Key Benefits:
Original text
(State on 18 February 2015)
The States Parties to this Convention,
Bearing in mind the purposes and principles of the Charter of the United Nations 2 Concerning the maintenance of international peace and the promotion of friendly relations and cooperation among States,
Whereas offences committed against diplomatic agents and other persons enjoying international protection, by compromising the security of such persons, create a serious threat to the maintenance of international relations Which are necessary for cooperation between States,
Considering that the commission of such offences is a cause of grave concern to the international community,
Convinced of the urgent need for appropriate and effective measures for the prevention and suppression of such offences,
Agreed to the following:
For the purposes of this Convention:
The term "person enjoying international protection" means:
2. The term "alleged offender" means any person against whom there is sufficient evidence to establish prima facie that the person has committed one or more of the offences set out in section 2 or has participated in it.
1. Intentional fact:
(2) Each State Party shall make such offences punishable by appropriate penalties which take into account their gravity.
(3) Paragraphs 1 and 2 of this article shall in no way prejudice the obligations under international law to the States Parties to take all appropriate measures to prevent further harm to the person, liberty or The dignity of an internationally protected person.
1. Each State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing the offences provided for in Article 2 in the following cases:
(2) Each State Party shall also take the necessary measures to establish its jurisdiction for the purpose of knowing such offences in the case where the alleged offender is on its territory and where it does not extradite him, in accordance with Article 8, to any of the States referred to in paragraph 1 of this Article.
(3) This Convention does not exclude criminal jurisdiction exercised under domestic law.
The States Parties shall cooperate in the prevention of the offences provided for in Article 2, in particular:
(1) The State Party in whose territory one or more of the offences provided for in article 2 has been committed, if it has reason to believe that an alleged offender has fled from its territory, communicates to all other States Directly or through the Secretary-General of the United Nations, all relevant facts concerning the offence committed and all the information before it concerning the identity of the alleged perpetrator of the The offence.
(2) Where one or more of the offences provided for in Article 2 have been committed against a person enjoying international protection, any State Party which has information concerning the victim as well as the circumstances of The offence shall endeavour to communicate them, in accordance with the conditions laid down in its domestic legislation, in good time and in complete form, to the State Party on whose behalf that person was performing his duties.
1. If it considers that the circumstances so warrant, the State Party on whose territory the alleged offender is located shall take the appropriate measures in accordance with its domestic law to ensure the presence of the alleged offender. The offence for the purpose of prosecution or extradition. Such measures shall be notified without delay directly or through the Secretary-General of the United Nations:
(2) Any person in respect of whom the measures referred to in paragraph 1 of this article are taken shall be entitled:
The State Party on whose territory the alleged perpetrator of the offence is located, if it does not extradite the offender, submits the case, without any exception and without undue delay, to its competent authorities for the exercise of criminal proceedings, Procedure in accordance with the law of that State.
In so far as the offences provided for in Article 2 do not appear on the list of extradition cases in an extradition treaty in force between the States Parties, they shall be considered to be included therein. States Parties undertake to understand these offences as extraditable offences in any extradition treaty to be concluded between them.
2. If a State Party which makes extradition conditional on the existence of a treaty is seized of a request for extradition by another State Party with which it is not bound by an extradition treaty, it may, if it decides to extradite, consider the present Convention as the legal basis for extradition in respect of such offences. Extradition shall be subject to the rules of procedure and other conditions laid down by the law of the requested State.
3. States Parties which do not make extradition conditional on the existence of a treaty recognising such offences as constituting extradition cases subject to the rules of procedure and other conditions provided for by the law of the State Required.
4. Between States Parties, these offences are considered for the purpose 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 3, paragraph 1.
Any person against whom proceedings are instituted on the basis of one of the offences provided for in Article 2 shall enjoy the guarantee of fair treatment at all stages of the proceedings.
1. States Parties shall afford the widest measure of mutual legal assistance in any criminal proceedings relating to the offences set out in Article 2, including the communication of all the evidence before them, and Which are necessary for the purposes of the procedure.
(2) The provisions of paragraph 1 of this article shall not affect the obligations relating to mutual legal assistance stipulated in any other treaty.
The State Party in which criminal proceedings have been instituted against the alleged offender shall communicate the final result to the Secretary-General of the United Nations, who shall inform the other States parties.
