DECREE NO. 3,615, OF September 29, 2000.

Promulga the Convention on the Safety of Personnel of Nations United and Associated Staff, completed in New York, on December 9, 1994.

The PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 84, inciso VIII, of the Constitution,

CONSIDERING that the Convention on the Safety of Personnel of the United Nations and Associated Staff was completed in New York, on December 9, 1994;

CONSIDERING that the National Congress has approved the multilateral act in epitography through the Legislative Decree No. 122, of June 8, 2000;

XX_ENCODE_CASE_One CONSIDERING that the Brazilian Government deposited the Instrument of Ratification of the said Convention on September 6 of 2000, passing the same to the invigorate, to Brazil, on October 6, 2000;

DECRETA:

Art. 1º The Convention on the Safety of United Nations Personnel and Associated Staff, concluded in New York, on December 9, 1994, append by copy to this Decree, is to be performed and complied with as entirely as it contains.

Paragraph single. They are subject to the approval of the National Congress any acts that may result in revision of the said Convention, as well as any supplementary adjustments which, pursuant to art. 49, I, of the Constitution, carry charges or gravy commitments to the national heritage.

Art. 2º This decree goes into effect on the date of its publication.

Brasilia, September 29, 2000; 179º of Independence and 112º of the Republic.

FERNANDO HENRIQUE CARDOSO

Luiz Felipe Lampreia

Convention on the Safety of Personnel of the United Nations and Associate Personnel

The States Parties to the present Convention,

Deeply concerned about the growing number of dead and injured as a result of bombings deliberate against United Nations personnel and associated personnel;

Having present that it cannot be justified or accept that the personnel acting on behalf of the United Nations are the object of bombings or mistreatment of any kind, perpetrated by whoever they want to be;

RECOGNIZING that the United Nations operations take place in the interests of the entire international community and in accordance with the principles and purposes of the United Nations;

RECOGNIZING the important contribution of the United Nations personnel and personnel associated with the activities of the United Nations in the fields of preventive diplomacy, of the establishment, maintenance and consolidation of peace, and humanitarian operations, among others;

Cents of existing agreements to ensure the safety of United Nations personnel and personnel associated, in particular the measures adopted by the major organs of the United Nations on the matter;

RECOGNIZING, notwithstanding, that the measures currently in place for the protection of the personnel of the Nations United and associated personnel are insufficient;

RECOGNIZING that the effectiveness and safety of United Nations operations increase when these operations take place with the consent and cooperation of the receiving State;

Appellating to all states where United Nations personnel and associated personnel and all entities whose aid may require such personnel, to provide unrestricted support with a view to facilitating the fulfillment and fulfillment of the mandate of the operations of Nations UNITED;

Convinced, therefore, of the urgent need to adopt appropriate and effective measures to prevent the bombings committed against United Nations personnel and associated personnel and to punish those that hajam committed,

Decided the following:

Article 1

Definitions

For the purposes of this Convention;

a) by? staff of the United Nations? if you will understand:

i) the persons hired or employed by the Secretary General of the Nations United as members of the military, police, or civilian components of a United Nations operation;

ii) other officials and experts on the mission of the United Nations or its specialized bodies or of the International Atomic Energy Agency (IAEA) who find themselves present, in official character, in a zone where an operation of the United Nations develops;

b) by ? associated personnel? if you will understand:

i) the persons designated by a Government or by an organisation intergovernmental with the avail of the competent organ of the United Nations;

ii) the people contracted by the Secretary-General of the United Nations, by a specialized body or by the IAEA;

iii) people sent by an organism or non-governmental organization of humanitarian character by virtue of agreement as Secretary-General of the United Nations, with an organism specialized or with the IAEA to carry out activities in support of fulfilling the mandate of an operation of the United Nations;

c) by? operation of the United Nations? if you will understand an operation established by the competent organ of the United Nations in accordance with the Charter of the United Nations and executed under the authority and control of the United Nations;

i) when the operation defers to maintain or re-establish international peace or security, or

ii) when the Security Council or the General Assembly has declared, for the effects of the present Convention, that there is exceptional risk to the safety of the personnel participating in the operation;

d) by?Receiver state? if you will understand a state in whose territory a United Nations operation develops;

and) by?State of transit? if you will understand one state, another that the receiving State, on whose territory the United Nations personnel and associated personnel or their material is in transit, or temporarily present, in relation to a United Nations operation.

