Posted the: 2002-10-17 Numac: 2002015027 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE January 29, 2002. -Law concerning consent to the International Convention against the recruitment, use, financing and training of mercenaries, done at New York on 4 December 1989 (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.
S. 2. the International Convention against the recruitment, use, financing and training of mercenaries, made in New York on 4 December 1989, will release its 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, January 29, 2002.
ALBERT by the King: L. MICHEL. the Minister of Justice, Minister of Foreign Affairs, M. VERWILGHEN Scellé the seal of the State: the Minister of Justice, M.
VERWILGHEN _ Notes (1) Session 2000-2001.
-Bill introduced on July 4, 2001, no. 2 - 826/1.
Report, no. 2-826/2. -Text adopted by the Commission, no. 2-826/2.
Parliamentary Annals. -Discussion, meeting of 29 November 2001. -Vote meeting of 29 November 2001.
House of representatives.
Documents. -Draft transmitted by the Senate, no. 50-1532/1. -Text adopted in plenary meeting and submitted to the Royal assent, no. 50-1532/2.
-Discussion, meeting of December 18, 2001. -Vote, meeting on 20 December 2001.
International Convention against the recruitment, use, financing and training of mercenaries the States parties to the present 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, financed and educated for activities which violate the principles of international law such as those of the sovereign equality political independence and territorial integrity of States and that of the self-determination of peoples, stating that the recruitment, use, financing and training of mercenaries should be considered as offences that concern to urge all States and that any person committing one any of these offences should be brought to justice or extradited, convinced of the need to develop and strengthen cooperation between States to prevent prosecute and punish such offences, concerned about new international illicit drug traffickers and mercenaries in the Commission of acts of violence which 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 the observance of the purposes and principles enshrined in the Charter of the United Nations, aware that the issues which are not settled by such a convention continue to be governed by the rules and principles of international law, have agreed as follows: Article 1 for the purposes of this Convention, 1. "mercenary" means any person: has) which is specially recruited locally or abroad in order to fight in an armed conflict;
b) who takes part in the hostilities essentially to obtain a personal advantage and which is actually promised, by a party to the conflict or on its behalf, a significantly greater than material compensation that promised or paid to combatants with a rank and a similar function in the armed forces of that party;
c) which is neither a national of a party to the conflict nor a resident of territory controlled by a party to the conflict;
(d) who is not a member of the armed forces of a party to the conflict; and (e)) which was not sent by one State which is a party to the conflict on official duty as a member of the armed forces of that State.
2. "mercenary" means, in any other situation, a person: has) which is specially recruited locally or abroad to take part in a concerted act of violence aimed at: i) overthrowing a Government or, some other way, undermining the constitutional order of a State; or ii) porter achieved territorial integrity of a State;
(b) who takes part in such an act primarily to obtain significant personal benefit and is being pushed to act by the promise or payment of material compensation;
(c) is neither a national nor a resident of the State against which such an act is directed;
(d) has not been sent by a State on official duty;
and (e)) which is not a member of the armed forces of the State on whose territory the Act took place.
Article 2 any person who recruits, uses, finances or instructed mercenaries, within the meaning of article 1 of this Convention, an offence within the meaning of the Convention.
Section 3(1). A mercenary, within the meaning of article 1 of the present Convention, who participates directly in hostilities or in 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 the Convention.
(Section 4 commits an offence anyone: a) attempts to commit any of the offences defined in this Convention;
(b) is an accomplice of a person who commits or attempts to commit any of the offences defined in the Convention.
Article 5(1). States parties undertake to not recruit, use, finance or schooling mercenaries and to prohibit activities of this nature in accordance with the provisions of this Convention.
2. States parties undertake not to recruit, use, finance or schooling mercenaries 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 take, in accordance with international law, or training of mercenaries for this purpose. 3. They repress the offences defined in the Convention by appropriate penalties which take into account the serious nature of these offences.
Article 6 States parties cooperate in the prevention of the offences defined in the Convention, including: has) by taking all practicable measures to prevent preparation in their respective territories of these offences intended to be committed inside or outside their territories, including measures to prohibit the illegal activities of individuals, groups or organizations that encourage instigate, organize or commit such offences;
b) coordinating administrative measures and others to take to prevent the Commission of those offences.
Article 7 States parties cooperate in taking the necessary measures to implement this Convention.
Article 8 any State party which has reason to believe that one of the offences defined in the present Convention has been, is, or will be committed provides to the States parties concerned, directly or through the Secretary-General of the United Nations, in accordance with the provisions of its national legislation, all relevant information as soon as it is aware.
Article 9 1.
Each State party shall take the necessary measures to establish its jurisdiction over the offences defined in the present Convention that are committed: has) in its territory or on board a ship or aircraft registered in that State;
(b) by any of its nationals or, if that State considers it appropriate, the stateless persons who have their habitual residence in its territory.