The provisions of this Convention shall not affect the application of the treaties on asylum, in force on the date of adoption of the said Convention, with regard to the States which are party to those treaties; but a State Party to the present Convention may not invoke those treaties in respect of another State Party to this Convention which is not a party to those treaties.
1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by negotiation shall be submitted to arbitration at the request of one of them. If, within six months after the date of the request for arbitration, the parties fail to agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice, in Filing a request in accordance with the Statute of the Court.
(2) Any State Party may, at the time of signing this Convention, ratify or accede to it, declare that it does not consider itself bound by the provisions of paragraph 1 of this article. The other States Parties shall not be bound by those provisions to a State Party which has formulated such a reservation.
(3) Any State Party which has made a reservation in accordance with the provisions of paragraph 2 of this article may at any time withdraw that reservation by a notification addressed to the Secretary-General of the United Nations.
This Convention shall be open for signature by all States, until 31 December 1974, at United Nations Headquarters in New York.
This Convention shall be ratified. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
This Convention shall remain open for accession by any State. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
(1) This Convention shall enter into force on the thirtieth day after 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 by that State of its instrument of Ratification or accession.
1. Any State Party may denounce this Convention by written notification addressed to the Secretary-General of the United Nations.
(2) Denunciation shall take effect six months after the date on which the notification has been received by the Secretary-General of the United Nations.
The Secretary-General of the United Nations shall notify all States, inter alia:
The original of this Convention, of which the English, Chinese, Spanish, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies thereof to all States.
In witness whereof, The undersigned, duly authorized by their respective Governments, have signed this Convention opened for signature in New York on 14 December 1973.
(Suivent signatures)
States Parties |
Ratification Accession (A) Statement of Succession (S) |
Entry into force |
||
Afghanistan |
24 September |
2003 A |
24 October |
2003 |
South Africa |
23 September |
2003 A |
23 October |
2003 |
Albania |
22 January |
2002 A |
21 February |
2002 |
Algeria * |
7 November |
2000 A |
7 December |
2000 |
Germany * ** |
25 January |
1977 |
24 February |
1977 |
Andorra * |
23 September |
2004 A |
23 October |
2004 |
Antigua and Barbuda |
19 July |
1993 A |
August 18 |
1993 |
Saudi Arabia * |
1 Er March |
2004 A |
March 31 |
2004 |
Argentina * |
18 March |
1982 A |
April 17 |
1982 |
Armenia |
18 May |
1994 A |
17 June |
1994 |
Australia |
20 June |
1977 |
July 20 |
1977 |
Austria |
August 3 |
1977 A |
2 September |
1977 |
Azerbaijan |
2 April |
2001 A |
2 May |
2001 |
Bahamas |
July 22 |
1986 A |
August 21 |
1986 |
Bahrain |
16 September |
2005 A |
October 16 |
2005 |
Bangladesh |
20 May |
2005 A |
19 June |
2005 |
Barbados |
26 October |
1979 A |