Article 2

Scope of Application

1. This Convention shall apply to the personnel of the United Nations and associated personnel and to the operations of the United Nations, as defined in Article 1.

2. This Convention shall not apply to the operations of the United Nations authorized by the Security Council as a coercive measure under Chapter VII of the Charter of the United Nations in which any staff members participate as combatants against organized armed forces, in which case the right pertaining to international armed conflicts applies.

Article 3

Identification

1. The military and police components of operations of the United Nations as well as their vehicles, vessels and aircraft, will carry distinctive identification. The rest of the personnel and vehicles, vessels and aircraft participating in United Nations operations will bring due identification, unless the Secretary-General of the United Nations decides otherwise.

2. All United Nations personnel and associated personnel will pore the corresponding identification documents.

Article 4

Agreements on?Status? of the Operation

The receiving State and the United Nations will conclude with the possible advance agreement on the status of the operation of the United Nations and of all personnel participating in the operation, of which it will build, among others, provisions on the prerogatives and immunities of the military and police components of the operation.

Article 5

Transit

The State of transit it will facilitate the free transit of and for the receiving State, United Nations personnel and associated personnel and its equipment.

Article 6

Respect to Laws and Regulations

1. Without prejudice to the privileges and immunities enjoyed by or from the requirements of their duties, United Nations personnel and associated personnel:

a) will respect the laws and regulations of the receiving state and the State of transit;

b) abstain from all action or activity incompatible with the impartial and international character of its functions, and

2. The Secretary-General of the United Nations shall take all appropriate measures to ensure the observance of these obligations.

Article 7

Required Velar by Security of the United Nations Staff and Associated Staff

1. United Nations personnel and associated personnel, their equipment and their places of operation will not be the subject of attacks nor of any action that prevents them from fulfilling their mandate.

2. The States Parties shall adopt all appropriate measures to ensure the safety of United Nations personnel and associated personnel. The States Parties, in particular, shall adopt all appropriate measures to protect the personnel of the United Nations and associated personnel in their territory against the crimes listed in Article 9.

3. The States Parties shall cooperate with the United Nations and as the remaining States Parties, as the case may be, in the application of this Convention, especially in cases where the receiving State is not in a position to adopt by itself the measures required.

Article 8

Obligation to Enact in Freedom or Return United Nations Personnel and Associated Personnel Captured or Detained

Unless otherwise agreed upon in agreement on the?status? of the forces that is applicable, if the personnel of the United Nations or associated personnel are captured or detained in the performance of their duties and if it has established their identity, will not be subjected to interrogation and will be immediately put on freedom and returned to the United Nations or other relevant authorities. During his detention or capture, such personnel will be treated in accordance with the norms of universally recognized Human Rights within the principles and spirit of the 1949 Geneva Conventions.

Article 9

Crimes Against United Nations Personnel and Associated Staff

1. The intentional practice of:

a) a homicide, kidnapping, or other attack on the integrity physician or the freedom of any member of the staff of the United Nations or associated personnel;

b) a violent attack on the official sites, the private residence or means of transport of any member of the United Nations personnel or associated personnel who may put in danger their physical integrity or their freedom;

c) a threat of such an attack with the goal to compel a physical or legal person to perform or refrain from carrying out some act;

d) an attempt to commit such an attack; and

e) an act constituting the participation as an accomplice in such an attack or attempt to attack or that supposes organizing or ordering the perpetration of such an attack, will be considering crime by each State-Party in its national legislation.

2. The States Parties shall sanction the crimes listed in paragraph 1 with appropriate penalties that take into account their gravity.

Article 10

Establishment of Jurisdiction

1. Each State-Party shall adopt the necessary measures to establish its jurisdiction over the crimes set out in Article 9 in the following cases:

a) when the crime is committed on the territory of that State or on board of ship or aircraft enrolled in that State;

b) when the presumed author is national of that state.

2. A state-Party may also establish its jurisdiction over any of these crimes when:

a) is committed by a stateless person whose habitual residence is in that state; or

b) is committed against a national of that state: or

c) is committed with the aim of obliging that State to commit or abstain from committing an action.

