46/1999 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that on 9 April. December 1994 was in
New York City adopted the Convention on the safety of United Nations personnel
Nations and associated personnel.
On behalf of the United States, the Convention was signed in New York on 27.
December 1995.
With the Convention gave its assent, Parliament of the Czech Republic and the President of the
the Republic has ratified the Convention. The ratification instrument of the Czech Republic was
deposited with the Secretary-General of the United Nations, depositary of the
The Convention, 13 June 2005. June 1997.
Convention entered into force, pursuant to article 27, paragraph 1. 1 day 15.
on 1 January 1999 and that the date of entry into force for the Czech Republic.
Czech translation of the Convention shall be published at the same time. In the English text of the Convention
You can take a peek at the Ministry of Foreign Affairs.
CONVENTION
on the safety of United Nations personnel and the associated
staff
States that are parties to this Convention,
deeply concerned about the increasing number of deaths and injuries caused by
deliberate attacks against United Nations personnel (hereinafter referred to as
"The UNITED NATIONS") and associated personnel,
considering that the attacks against UNITED NATIONS staff acting on behalf of or
other bad handling are unjustifiable and unacceptable,
regardless of who commits them,
Recognizing that UNITED NATIONS operations are conducted in the common interest of the international
the community and in accordance with the principles and objectives of the Charter of the United Nations,
Reaffirming the significant contribution of the UNITED NATIONS staff and associated personnel
to the efforts of the UNITED NATIONS in the field of preventive diplomacy, peacemakingu,
peacekeepingu, peacebuildingu, and humanitarian and other operations,
conscious of the existing mechanisms to ensure the security of UNITED NATIONS personnel and
the associated personnel, including the steps taken in this direction
the main organs of the UNITED NATIONS,
Recognizing, however, that existing measures to protect UNITED NATIONS personnel and
the associated personnel are inadequate,
Affirming that the effectiveness and safety of UNITED NATIONS operations is strengthened, there
where such operations are conducted with the consent and cooperation of the host
State,
calling upon all States in which it is being distributed to UNITED NATIONS staff and
associated with the staff, and all others whose assistance will be
staff or need to provide all-round support to
to facilitate the operations of the UNITED NATIONS and the fulfilment of their mandate,
convinced of the urgent need to adopt appropriate and effective measures
to prevent against attacks against UNITED NATIONS personnel and associated
staff and for punishing those who have committed such attacks,
have agreed as follows:
Article 1
The definition of the
For the purposes of this Convention:
and "UNITED NATIONS Personnel") may refer to:
(i) persons hired or assigned by the Secretary-General of the United Nations as the members of the
military, police or civilian components of UNITED NATIONS operations;
(ii) other officials of the UNITED NATIONS or international professional organizations of
The United Nations or of the International Atomic Energy Agency or expert responsible for
Mission for them, who are present in the official function in the area where it is
guided by the UN operation;
(b)) "associated personnel" means:
(i) persons assigned by the Government of any State or intergovernmental organization
with the agreement of the competent authority of the United Nations;
(ii) the person hired by the Secretary-General of the United Nations or the international support center
organizations of the United Nations system or the International Atomic Energy Agency;
(iii) persons assigned to humanitarian non-governmental organizations or agencies after
in agreement with the Secretary-General of the United Nations or with international support center
organizations of the UN system, or with the International Atomic
energy,
for the purpose of carrying out activities in support of the fulfilment of the mandate of the UNITED NATIONS operations;
(c) "UNITED NATIONS Operation") indicates the operation established by the competent authority of the UNITED NATIONS in the
accordance with the Charter of the United Nations and guided by the power of and under the supervision of the UNITED NATIONS:
(i) where the purpose of such operations maintain or restore
international peace and security; or
(ii) where the Security Council or the General Assembly for the purposes of this
the Convention declared that there is an exceptional threat to the safety of personnel
participating in the operation;
(d)) "host State" means a State in whose territory the operation is conducted
The United Nations;
e) "transit State" means the State other than the host State
the territory of UNITED NATIONS and associated personnel pass through staff or prováženo
its equipment or is this staff or its equipment temporarily
present in connection with the operation of the UNITED NATIONS.
Article 2
The scope of the
1. this Convention shall apply to the staff of the UNITED NATIONS and associated personnel and the
the operation of the UNITED NATIONS pursuant to the definition in article 1.