25 November |
1979 |
Belarus * |
5 February |
1976 |
20 February |
1977 |
Belgium |
19 May |
2004 A |
18 June |
2004 |
Belize |
14 November |
2001 A |
14 December |
2001 |
Benin |
July 31 |
2003 A |
August 30 |
2003 |
Bhutan |
16 January |
1989 A |
February 15 |
1989 |
Bolivia |
22 January |
2002 A |
21 February |
2002 |
Bosnia and Herzegovina |
1 Er September |
1993 S |
6 March |
1992 |
Botswana |
25 October |
2000 A |
24 November |
2000 |
Brazil * |
7 June |
1999 A |
7 July |
1999 |
Brunei |
13 November |
1997 A |
13 December |
1997 |
Bulgaria |
18 July |
1974 |
20 February |
1977 |
Burkina Faso |
1 Er October |
2003 A |
October 31 |
2003 |
Burundi * |
17 December |
1980 A |
16 January |
1981 |
Cambodia |
27 July |
2006 A |
26 August |
2006 |
Cameroon |
8 June |
1992 A |
July 8 |
1992 |
Canada * |
August 4 |
1976 |
20 February |
1977 |
Cape Verde |
10 September |
2002 A |
10 October |
2002 |
Chile |
21 January |
1977 A |
20 February |
1977 |
China * |
August 5 |
1987 |
4 September |
1987 |
Hong Kong |
6 June |
1997 |
1 Er July |
1997 |
Macao |
13 December |
1999 |
20 December |
1999 |
Cyprus |
24 December |
1975 A |
20 February |
1977 |
Colombia * |
16 January |
1996 A |
February 15 |
1996 |
Comoros |
September 25 |
2003 A |
25 October |
2003 |
Congo (Kinshasa) * |
July 25 |
1977 A |
August 24 |
1977 |
Korea (North) * |
1 Er December |
1982 A |
31 December |
1982 |
Korea (South) |
25 May |
1983 A |
24 June |
1983 |
Costa Rica |
2 November |
1977 A |
2 December |
1977 |
Côte d' Ivoire |
13 March |
2002 A |
12 April |
2002 |
Croatia |
12 October |
1992 S |
8 October |
1991 |
Cuba * |
10 June |
1998 A |
10 July |
1998 |
Denmark |
1 Er July |
1975 |
20 February |
1977 |
Djibouti |
1 Er June |
2004 A |
1 Er July |
2004 |
Dominica |
24 September |
2004 A |
24 October |
2004 |
Egypt |
25 June |
1986 A |
July 25 |
1986 |
El Salvador * |
8 August |
1980 A |
7 September |
1980 |
United Arab Emirates |
25 February |
2003 A |
March 27 |
2003 |
Ecuador |
12 March |
1975 |
20 February |
1977 |
Spain |
8 August |
1985 A |
7 September |
1985 |
Estonia |
21 October |
1991 A |
20 November |
1991 |
United States * |
26 October |
1976 |
20 February |
1977 |
Ethiopia * |
April 16 |
2003 A |
May 16 |
2003 |
Fiji |
15 May |
2008 A |
14 June |
2008 |
Finland * |
October 31 |
1978 |
30 November |
1978 |
France * |
26 August |
2003 A |
September 25 |
2003 |
Gabon |
14 October |
1981 A |
13 November |
1981 |
Georgia |
18 February |
2004 A |
19 March |
2004 |
Ghana * |
April 25 |
1975 A |
20 February |
1977 |
Greece |
3 July |
1984 A |
2 August |
1984 |
Grenada |
13 December |
2001 A |
12 January |
2002 |
Guatemala |
January 18 |
1983 |
17 February |
1983 |
Guinea |
22 December |
2004 A |
21 January |
2005 |
Guinea-Bissau |
August 6 |
2008 A |
September 5 |
2008 |
Equatorial Guinea |
7 February |
2003 A |
March 9 |
2003 |
Guyana |
12 September |
2007 A |
12 October |
2007 |
Haiti |
August 25 |
1980 A |
24 September |
1980 |
Honduras |
29 January |
2003 A |
28 February |
2003 |
Hungary |
26 March |
1975 |
20 February |
1977 |
Marshall Islands |
27 January |
2003 A |
26 February |
2003 |
India * |
April 11 |
1978 A |
11 May |
1978 |
Iran |
July 12 |
1978 A |
August 11 |
1978 |
Iraq * |
28 February |
1978 A |
30 March |
1978 |
Ireland |
30 June |
2005 A |
July 30 |
2005 |
Iceland |
2 August |
1977 |
1 Er September |
1977 |
Israel * ** |
July 31 |
1980 A |
August 30 |
1980 |
Italy * * |
August 30 |
1985 |
29 September |
1985 |
Jamaica * |
