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RS 0.351.5 Convention of 14 December 1973 on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents

Original Language Title: RS 0.351.5 Convention du 14 décembre 1973 sur la prévention et la répression des infractions contre les personnes jouissant d’une protection internationale, y compris les agents diplomatiques

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0.351.5

Original text

Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents

Conclue in New York on 14 December 1973

Approved by the Federal Assembly on November 29, 1984 1

Instrument of accession deposited by Switzerland on 5 March 1985

Entry into force for Switzerland on 4 April 1985

(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:

Art. 1

For the purposes of this Convention:

The term "person enjoying international protection" means:

(a)
Any head of state, including each member of a collegiate body fulfilling under the constitution of the State, the functions of Head of State; of any Head of Government or of any Minister for Foreign Affairs, when such A person is in a foreign state, as well as members of his or her accompanying family;
(b)
Any official, official or official of a State and any official, official or other official of an intergovernmental organization, who, on the date and place where an offence is committed against his or her person, Its official premises, private domicile or means of transport, is entitled in accordance with international law to special protection against any infringement of his person, liberty or dignity, as well as members of his family who are members His household;

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.

Art. 2

1. Intentional fact:

(a)
To commit murder, abduction or other attack against the person or freedom of an internationally protected person;
(b)
To commit, by means of violence, against the official premises, private accommodation or means of transport of a person enjoying international protection, an attack likely to endanger his person or his freedom;
(c)
Threaten to commit such an attack;
(d)
Attempt to commit such an attack; or
(e)
To participate as an accomplice in such an attack is considered by any State Party to be an offence under its domestic law.

(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.

Art. 3

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:

(a)
Where the offence is committed in the territory of that State or on board a ship or aircraft registered in that State;
(b)
Where the alleged offender has the nationality of that State;
(c)
Where the offence is committed against a person enjoying international protection within the meaning of Article 1, who enjoys that status in accordance with the functions performed by the person on behalf of that State.

(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.

Art. 4

The States Parties shall cooperate in the prevention of the offences provided for in Article 2, in particular:

(a)
Taking all possible measures to prevent the preparation, in their respective territories, of such offences intended to be committed within or outside their territory;
(b)
Exchanging information and coordinating administrative and other measures, where appropriate, to prevent the commission of such offences.
Art. 5

(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.

Art. 6

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:

(a)
The State in which the offence was committed;
(b)
To the State or States where the alleged perpetrator of the offence has the nationality or, if the latter is stateless, to the State in whose territory he permanently resides;
(c)
The State or States where the person enjoying international protection has the nationality or the name of which he or she carried out his or her duties;
(d)
To all other interested States; and
(e)
To the intergovernmental organization whose person with international protection is an official, an official person or an agent.

(2) Any person in respect of whom the measures referred to in paragraph 1 of this article are taken shall be entitled:

(a)
To communicate without delay with the competent representative closest to the State of which he is a national or who is otherwise entitled to protect his or her rights or, if the person is a stateless person, who is willing, on his or her request, to protect his or her Rights; and
(b)
To receive a visit from a representative of that State.
Art. 7

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.

Art. 8

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.

Art.

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.

Art. 10

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.

Art. 11

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.

Art. 12

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.

Art. 13

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.

Art. 14

This Convention shall be open for signature by all States, until 31 December 1974, at United Nations Headquarters in New York.

Art. 15

This Convention shall be ratified. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Art. 16

This Convention shall remain open for accession by any State. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Art. 17

(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.

Art. 18

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.

Art. 19

The Secretary-General of the United Nations shall notify all States, inter alia:

(a)
The signatures to this Convention and the deposit of instruments of ratification or accession in accordance with Articles 14, 15 and 16, as well as notifications made under Article 18.
(b)
The date on which this Convention enters into force, in accordance with Article 17.
Art.

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)

Scope of application February 18, 2015 3

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

*
Reservations and declarations.
**
Objections
Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A For the Kingdom in Europe.

Statement

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.


RO 1985 439; FF 1984 I 689


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)


Status on February 18, 2015