2. this Convention does not apply to UNITED NATIONS-led operation under the authority of the Council
safety as law enforcement action under Chapter VII of the Charter of the UNITED NATIONS, on which the
participates in staff members as kombatanti against organised
the armed forces and covered by the law of international armed
conflicts.
Article 3
The identification of the
1. the military and police forces to UNITED NATIONS operations and their vehicles, vessels and
the aircraft will bear the distinguished designation. Other staff, vehicles,
vessels and aircraft involved in the operation of the UNITED NATIONS shall bear appropriate indications,
unless the UN Secretary General, otherwise.
2. all staff of the UNITED NATIONS and associated personnel shall be borne by the relevant documents
identity.
Article 4
The agreement on the status of the operation
The host State and the United Nations have reached an agreement as soon as possible on the Statute of the UNITED NATIONS operation
and all personnel participating in the operation, including, inter alia,
the provisions on privileges and immunities of military and police forces
operation.
Article 5
Transit
The transit State shall facilitate the unimpeded transit of UNITED NATIONS and associated personnel
personnel and equipment to and from the host State.
Article 6
Respect for laws and regulations
1. without prejudice to their privileges and immunities, if any, or claims
arising from its obligations, the UNITED NATIONS staff and associated personnel:
a) respect the laws and regulations of the host State or the transit State;
and
(b)) shall refrain from actions or activity incompatible with the impartial and
the international nature of their duties.
2. the Secretary-General of the UNITED NATIONS shall take all appropriate measures to ensure
compliance with these obligations.
Article 7
The obligation to ensure the safety and protection of UNITED NATIONS and associated personnel
staff
1. the Staff of the UNITED NATIONS and its associated personnel, equipment and objects
do not become a target of an attack or any action to prevent the exercise of their mandate.
2. the Contracting Parties shall take all appropriate measures to ensure
safety and protection of UNITED NATIONS personnel and associated personnel. The Contracting
in particular, the Parties shall take all appropriate steps to protect the staff
The United Nations and its associated personnel on their territory before no
the offences referred to in article 9.
3. the Contracting Parties shall, as appropriate, in the implementation of the Convention
to cooperate with the United Nations and the other States which are Contracting Parties, and
especially in the case where the host State is unable itself to take
the required measures.
Article 8
Duty to release or return UNITED NATIONS personnel captured or retained or
associated staff
If the status of forces agreement in force provide otherwise, the staff of the UNITED NATIONS or
associated with the staff that will be captured or detained in the performance of their
duties and will be determined by its identity, it will not be subjected to interrogation and
will be immediately released or returned to UNITED NATIONS or other appropriate authorities
authorities. His release will be with such personnel shall be treated in
accordance with generally accepted standards of human rights and the principles and
the spirit of the Geneva Conventions of 1949.
Article 9
Crimes against UNITED NATIONS personnel and associated personnel
1. the Intentional committing:
and murder, kidnapping) or other attack against person or member of staff of the UNITED NATIONS
the associated personnel or his freedom;
(b)) of the violent attack against offices, private homes or
means of transport staff member of the UNITED NATIONS or associated personnel,
that could endanger his person or liberty;
(c) the threat of such an attack) with the aim of forcing the natural or legal person
any act or desist some negotiations;
(d)) try to such an attack; and
e) aiding and abetting such an attack an Act representing or attempting to
committing such an attack or organizing such an attack or release
command to commit such an attack the other person,
Each Contracting Party will be classified as a criminal offence according to its
national legislation.
2. each Contracting Party shall provide for appropriate penalties for offences
referred to in paragraph 1, taking into account their serious nature.
Article 10
Determination of jurisdiction
1. each Contracting Party shall take the measures necessary to ensure that it was given
the competence of its courts in respect of the offences referred to in article 9,
the following cases:
and) if the offence is committed in the territory of that State or on board a ship
or an aircraft registered in that State;
(b)) if the alleged offender is a national of that State.
2. a Contracting Party may also establish its jurisdiction over any
in such a criminal offence committed:
and) homeless with permanent residence in this State; or
(b)) in relation to a citizen of that State; or
(c)) in an attempt to induce that State to act or to refrain from
some of the negotiations.