21 September |
1978 A |
21 October |
1978 |
Japan |
8 June |
1987 A |
July 8 |
1987 |
Jordan |
18 December |
1984 A |
17 January |
1985 |
Kazakhstan |
21 February |
1996 A |
22 March |
1996 |
Kenya |
16 November |
2001 A |
16 December |
2001 |
Kyrgyzstan |
2 October |
2003 A |
1 Er November |
2003 |
Kiribati |
September 15 |
2005 A |
15 October |
2005 |
Kuwait |
1 Er March |
1989 A |
March 31 |
1989 |
Laos * |
22 August |
2002 A |
21 September |
2002 |
Lesotho |
6 November |
2009 A |
6 December |
2009 |
Latvia |
April 14 |
1992 A |
14 May |
1992 |
Lebanon |
3 June |
1997 A |
3 July |
1997 |
Liberia |
September 30 |
1975 A |
20 February |
1977 |
Libya |
September 25 |
2000 A |
25 October |
2000 |
Liechtenstein * |
28 November |
1994 A |
28 December |
1994 |
Lithuania * |
23 October |
2002 A |
22 November |
2002 |
Luxembourg * |
10 May |
2006 A |
9 June |
2006 |
Macedonia |
12 March |
1998 S |
17 November |
1991 |
Madagascar |
24 September |
2003 A |
24 October |
2003 |
Malaysia * |
24 September |
2003 A |
24 October |
2003 |
Malawi * |
March 14 |
1977 A |
13 April |
1977 |
Maldives |
August 21 |
1990 A |
September 20 |
1990 |
Mali |
12 April |
2002 A |
12 May |
2002 |
Malta |
11 November |
2001 A |
11 December |
2001 |
Morocco |
9 January |
2002 A |
February 8 |
2002 |
Mauritius * |
24 September |
2003 A |
24 October |
2003 |
Mauritania |
February 9 |
1998 A |
March 11 |
1998 |
Mexico |
22 April |
1980 A |
22 May |
1980 |
Micronesia |
July 6 |
2004 A |
August 5 |
2004 |
Moldova |
8 September |
1997 A |
8 October |
1997 |
Monaco |
27 November |
2002 A |
27 December |
2002 |
Mongolia * |
8 August |
1975 |
20 February |
1977 |
Montenegro |
23 October |
2006 S |
3 June |
2006 |
Mozambique * |
14 January |
2003 A |
13 February |
2003 |
Myanmar * |
4 June |
2004 A |
4 July |
2004 |
Nauru |
2 August |
2005 A |
1 Er September |
2005 |
Nepal |
March 9 |
1990 A |
April 8 |
1990 |
Nicaragua |
10 March |
1975 |
20 February |
1977 |
Niger |
17 June |
1985 A |
17 July |
1985 |
Nigeria |
September 25 |
2012 A |
25 October |
2012 |
Niue |
22 June |
2009 A |
July 22 |
2009 |
Norway |
28 April |
1980 |
28 May |
1980 |
New Zealand * |
12 November |
1985 A |
12 December |
1985 |
Cook Islands |
12 November |
1985 A |
12 December |
1985 |
Oman |
22 March |
1988 A |
April 21 |
1988 |
Uganda |
5 November |
2003 A |
5 December |
2003 |
Uzbekistan |
19 January |
1998 A |
18 February |
1998 |
Pakistan * |
March 29 |
1976 A |
20 February |
1977 |
Palau |
14 November |
2001 A |
14 December |
2001 |
Palestine |
2 January |
2015 A |
1 Er February |
2015 |
Panama |
17 June |
1980 A |
17 July |
1980 |
Papua New Guinea |
September 30 |
2003 A |
30 October |
2003 |
Paraguay |
24 November |
1975 |
20 February |
1977 |
Netherlands * ** A |
6 December |
1988 A |
5 January |
1989 |
Aruba |
6 December |
1988 A |
5 January |
1989 |
Curaçao |
6 December |
1988 A |
5 January |
1989 |
Caribbean (Bonaire, Sint Eustatius and Saba) |
6 December |
1988 A |
5 January |
1989 |
Sint Maarten |
6 December |
1988 A |
5 January |
1989 |
Peru * |
April 25 |
1978 A |
25 May |
1978 |
Philippines |
26 November |
1976 A |
20 February |
1977 |
Poland |
14 December |
1982 |
13 January |
1983 |
Portugal * |
11 September |
1995 A |
11 October |
1995 |
Qatar |
3 March |
1997 A |
2 April |
1997 |
Central African Republic |
19 February |
2008 A |
20 March |
2008 |
Dominican Republic |
July 8 |
1977 A |
7 August |
1977 |
Czech Republic |
22 February |
1993 S |
