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RS 0.192.110.01 Convention of 9 December 1994 on the Safety of United Nations and Associated Personnel

Original Language Title: RS 0.192.110.01 Convention du 9 décembre 1994 sur la sécurité du personnel des Nations Unies et du personnel associé

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0.192.110.01

Original text

Convention on the Safety of United Nations and Associated Personnel

Complied in New York on 9 December 1994

Approved by the Federal Assembly on 22 June 2007 1

Instrument of ratification deposited by Switzerland on 9 November 2007

Entry into force for Switzerland on 9 December 2007

(Status on 4 March 2015)

The States Parties to this Convention,

Deeply concerned about the increasing number of deaths and injuries caused by deliberate attacks among United Nations and associated personnel;

Bearing in mind that attacks or other ill-treatment against personnel acting on behalf of the United Nations are unjustifiable and unacceptable, irrespective of the perpetrators;

Recognizing that United Nations operations are conducted in the collective interest of the international community and in accordance with the principles and purposes of the Charter of the United Nations 2 ;

Aware of the important contribution of United Nations staff and associated personnel to the efforts of the United Nations in the areas of preventive diplomacy, peacemaking, peacekeeping and peacebuilding, and Humanitarian and other operations;

Aware of the existing arrangements to ensure the safety of United Nations and associated personnel, including the measures taken in this regard by the principal organs of the United Nations;

Recognizing, however, that the measures currently in force for the protection of United Nations and associated personnel are insufficient;

Recognize that the effectiveness and security of United Nations operations are enhanced when such operations are conducted with the consent and cooperation of the host State;

Requesting all States in which United Nations and associated personnel are deployed and to all other States on which such personnel must be able to provide unqualified support in order to facilitate the conduct of the operations of the United Nations and the fulfilment of its mandate;

Convinced of the urgent need for appropriate and effective measures to prevent attacks against United Nations personnel and associated personnel, as well as for the punishment of perpetrators,

Have agreed The following :

Art. 1 Definitions

For the purposes of this Convention:

(a)
"United Nations staff" means:
(i)
Persons engaged or deployed by the Secretary-General of the United Nations as members of the military, police or civilian elements of a United Nations operation;
(ii)
Other officials and experts on mission of the United Nations or its specialized agencies or of the International Atomic Energy Agency who are present in an official capacity in the area where a United Nations operation Is conducted;
(b)
"Associated Personnel" means:
(i)
Persons affected by a government or intergovernmental organization with the agreement of the competent organ of the United Nations;
(ii)
Persons engaged by the Secretary-General of the United Nations, by a specialized agency or by the International Atomic Energy Agency; and
(iii)
Persons deployed by an organization or a non-governmental humanitarian institution pursuant to an agreement with the Secretary-General of the United Nations, a specialized agency or the International Agency for Atomic energy,
To carry out activities in support of the fulfilment of the mandate of a United Nations operation;
(c)
"United Nations Operation" means an operation established by the competent organ of the United Nations in accordance with the Charter of the United Nations and conducted under the authority and control of the United Nations:
(i)
Where the operation is intended to maintain or restore international peace and security, or
(ii)
When the Security Council or the General Assembly has declared for the purposes of this Convention that there is an exceptional risk to the safety of the personnel involved in the operation;
(d)
"Host State" means a State in whose territory a United Nations operation is carried out;
(e)
"Transit State" means a State, other than the host State, on whose territory United Nations personnel or associated personnel or their equipment are in transit or are temporarily present in the context of an operation of the United Nations United.
Art. 2 Scope of application

(1) This Convention shall apply to United Nations and associated personnel and to United Nations operations, in accordance with the definitions given in Art. 1.

2. This Convention shall not apply to a United Nations operation authorized by the Security Council as a coercive action under the Chap. VII of the Charter of the United Nations in which personnel are engaged as combatants against organized armed forces and to which the law of international armed conflicts applies.

Art. 3 Identification

1. The military and police elements of a United Nations operation and their vehicles, ships and aircraft bear a distinctive mark of identification. The remainder of the personnel and other vehicles, ships and aircraft used in the operation of the United Nations shall be marked appropriately unless otherwise decided by the Secretary-General of the United Nations United Nations.

2. Each member of the staff of the United Nations and associated personnel shall carry out appropriate identification documents.

Art. 4 Operation Status Agreements

The host State and the Organization shall conclude as soon as possible an agreement on the status of the operation and of all personnel involved in the operation, including provisions on the privileges and immunities of military and police elements Of the operation.

Art. 5 Transit

The transit State shall facilitate the free transit of United Nations and associated personnel and their equipment to and from the host State.

Art. 6 Compliance with Legislation and Regulations

(1) Without prejudice to the privileges and immunities they may enjoy or the requirements of their functions, United Nations personnel and associated personnel:

(a)
Comply with the laws and regulations of the host State and the transit State; and
(b)
Refrain from any action or activity incompatible with the impartiality and international character of their functions.

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

Art. 7 Ensuring the safety and security of United Nations and associated personnel

1. United Nations personnel and associated personnel, equipment and premises shall not be subject to any interference or action that prevents them from carrying out their mandate.