3. any Contracting Party which has established jurisdiction in accordance with paragraph
2 shall notify the Secretary-General of the United Nations. If the Contracting Party
Subsequently, this jurisdiction cancels, it shall notify to the Secretary-General of the UNITED NATIONS.
4. each Contracting Party shall take the necessary measures to establish its
jurisdiction over the offences referred to in article 9 in cases where the
the alleged perpetrator is situated in its territory and shall not be issued in accordance with the
Article 15 of some of the parties that have established their jurisdiction
in accordance with paragraph 1 or 2.
5. this Convention does not exclude any other criminal jurisdiction to be exercised in the
accordance with national law.
Article 11
Prevention of crimes against UNITED NATIONS personnel and associated personnel
The Contracting Parties shall cooperate in the prevention of offences referred to in
Article 9, in particular:
and by taking all feasible measures) in order to prevent the
their territories were conducted the preparation to commit such offences
on their territory or outside them; and
b) exchanging information in accordance with their national law and
coordinating the adoption of appropriate administrative and other measures to prevent
the perpetration of such crimes.
Article 12
Communication of information
1. under the conditions laid down in the national law of the Contracting Party,
on whose territory the crime was committed as referred to in article 9, and to
reason to assume that the alleged offender has fled from its territory, shall communicate to the
the Secretary-General of the United Nations and also the interested State or States,
either directly or through the Secretary-General, all
the relevant facts regarding the crime committed and all
available information relating to the identity of the alleged offender.
2. If the committed offence referred to in article 9, shall make the Contracting
a party which has information concerning the victim and circumstances of the
the crime scene, make every effort to promptly and in the completeness of the information
passed under the conditions laid down by national law, the
Secretary-General of the United Nations and the interested State or States.
Article 13
Measures to ensure prosecution or extradition
1. If the circumstances so Require, a Contracting Party in whose territory the
the offender is deemed, in accordance with its national law,
appropriate measures to ensure that person's presence for the purpose of
criminal prosecution or extradition.
2. the measures referred to in paragraph 1 shall be notified in accordance with
national law, without delay, to the Secretary-General of the United Nations and, directly
or through the Secretary General:
and) State in which the crime was committed;
(b)) the State or States whose national is the alleged perpetrator,
or, if the person is homeless, in whose territory that person has
permanent residence;
(c)) the State or States whose national is the victim; and
d) other interested countries.
Article 14
The prosecution of alleged offenders
The Contracting Party in whose territory the alleged offender is found, if,
that it does not extradite that person, shall transmit the case without any exceptions and unsubstantiated
delay to its competent authorities for prosecution in proceedings under the
own legislation. These authorities will make decisions in the same manner
as in the case of an ordinary offence of a serious nature under the
legislation of that State.
Article 15
Extradition of alleged offenders
1. The offences referred to in article 9, which are not included in the contracts
existing extradition between the Contracting Parties as criminal offences
subject to issuance, shall be considered as offences in those treaties as a
such incorporated. The Contracting Parties undertake to include such offences
among the crimes subject to extradition to any extradition treaty, which
among them will be closed.
2. If a Contracting Party, that the issue of the existence of a contract binds,
receives a request for extradition from another party with which it does not have an
Extradition Treaty, it may at its own discretion consider this Convention
as the legal basis for the issue with respect to these offences. Release
will be subject to the terms laid down by the legislation of the requested State.
3. the Contracting Parties which do not appreciate the issue of the existence of a treaty shall recognise the
between them these offences for crimes subject to extradition under the
conditions laid down by the legislation of the requested State.
4. Each of these crimes will be for the purposes of extradition between the Contracting
the parties considered the offence had been committed not only in the place where it
occurred, but also in the territories of Contracting Parties which have established their
jurisdiction in accordance with article 10, paragraph 1. 1 or 2.
Article 16
Mutual assistance in criminal matters
1. The Contracting Parties shall provide each other with assistance as far as possible in
connection with criminal proceedings brought in respect of the offences
referred to in article 9, including assistance in obtaining evidence necessary for the
the proceedings, which are available. In all cases, shall apply
the legislation of the requested State.
2. The provisions of paragraph 1 shall not affect obligations concerning mutual
legal aid laid down in any other agreement.
Article 17
Fair treatment
1. each person against whom it is conducted investigations or court proceedings in the
respect of any of the offences referred to in article 9,
guarantees fair treatment, a fair hearing and the full
protection of its rights at all stages of an investigation or proceeding.
