29 JANVIER 2002. - An Act to approve the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, made in New York on 4 December 1989 (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 International Convention against the Recruitment, Use, Financing and Training of Mercenaries, made in New York on 4 December 1989, will emerge its 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, 29 January 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2000-2001.
Senate.
Documents. - Bill tabled on 4 July 2001, No. 2-826/1.
Session 2001-2002.
Report, no. 2-826/2. - Text adopted by the Commission, No. 2-826/2.
Annales parliamentarians. - Discussion, meeting of 29 November 2001. - Vote, meeting of 29 November 2001.
Session 2001-2002.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 50-1532/1. - Text adopted in plenary and subject to Royal Assent, No. 50-1532/2.
Annales parliamentarians. - Discussion, meeting of December 18, 2001. - Vote, meeting of 20 December 2001.

International Convention against the Recruitment, Use, Financing and Training of Mercenaries
States parties to this Convention.
Reaffirming the purposes and principles enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,
Knowing that mercenaries are recruited, used, funded and educated for activities that violate the principles of international law such as those of sovereign equality, political independence and territorial integrity of States, as well as the self-determination of peoples,
Affirming that the recruitment, use, financing and training of mercenaries must be regarded as offences of grave concern to all States and that any person who has committed any of these offences must be brought to justice or extradited,
Convinced of the need to develop and strengthen international cooperation among States to prevent, prosecute and punish such offences,
Concerned about new illicit international activities linking drug traffickers and mercenaries in the perpetration of acts of violence that undermine the constitutional order of States,
Convinced also that the adoption of a convention against the recruitment, use, financing and training of mercenaries would contribute to the elimination of these reprehensible activities and, therefore, to respect the purposes and principles enshrined in the Charter of the United Nations,
Aware that issues not resolved by such a convention continue to be governed by the rules and principles of international law,
The following agreed:
Article 1^er
For the purposes of this Convention,
1. The term " mercenary" means anyone:
(a) Who is specially recruited in the country or abroad to fight in armed conflict;
(b) that is involved in hostilities primarily with a view to obtaining a personal advantage and to which, by a party to the conflict or on its behalf, material remuneration is substantially higher than that which and promised or paid to fighters with similar rank and function in the armed forces of that party;
(c) that is neither a national of a party to the conflict nor a resident of the territory controlled by a party to the conflict;
(d) not a member of the armed forces of a party to the conflict; and
(e) that was not sent by a State other than a party to the conflict on official mission as a member of the armed forces of that State.
2. The term " mercenary" also means, in any other situation, any person:
(a) that is specially recruited in the country or abroad to take part in a concerted act of violence aimed at:
(i) to overthrow a government or, in any other way, to undermine the constitutional order of a State; or
(ii) impair the territorial integrity of a State;
(b) that takes part in such an act primarily to obtain a significant personal advantage and is urged to act by the promise or payment of material remuneration;
(c) that is neither a national nor a resident of the State against which such an act is directed;
(d) that was not sent by a State on an official mission; and
(e) that is not a member of the armed forces of the State in whose territory the act took place.
Article 2
Any person who recruits, uses, finances or educates mercenaries, within the meaning of article 1 of this Convention, commits an offence within the meaning of the Convention.
Article 3
1. A mercenary, within the meaning of Article 1 of this Convention, which takes a direct part in hostilities or a concerted act of violence, as the case may be, commits an offence within the meaning of the Convention.
2. Nothing in this article limits the scope of Article 4 of this Convention.
Article 4
Every person commits an offence:
(a) Tent to commit any of the offences defined in this Convention;
(b) An accomplice of a person who commits or tries to commit any of the offences defined in this Convention.
Article 5
1. States parties undertake not to recruit, use, finance or instruct mercenaries and to prohibit such activities in accordance with the provisions of this Convention.
2. States parties undertake not to recruit, use, finance or instruct mercenaries in order to oppose the legitimate exercise of the inalienable right of peoples to self-determination as recognized by international law and appropriate measures to prevent the recruitment, use, financing to be taken, in accordance with international law, or the training of mercenaries to that end.
3. They shall punish the offences defined in this Convention by appropriate penalties that take into account the grave nature of such offences.
Article 6
The States parties shall cooperate in the prevention of offences defined in this Convention, including:
(a) By taking all possible measures to prevent the preparation in their respective territories of such offences intended to be committed within or outside their territory, including measures to prohibit the illegal activities of individuals, groups or organizations that encourage, foment, organize or perpetuate such offences;
(b) By coordinating administrative and other measures to prevent the commission of such offences.
Article 7
States parties shall cooperate by taking the necessary measures to implement this Convention.
Article 8
Any State Party that has to believe that any of the offences defined in this Convention has been, is or will be committed shall provide to the States parties concerned, directly or through the Secretary-General of the United Nations, in accordance with the provisions of its national legislation, any relevant information as soon as it is aware of it.
Article 9
1. Each State Party shall take the necessary measures to establish its jurisdiction for the purposes of ascertaining offences defined in this Convention which are committed:
(a) On its territory or on board a ship or aircraft registered in that State;
(b) By any of its nationals or, if that State deems it appropriate, by stateless persons who have their habitual residence in its territory.