1 Er January |
1993 |
Romania |
August 15 |
1978 |
September 14 |
1978 |
United Kingdom |
2 May |
1979 |
1 Er June |
1979 |
Akrotiri and Dhekelia |
2 May |
1979 |
1 Er June |
1979 |
Anguilla |
16 November |
1989 |
26 March |
1987 |
Bermuda |
2 May |
1979 |
1 Er June |
1979 |
Gibraltar |
2 May |
1979 |
1 Er June |
1979 |
Guernsey |
2 May |
1979 |
1 Er June |
1979 |
Isle of Man |
2 May |
1979 |
1 Er June |
1979 |
Cayman Islands |
2 May |
1979 |
1 Er June |
1979 |
Falkland Islands and Dependencies (South Georgia and South Sandwich Islands) |
2 May |
1979 |
1 Er June |
1979 |
Pitcairn Islands (Ducie, Oeno, Henderson and Pitcairn) |
2 May |
1979 |
1 Er June |
1979 |
Turks and Caicos Islands |
2 May |
1979 |
1 Er June |
1979 |
British Virgin Islands |
2 May |
1979 |
1 Er June |
1979 |
Jersey |
2 May |
1979 |
1 Er June |
1979 |
Montserrat |
2 May |
1979 |
1 Er June |
1979 |
St. Helena and Dependencies (Ascension and Tristan da Cunha) |
2 May |
1979 |
1 Er June |
1979 |
British Antarctic Territory |
2 May |
1979 |
1 Er June |
1979 |
British Indian Ocean Territory |
2 May |
1979 |
1 Er June |
1979 |
Russia |
15 January |
1976 |
20 February |
1977 |
Rwanda |
29 November |
1977 |
29 December |
1977 |
Saint Kitts and Nevis |
28 July |
2008 A |
August 27 |
2008 |
San Marino |
16 December |
2014 A |
15 January |
2015 |
Holy See * |
26 September |
2012 A |
26 October |
2012 |
Saint Vincent and the Grenadines * |
12 September |
2000 A |
12 October |
2000 |
Saint Lucia * |
12 November |
2012 A |
12 December |
2012 |
Sao Tome and Principe |
12 April |
2006 A |
12 May |
2006 |
Senegal |
7 April |
2006 A |
7 May |
2006 |
Serbia |
12 March |
2001 S |
April 27 |
1992 |
Seychelles |
29 May |
1980 A |
28 June |
1980 |
Sierra Leone |
26 September |
2003 A |
26 October |
2003 |
Singapore * |
2 May |
2008 A |
1 Er June |
2008 |
Slovakia |
28 May |
1993 S |
1 Er January |
1993 |
Slovenia |
July 6 |
1992 S |
25 June |
1991 |
Sudan |
10 October |
1994 A |
9 November |
1994 |
Sri Lanka |
February 27 |
1991 A |
March 29 |
1991 |
Sweden |
1 Er July |
1975 |
20 February |
1977 |
Switzerland * |
March 5 |
1985 A |
April 4 |
1985 |
Swaziland |
April 4 |
2003 A |
4 May |
2003 |
Syria * |
April 25 |
1988 A |
25 May |
1988 |
Tajikistan |
19 October |
2001 A |
18 November |
2001 |
Thailand * |
23 February |
2007 A |
25 March |
2007 |
Togo |
December 30 |
1980 A |
29 January |
1981 |
Tonga |
9 December |
2002 A |
8 January |
2003 |
Trinidad and Tobago * |
15 June |
1979 A |
July 15 |
1979 |
Tunisia * |
21 January |
1977 |
20 February |
1977 |
Turkmenistan |
25 June |
1999 A |
July 25 |
1999 |
Turkey |
11 June |
1981 A |
July 11 |
1981 |
Ukraine * |
20 January |
1976 |
20 February |
1977 |
Uruguay |
13 June |
1978 A |
July 13 |
1978 |
Venezuela * |
19 April |
2005 A |
19 May |
2005 |
Vietnam * |
2 May |
2002 A |
1 Er June |
2002 |
Yemen (Aden) * |
February 9 |
1987 A |
March 11 |
1987 |
|
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A For the Kingdom in Europe. |
Switzerland 4
The Swiss Federal Council interprets Articles 4 and 5 (1) of the Convention in the sense that Switzerland undertakes to fulfil the obligations contained in the conditions laid down in its domestic legislation.
1 RO 1985 438
2 RS 0.120
3 RO 1985 439, 1986 512, 1987 772, 1988 2076, 1990 1154, 2004 2985, 2005 4993, 2006 4205, 2008 621, 2009 3871, 2012 4205, 2015 683. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
4 Art. 1 al. 1 of the FY 29 Nov 1984 (RO 1985 438)