2. The alleged offender will be entitled to:
and) immediately connect with the nearest appropriate representative of the State or States,
which is a national or which is otherwise entitled to protect
his rights, or if it is the homeless, the State, which is at the request of
This person willing to protect her rights; and
(b)) to be attended by representative of State or those States.
Article 18
Notification of the outcome of the proceedings
Contracting Party in which it is alleged the offender prosecuted shall notify final
the outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit this information to the
the other Contracting Parties.
Article 19
The Dissemination Of The Convention
The Contracting Parties undertake to disseminate this Convention as much
and, in particular, to the extent that her study, as well as the study of the related
the provisions of international humanitarian law, include in their programs
military preparations.
Article 20
Insurance provisions
None of the provisions of this Convention does not affect:
and) the validity of international humanitarian law and universally recognized
the human rights standards contained in the international instruments in
relation to the protection of UNITED NATIONS operations and UNITED NATIONS and associated personnel,
or in terms of the responsibility of such personnel observe this law and
standards;
b) rights and obligations of States in accordance with the Charter of the UNITED NATIONS relating to the
consent to entry of persons on their territory;
(c) the obligation of the UNITED NATIONS and staff) of the associated personnel to act in accordance with the
the mandate of the UNITED NATIONS operations;
(d)) the right of Nations voluntarily sending staff to the UN operations download
This staff from participating in this operation; or
(e)) the right to reasonable compensation payable in the event of death, the working
incompetence, injury or illness caused by the service within
peacekeepingu persons voluntarily posted States in UNITED NATIONS operations.
Article 21
Right to self-defense
None of the provisions of this Convention shall be construed as restricting the right
to act in self-defense.
Article 22
Resolution of disputes
1. any dispute between two or more Contracting Parties concerning the
the interpretation or application of this Convention which is not settled by negotiation, it will be
at the request of one of them referred to arbitration. If the parties are not
Unable to agree on the Organization of the arbitration, within six months from the date
the date of the request for arbitration, any of those parties may refer the
the dispute to International Court of Justice plea to administration in accordance with the
The Statute Of The Court.
2. each Contracting Party may, when signing, ratifying, accepting or
approval of this Convention or accession thereto, declare that it does not consider
coupled with the entire paragraph 1 or its parts. The other Contracting Parties
will not be bound by paragraph 1 or the relevant parts in relation to the
any Contracting Party which has made such a reservation.
3. any Contracting Party which has made a reservation in accordance with paragraph 2,
may at any time withdraw such reservation by notifying the Secretary-General of the
Of the UNITED NATIONS.
Article 23
The review meeting of the
At the request of one or several Contracting Parties and with the consent of the majority of
the Contracting Parties shall be convened by the UN Secretary General to the meeting of the parties
review of the implementation of this Convention, and any problems arising from
its application.
Article 24
The signature of the
This Convention shall be open for signature by all States until 31 December 2006. in 1995
the headquarters of the United Nations in New York.
Article 25
Ratification, acceptance or approval
This Convention is subject to ratification, acceptance or approval. The instrument of
ratification, acceptance or approval shall be deposited with the
Secretary-General of the United Nations.
Article 26
Access
This Convention shall be open for accession by any State. The instrument of accession
shall be deposited with the Secretary-General of the United Nations.
Article 27
Entry into force
1. this Convention shall enter into force thirty days after the date when they will be stored
Twenty-two instruments of ratification, acceptance, approval or accession with the
the Secretary-General of the United Nations.
2. for each State which ratifies this Convention, accepts, approves or
it after you save the twenty-second instrument of ratification, acceptance,
approval or accession, this Convention shall enter into force on the thirtieth day
After the deposit of its instrument of ratification, acceptance, approval or accession.
Article 28
Notice of termination
1. A Contracting Party may denounce this Convention by written notification to
the Secretary-General of the United Nations.
2. Notice of termination will become effective one year after the date of receipt of this notification
the Secretary-General of the United Nations.
Article 29
Authentic texts
The original copy of this Convention, of which the English, Arabic, Chinese,
French, Russian and Spanish text have the same authentic, shall be deposited with
the Secretary-General of the United Nations, who shall send certified copies to all the States.
Done at New York on the ninth day of the month of December in the year one thousand devítistého
ninetieth in the fourth.
