures to ensure that the limitation is not applicable to the prosecution of the following offences and to the enforcement of the penalties imposed for such offences, provided that they are punishable under its national legislation:
1. crimes against humanity under the Convention on the Prevention and Punishment of the Crime of Genocide, adopted on 9 December 1948 by the General Assembly of the United Nations;
2. (a) the offences provided for in articles 50 of the 1949 Geneva Convention for the Improvement of the Condition of the Wounded and Sick in the Armed Forces in the Field, 51 of the 1949 Geneva Convention for the Improvement of the Condition of the Wounded, Sick and Naufragés of the Armed Forces on the Sea, 130 of the 1949 Geneva Convention relative to the Treatment of Prisoners of War and 147 of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War,
(b) any similar violations of the laws of war in force during the entry into force of this Convention and the customs of war existing at that time, which are not already provided for in the above-mentioned provisions of the Geneva Conventions,
where the offence in this case is of particular gravity, either because of its material and intentional elements or because of the extent of its foreseeable consequences;
3. any other breaches of the laws and costs of international law as established in the future, considered by the Contracting State concerned, under a declaration made in accordance with Article 6, as similar in nature to those provided for in paragraphs 1 or 2 of this Article.
Article 2
1. In each Contracting State, this Convention applies to offences committed after its entry into force with respect to that State.
2. It also applies to offences committed before this entry into force in cases where the limitation period has not yet expired on that date.
Article 3
1. This Convention is open for signature by the Member States of the Council of Europe. It will be ratified or accepted. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.
2. The Convention shall enter into force three months after the date of deposit of the third instrument of ratification or acceptance.
3. It will enter into force with respect to any signatory State that will ratify or accept it at a later date, three months after the date of deposit of its instrument of ratification or acceptance.
Article 4
1. Following the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council of Europe to accede to this Convention. The resolution concerning this invitation should receive the unanimous agreement of the members of the Council having ratified the Convention.
2. The accession shall be effected by the deposit, near the Secretary General of the Council of Europe, of an instrument of accession which shall take effect three months after the date of its deposit.
Article 5
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or accession, designate the territory or territories to which this Convention applies.
2. Any State may, at the time of deposit of its instrument of ratification, acceptance or accession or at any other time thereafter, extend the application of this Convention, by declaration addressed to the Secretary General of the Council of Europe, to any other territory designated in the declaration and to which it shall ensure international relations or for which it is authorized to provide.
3. Any declaration made under the preceding paragraph may be withdrawn, with respect to any territory designated in that declaration, under the conditions provided for in Article 7 of this Convention.
Article 6
1. Any Contracting State may, at any time, by declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to the offences provided for in Article 1, paragraph 3, of this Convention.
2. Any declaration made under the preceding paragraph may be withdrawn under the conditions provided for in Article 7 of this Convention.
Article 7
1. This Convention shall remain in force without limitation of time.
2. Any Contracting State may denounce this Convention with a notification to the Secretary General of the Council of Europe.
3. The denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.
Article 8
The Secretary General of the Council of Europe shall notify the Member States of the Council and any State which has acceded to this Convention:
(a) any signature;
(b) the deposit of any instrument of ratification, acceptance or accession;
(c) any effective date of this Convention in accordance with Article 3;
(d) any declaration received under articles 5 or 6;
(e) any notification received under the provisions of Article 7 and the date on which the denunciation takes effect.
In faith, the undersigned, duly authorized to do so, have signed this Convention.
Done in Strasbourg, on 25 January 1974, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatories and members.

European Convention on the Imprescriptibility of Crimes against Humanity and War Crimes, made in Strasbourg on 25 January 1974
LIST OF LIES
For the consultation of the table, see image
Belgium has filed the following statement:
"The Government of the Kingdom of Belgium states that Article 2 of the Convention is without prejudice to any rule of international law binding on Belgium and any Belgian law which contains or may contain provisions of a broader scope. »