(2) States Parties shall take all appropriate measures to ensure the safety of United Nations and associated personnel. States Parties shall, inter alia, take all appropriate measures to protect United Nations personnel and associated personnel who are deployed in their territories for offences referred to in s. 9.

3. Each State Party shall cooperate with the United Nations and other States Parties, as appropriate, with a view to the implementation of this Convention, in particular in all cases where the host State is not itself able to take the Required measures.

Art. 8 Duty to release or return to the Organization United Nations personnel and associated personnel captured or detained

Unless otherwise provided for in any agreement on the status of forces, if United Nations personnel or associated personnel are captured or detained in the course of carrying out their duties and if their identity has been established, they shall Shall not be subjected to interrogation and shall be promptly released and returned to the United Nations or other appropriate authority. In the meantime, they must be treated in accordance with the universally accepted standards of human rights and the principles and spirit of the Geneva Conventions of 1949.

Art. Offences against United Nations and associated personnel

1. Intentional fact:

(a)
To commit murder or abduction or to carry any other offence against the person or liberty of a member of the United Nations or associated personnel;
(b)
To attack the official premises, the private home or the means of transport of a member of the United Nations or associated personnel with an attack accompanied by violence that would endanger the person or his or her freedom;
(c)
Threaten to commit such an infringement in order to compel a natural or legal person to perform any act or to refrain from doing so;
(d)
Attempt to carry such an infringement; and
(e)
To participate as an accomplice in such an attack or an attempt to commit such an infringement, or to organize or order the commission,

Is considered by each State party to be an offence under its own domestic law.

(2) Each State Party shall make the offences referred to in par. 1 subject to appropriate penalties taking into account the seriousness of such offences.

Art. 10 Jurisdiction

(1) Each State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing the offences referred to in s. 9 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.

2. A State Party may also establish its jurisdiction for the purpose of knowing any of these offences:

(a)
When committed by a stateless person who has his habitual residence in that State; or
(b)
Where the victim is a national of that State; or
(c)
When committed in order to compel the State to perform any act or to refrain from doing so.

(3) Any State Party which has established its jurisdiction for the cases referred to in s. 2 shall notify the Secretary-General of the United Nations. If that State Party subsequently renounces this competence, it shall notify it to the Secretary-General of the United Nations.

4. Each State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing the offences referred to in s. 9 in cases where the alleged offender is in his territory and where he does not extradite him in accordance with art. 15 to one of the States which have established their competence in accordance with paragraph 1 or 2.

5. This Convention does not exclude criminal jurisdiction exercised under domestic law.

Art. 11 Prevention of crimes against United Nations personnel and associated personnel

States Parties shall cooperate in the prevention of offences referred to in Art. 9, including:

(a)
Taking all possible measures to prevent the preparation in their respective territories of such offences intended to be committed within or outside their territories; and
(b)
By exchanging information in accordance with their national legislation and by coordinating administrative and other measures, where appropriate, to prevent the commission of such offences.
Art. 12 Exchange of information

1. Under the conditions set out in its domestic legislation, if it has reason to believe that the alleged perpetrator of an offence referred to in s. 9 has fled from its territory, the State Party in whose territory the offence was committed communicates to the Secretary-General of the United Nations and, directly or through the latter, to the State or States concerned, All relevant facts relating to the offence and any information available to it in respect of the identity of the alleged offender.

2. Where an offence under s. 9 has been committed, any State Party in possession of information concerning the victim and the circumstances of the offence shall endeavour, under the conditions laid down in its domestic law, to communicate them fully and promptly to the Secretary General of the United Nations and the State or States concerned.

Art. 13 Measures to enable prosecution or extradition

1. If it considers that the circumstances justify it, the State Party on whose territory the alleged offender is located shall take the necessary measures in accordance with its domestic law to ensure that the person concerned is present for the purpose Prosecution or extradition.

2. Measures taken pursuant to s. 1 shall be notified, in accordance with the domestic legislation and without delay, to the Secretary-General of the United Nations and either directly or through the latter:

(a)
To the State in whose territory the offence was committed;
(b)
To the State or States of which the alleged offender is a national or, if stateless, to the State in whose territory he has his habitual residence;
(c)
The State or States of which the victim is a national; and
(d)
To all other interested States.
Art. 14 Criminal action against alleged offenders

The State Party in whose territory the alleged offender is found, if it does not extradite the alleged offender, submits the case, without any exception and without undue delay, to its competent authorities for the exercise of the criminal action in accordance with a Procedure in accordance with its legislation. These authorities shall take their decision under the same conditions as for any infringement of a common law of a serious nature in accordance with the law of that State.

Art. 15 Extradition of Alleged Offences

1. If the offences referred to in s. 9 are not included as extraditable cases in an extradition treaty concluded between the States Parties, they shall be deemed to be included in this title. States Parties undertake to include such 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 receives a request for extradition by another State Party to which it is not bound by an extradition treaty, it shall have the right to consider this Convention as Constituting the legal basis for extradition in respect of such offences. Extradition shall be subject to the conditions laid down in the law of the requested State.