2. Likewise, each State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing offences defined in articles 2, 3 and 4 of this Convention in the event that their alleged perpetrator is in its territory and where the said State does not extradite him to any of the States mentioned in paragraph 1^er of this article.
3. This Convention does not exclude criminal jurisdiction under national legislation.
Article 10
1. If the State party considers that the circumstances warrant it, any State Party in the territory of which the alleged perpetrator of the offence is located shall, in accordance with its legislation, ensure that the person is detained or take any other appropriate measures to ensure that the person is detained during the period necessary for the initiation of criminal proceedings or extradition proceedings. This State Party shall immediately conduct a preliminary inquiry to establish the facts.
2. Where a State Party has, in accordance with the provisions of this article, detained a person or taken any other measures provided for in paragraph 1^er the Secretary-General of the United Nations shall notify, without delay, directly or through the Secretary-General of the United Nations without delay:
(a) The State Party where the offence was committed;
(b) The State party that was the subject of the offence or attempted offence;
(c) The State party whose natural or legal person who has been the subject of the offence or attempted offence has nationality;
(d) The State party whose alleged perpetrator of the offence has nationality or, if stateless, the State party in whose territory he has his habitual residence;
(e) Any other interested State that it considers appropriate to notify.
3. 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 closest qualified representative of the State of which she is a national or otherwise authorized to protect her rights or, if it is a stateless person, the State in whose territory she has her habitual residence;
(b) To receive a visit from a representative of this State.
4. The provisions of paragraph 3 of this article shall be without prejudice to the right of any State Party having established its jurisdiction in accordance with paragraph 1 (b).^erArticle 9 to invite the International Committee of the Red Cross to communicate with and visit the alleged perpetrator of the offence.
5. The State conducting the preliminary investigation referred to in paragraph 1^er this article shall promptly communicate the conclusions to the States referred to in paragraph 2 of this article and indicate whether it intends to exercise its jurisdiction.
Article 11
Any person against whom an action is brought for any of the offences defined in this Convention shall, at all stages of the proceedings, be guaranteed fair treatment and all rights and guarantees provided for in the law of the State concerned. The applicable norms of international law should be taken into account.
Article 12
The State party in whose territory the alleged perpetrator of the offence is discovered, if he does not extradite the latter, is bound, without any exception, and whether or not the offence was committed in its territory, to submit the matter to its competent authorities for the exercise of the criminal action, in accordance with a procedure consistent with the law of that State. Such authorities shall take their decisions in the same conditions as for any other offence of a serious nature in accordance with the law of that State.
Article 13
1. States Parties shall accord the widest possible mutual legal assistance in any criminal proceedings relating to the offences defined in this Convention, including with regard to the communication of all the evidence available to them and which are necessary for the purposes of the proceedings. In all cases, the law applicable to the execution of a request for assistance is that of the requested State.
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 14
The State party in which a criminal action has been taken against the alleged perpetrator of the offence shall, in accordance with its legislation, communicate the final result to the Secretary-General of the United Nations, who shall inform the other States concerned.
Article 15
1. The offences defined in Articles 2, 3 and 4 of this Convention shall be fully understood as extradition cases in any extradition treaty concluded between States parties. 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 has the discretion to consider this Convention as the legal basis for extradition with respect to these offences. Extradition is subject to the other conditions provided by the law of the requested State.
3. States parties that do not subordinate extradition to the existence of a treaty recognize these offences as cases of extradition between them under the conditions provided by the law of the requested State.
4. Between States parties, offences are considered for the 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 Article 9 of this Convention.
Article 16
This Convention does not affect:
(a) Rules relating to the international responsibility of States;
(b) The law of armed conflict and international humanitarian law, including provisions relating to the status of a combatant or a prisoner of war.
Article 17
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 may, at the time it signs 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 are not bound by these 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 18
1. This Convention shall be open for signature by all States, until 31 December 1990, at United Nations Headquarters, New York.
2. This Convention shall be subject to ratification. Instruments of ratification will be deposited with the Secretary-General of the United Nations.
3. This Convention shall be open to the accession of any State. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 19
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.
Rule 20
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 one year after the date on which the notification was received by the Secretary-General of the United Nations.
Article 21
The original of this Convention, 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 have certified copies thereof to all States.
In faith, the undersigned, duly authorized by their respective Governments, have signed this Convention.

LIST OF LIES
For the consultation of the table, see image
The Kingdom of Belgium has deposited the following reservations:
"No provision of this Convention shall be construed as implying an obligation of mutual legal assistance if the requested State Party has reason to believe that the request for mutual legal assistance in respect of such offences has been submitted for the purpose of prosecuting or punishing such a person for considerations of ethnic origin, religion, nationality or political opinion, or that pursuant to that request would prejudice the situation of that person for any of these considerations. » and
"No provision of this Convention shall be construed as implying an obligation to extradite if the requested State Party has reason to believe that the request for extradition for offences covered by the Convention has been submitted for the purpose of prosecuting or punishing such a person for considerations of ethnic origin, religion, nationality or political opinion, or that following this request would prejudice the situation of that person for any of these considerations.
No provision of the Convention shall be interpreted as implying, for Belgium, an obligation to extradite Belgian nationals. »