2. Similarly, each State party shall take the necessary measures to establish its jurisdiction over the offences defined in articles 2, 3 and 4 of this Convention where the alleged offender is present in its territory and where that State does extradite not to one any of the States mentioned in paragraph 1 of this article.
3. this Convention does not exclude a criminal jurisdiction exercised under national law.
Article 10 1. If it considers that the circumstances so warrant, any State party in the territory of which the perpetrator of the offence is ensures, in accordance with its legislation, the detention of this person or take any other appropriate measures to ensure his presence during the time required for criminal prosecution or extradition proceedings. That State party shall immediately make a preliminary inquiry to establish the facts.
2. when a State party, pursuant to the provisions of this article, put a person in detention or taken any other measures provided for in paragraph 1 of this article, it shall notify without delay directly or through the Secretary-General of the Organization of the United Nations: a) the State party where the offence has been committed;
b) the State party which was the subject of the offence or attempted offence;
c) the State party including the physical or legal person who was the subject of the offence or the attempt
infringement has nationality;
(d) the State party where the alleged perpetrator of the offence has the nationality or, if stateless, the State party in the territory of which he has his habitual residence;
e) any other State party concerned as it deems appropriate to notify.
3. 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 qualified State representative whose nationality or who is otherwise entitled to protect its rights or, if it is a person stateless, of the State on whose territory it has its habitual residence;
(b) to be visited by a representative of that State.
4. the provisions of paragraph 3 of this article are without prejudice to the right of any State party having established jurisdiction in accordance with paragraph (b), paragraph 1, article 9 to invite the international Committee of the Red Cross to communicate with the perpetrator of the offence and to visit.
5. the State conducting the preliminary investigation referred to in paragraph 1 of the present article quickly communicate the findings to the States mentioned in paragraph 2 of this article and tells them whether it intends to exercise jurisdiction.
Article 11 any person against which an action is brought for any offences defined in the Convention is, at all stages of the procedure, the guarantee of fair treatment and all the rights and guarantees provided by the law of the State concerned. The standards of international law should be taken into account.
Article 12 the State party in whose territory the alleged perpetrator of the offence is found, if it does not extradite, is required, without exception, and that the offence in question or not has been committed in its territory, to submit the case to its competent authorities for the exercise of criminal action, according to a procedure in accordance with the legislation of that State. These authorities shall take their decision in the same conditions for any other offence of a serious nature under the law of that State.
Article 13 1. States parties agree the widest possible mutual legal assistance in criminal proceedings relating to the offences defined in the Convention, including with respect to the communication of all the evidence they have and which are necessary for the purposes of the procedure. In all cases, the applicable law for the execution of a request for mutual assistance is that of the requested State.
2. the provisions of paragraph 1 of this article do not affect mutual legal assistance obligations 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 furnishes, in accordance with its legislation, the final outcome to the Secretary-General of the United Nations, who shall inform the other interested States.
Article 15 1. The offences defined in articles 2, 3 and 4 of this Convention shall be included as extraditable in any extradition treaty concluded between States parties. States parties 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 from 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 in relation to these offences.
Extradition shall be subject to the other conditions laid down by the legislation of the requested State.
3. States parties which do not make extradition conditional on the existence of a treaty recognize such offences as extraditable between them in the conditions laid down by the legislation of the requested State.
4 between States parties, offences are considered for the purposes of extradition as if they had been committed both instead of their Commission on the territory of the States required to establish their jurisdiction in accordance with article 9 of this Convention.
Article 16 this Agreement shall not affect: a) the rules relating to the international responsibility of States.
b) the law of armed conflict and international humanitarian law, including the provisions relating to the status of combatant or prisoner of war.
Article 17 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 any State may, at the time it signs this Convention, ratifies or accedes thereto declare that it does not consider itself bound by the provisions of paragraph 1 of this article. Other States parties are not bound by those provisions to a State party which has made 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.
Section 18 (1). This Convention shall be open for signature by all States until 31 December 1990, at the headquarters of the United Nations, in New York.
2. the present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
3. the present Convention will be open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 19 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 20 (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 one year after the date on which the notification has been 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 Organization of the United Nations, which shall keep certified copies to all the States.
In faith whereof the undersigned, duly authorized thereto by their respective Governments, have signed this Convention.
LIST of States related to the consultation of the table, see image the Kingdom of Belgium has tabled the following reservations: "nothing in 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 concerning such offences was presented for the purpose to pursue or punish a person on grounds of ethnic origin. religion, nationality or political opinions, or that this request would be detrimental to 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 was presented for the purpose to pursue or punish such a person for reasons of ethnic origin, religion, nationality or political opinions ". , or that this request would prejudice the situation of that person for any of these considerations.
Nothing in the Convention shall be construed as implying, for Belgium, an obligation to extradite Belgian nationals. »