3. Every State-Party that has established the jurisdiction stated in paragraph 2 shall notify the Secretary-General of the United Nations. If that State-Party subsequently defeats such jurisdiction, it shall notify it to the Secretary-General of the United Nations.

4. Each State-Party shall adopt the necessary measures to establish its jurisdiction over the crimes set out in Article 9 in the case that the presumed author finds himself in his Territory and that that state does not grant his extradition, pursuant to the Article 15, to some of the States Parties that have established their jurisdiction in accordance with paragraphs 1 or 2.

5. This Convention shall not exclude any criminal jurisdiction exercised in accordance with the national legistion.

Article 11

Prevention of Crimes Against Personnel of the United Nations and Associate Staff

State-Parties cooperation in the prevention of crimes listed in Article 9, in particular:

a) by adopting all possible measures to prevent that these crimes are planned in their respective territories to be committed in or out of their territory, and

b) interchanging information in accordance with its national legislation and coordinating the adoption of the administrative and other reason that are proceeded to prevent that if commit these crimes.

Article 12

Information communication

1. Under the conditions laid down in its national legislation, the State-Party in whose territory one of the crimes set out in Article 9, if it has reason to believe that the presumed culprit has fled its territory, shall communicate to the Secretary-General of the United Nations and, directly or through the latter, to the State or States concerned, all relevant facts pertaining to the crime committed and all the information at its disposal on the identity of the presumed author.

2. When there has been one of the crimes listed in Article 9, every State-Party that has information about the victim and the circumstances of the crime will endeavor to communicate it complete and expeditifully, on the terms established by its legislation national, to the Secretary-General of the United Nations and to the States concerned.

Article 13

Measures Destined to Ensure the Judgment or Extradition

1. Where the circumstances so warrant, the State-Party in whose territory the presumed author shall adopt the relevant measures, provided for in its national legislation, to ensure the presence of the person concerned for the purposes of judgment or extradition.

2. The measures taken in accordance with paragraph 1 shall be notified as per the national legislation and without delay to the Secretary-General of the United Nations and, directly or through the Secretary-General:

a) to the State in whose territory the crime has been committed;

b) to the State or States of which it is national the presumed author or, if stateless, to the State in whose territory it has your habitual residence;

c) to the State or States of which it is national the victim;

d) to the remaining interested states.

Article 14

Judgment of the Presumed Guilty

The State-Party in whose territory the presumed author, if not granted extradition, will submit the case to the competent authorities, without any exception and without delay unjustified, for the exercise of criminal action in accordance with the procedure laid down by the legislation of the State. These authorities will take their decision under the same conditions as those applicable to the common crimes of serious character in accordance with the Right of that State.

Article 15

Extradition of the Presumed Authors

1. If the crimes listed in Article 9 do not contain the rol of those liable for extradition in a current extradition treaty between the States Parties, they shall be deemed to be such in that provision. The States Parties undertake to include them as such in every extradition treaty that they come to conclude with each other.

2. Every State-Party that suborders extradition to the existence of a treaty, if it receives extradition request from another State-Party with which it has no extradition treaty, may, at its discretion, consider the present Convention as a legal basis necessary for extradition in the case of these crimes. The extradition will be subject to the conditions laid down by the legislation of the requested State.

3. States Parties that do not subordinate extradition to the existence of a treaty will recognize that such crimes give way to extradition between them, guarded the subordination to the one established by the legislation of the requested State.

4. For the purpose of extradition between States Parties, it will be considered that such crimes were committed not only at the place where they were perpetrated but also on the territory of the States Parties to those who reference paragraphs 1 or 2 of Article 10.

Article 16

Mutual Assistance in Penal Matters

1. The States Parties shall provide all possible assistance with respect to the criminal procedures relating to the crimes listed in Article 9, in particular assistance to obtain all the evidence at their disposal that are necessary to the action. In all cases, the legislation of the requested State shall apply.

2. The provisions of paragraph 1 shall not affect the obligations arising from any other treaty with regard to mutual assistance in criminal matters.

Article 17

Impartial Treatment

1. Fair treatment will be guaranteed, impartial judgement and full protection of rights at all stages of investigations or procedure to persons on whom investigations or representations are being carried out regarding any of the crimes listed in Article 9.

2. Every presumed culprit will be entitled:

a) to communicate directly and without delay with the most next competent representative of the State or states of their nationality or which, for other reasons, has jurisdiction over the protection of their rights, or, if stateless, of the State requested by this person and who is willing to protect their rights.

b) to receive the visit of a representative of that state or states.

Article 18

Notification of the Result of Procedures

The State-Party in which a presumed guilty party will be judged will communicate the final outcome of the legal procedures to the Secretary-General of the United Nations, who shall transmit the information to the too many states-Parties.

Article 19

Diffusion

States Parties undertake to give this Convention the broadest possible diffusion and, in particular, to include their study, as well as that of the relevant provisions to the Law International Humanitarian, in its programs of military instruction.

Article 20

Clauses of Safeguard

Nothing of the willing in the present Convention will affect:

a) the applicability of International Humanitarian Law nor of universally recognized human rights standards as contained in international instruments concerning the protection of the operations of the United Nations and the personnel of the United Nations and associated personnel, nor to the responsibility of such personnel to respect that right and those standards;

b) the rights and obligations of states, in accordance with the Charter of the United Nations, with regard to consent for entry of persons into its territory;

c) the obligation of United Nations personnel and associated personnel of acting in accordance with the terms of the mandate of an operation of the United Nations;

d) the right of states that voluntarily cede to a United Nations operation to withdraw their personnel from such operations; or

e) the right to receive appropriate compensation in the case of demise, invalidity, accident or disease attributable to the peace keeping services provided by personnel voluntarily ceded by the States to operations of the United Nations.

Article 21

Right of Legitimate Defense

Nothing of the willing in this Convention will be interpreted to the detriment of the right to act in legitimate defense.

Article 22

Solution of Controversies

1. The controversies between two or more States-Parties concerning the interpretation or application of this Convention that cannot be resolved by negotiation shall be subject to arbitration at the request of one of the States. If within six months of the date of the solicitation of arbitration the parties cannot agree on the organization of this, any of the parties may refer the controversy to the International Court of Justice upon request presented in accordance with the Statute of the court.

2. Any State-Party, at the time of signature, ratification, acceptance or approval of this Convention or of its accession to it, may declare that it does not consider itself to be obliged by paragraph 1. The remaining States Parties shall not be obliged by the provisions of paragraph 1, or by the Party regarding any State Party-Party that has submitted such reservation.

3. Every State-Party that has formulated reservation provided for in paragraph 2 may withdraw it at any time by notification to the Secretary General of the United Nations.

Article 23

Meetings of Exam

The Secretary-General of the United Nations, at the request of one or more States-Parties and if approved by a a majority of the States-Parties, shall convene a meeting of the States Parties to examine the application of the Convention and any problems arising from its application.

Article 24

Signature

The present convention will be open for the signature of all States until December 31, 1995 at the headquarters of the United Nations in New York.

Article 25

Retification, Acceptance, and Approval

This Convention will be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited in power of the Secretary General of the United Nations.

Article 26

Accession

All states will be able to adhere to the present Convention. The instruments of accession shall be deposited in power of the Secretary-General of the United Nations.

Article 27

Input in Vigor

1. This Convention shall enter into force 30 after haves have been deposited in power of the Secretary-General of the United Nations 22 instruments of ratification, acceptance approval or accession.

2. For every state that ratifies, accepts or approves the Convention or comes to it after haining 22 instruments of ratification, acceptance, approval, or accession, the Convention shall enter into force on the thirtieth day after there is that State deposited its instrument of ratification, acceptance, approval or accession.

Article 28

Denpronunciation

1. The States Parties shall be able to denounce this Convention by written notification addressed to the Secretary-General.

2. The complaint shall take effect one year after the receipt of the notification by the Secretary-General of the United Nations.

Article 29

Authentic Texts

The original version of this Convention, whose texts in Arabic, Chinese, Spanish, French, English and Russian are equally authentic, will be deposited with the Secretary-General of the United Nations, who will send to all States certified copies of texts.

Feita in New York, in nine of December one thousand nine hundred and ninety-four.