States Parties which do not make extradition conditional on the existence of a treaty shall recognise such offences as extraditable offences between them in accordance with the conditions laid down by the law of the requested State.

4. Between States Parties, each of these offences shall be considered for the purpose of extradition as having been committed, both at the place of its commission and in the territory of the States Parties which have established their jurisdiction in accordance with par. 1 or 2 of s. 10.

Art. 16 Mutual assistance in criminal matters

1. States Parties shall afford each other the widest measure of mutual assistance in connection with any criminal prosecution against offences referred to in s. 9, including with respect to the disclosure of all the evidence before them that are necessary for the prosecution. The law of the requested State shall apply in all cases.

2. The provisions of s. 1 does not affect the mutual assistance obligations arising from any other treaty.

Art. 17 Fair treatment

1. Any person who is the subject of an investigation or prosecution as a result of any of the offences described in s. 9 must receive fair treatment and trial and full protection of rights at all stages of the investigation or prosecution.

2. The alleged offender is entitled to:

(a)
To communicate without delay with the appropriate representative closest to the State or States of which he is a national or who is otherwise entitled to protect his rights or, if he is stateless, of the State which, at the request of the person concerned, is prepared to Protect its rights; and
(b)
To receive the visit of a representative of that State or of those States.
Art. 18 Notification of the outcome of the proceedings

The State Party in which the alleged perpetrator of an offence is prosecuted shall communicate the final result to the Secretary-General of the United Nations, who shall transmit the information to the other States Parties.

Art. 19 Dissemination

States Parties undertake to disseminate this Convention as widely as possible, including the inclusion of the study, as well as the relevant provisions of international humanitarian law, in their military training programmes.

Art. Backup Clauses

Nothing in this Convention shall affect:

(a)
The applicability of international humanitarian law and universally recognized human rights standards in international instruments with regard to the protection of United Nations operations, as well as the Staff of the United Nations and associated personnel, or the duty of such personnel to comply with the said right and standards;
(b)
The rights and obligations of States, in accordance with the Charter of the United Nations, with regard to consent to the entry of persons into their territory;
(c)
The obligation of United Nations and associated personnel to behave in a manner consistent with the mandate of a United Nations operation;
(d)
The right of States that voluntarily provide personnel for a United Nations operation to withdraw such personnel by terminating their participation in the operation; or
(e)
The right to appropriate compensation in the event of death, disability, accident or illness of persons voluntarily assigned by a State to a United Nations operation attributable to the performance of peacekeeping duties.
Art. Right of self-defence

Nothing in this Convention shall be construed as restricting the right of self-defence.

Art. Dispute Settlement

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 the Parties. If, within six months after the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, one 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 Party may, at the time of signing this Convention, ratify, accept, approve or accede to it, declare that it does not consider itself bound by all or part of the provisions of s. 1. The other States Parties shall not be bound by s. 1 or the relevant part of that paragraph towards a State Party which has made such a reservation.

(3) Any State Party which has made a reservation in accordance with the provisions of par. 2 may withdraw this reservation at any time by a notification addressed to the Secretary-General of the United Nations.

Art. Review Meetings

At the request of one or more States Parties, and with the approval of the majority of States Parties, the Secretary-General of the United Nations shall convene a meeting of States Parties to consider the implementation of the Convention And the problems encountered in its application.

Art. 24 Signature

This Convention shall be open for signature by all States until 31 December 1995 at United Nations Headquarters in New York.

Art. 25 Ratification, acceptance or approval

This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.

Art. 26 Accession

This Convention shall be open for accession by all States. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Art. 27 Entry into force

This Convention shall enter into force 30 days after the date of deposit with the Secretary-General of the United Nations of 22 instruments of ratification, acceptance, approval or accession.

2. For any State ratifying, accepting or approving the Convention or acceding thereto after the deposit of 22 E Instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on 30 E The date of the deposit by the said State of its instrument of ratification, acceptance, approval or accession.

Art. 28 Denunciation

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 one year after the date on which the Secretary-General of the United Nations receives such notification.

Art. Authentic texts

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 United Nations, who shall send certified copies thereof to the All states.

Done at New York, 9 December 1994.

(Suivent signatures)

Scope of application on 4 March 2015 3

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Entry into force

Albania

30 March

2001 A

29 April

2001

Germany *

22 April

1997

15 January

1999

Saudi Arabia *

22 March

2010 A

April 21

2010

Argentina

6 January

1997

15 January

1999

Australia

4 December

2000

3 January

2001

Austria

September 6

2000 A

6 October

2000

Azerbaijan

August 3

2000 A

2 September

2000

Bangladesh

22 September

1999

22 October

1999

Belarus

29 November

2000

29 December

2000

Belgium *

19 February

2002

21 March

2002

Bolivia

22 December

2004

21 January

2005

Bosnia and Herzegovina

August 11

2003 A

10 September

2003

Botswana

1 Er March

2000 A

March 31

2000

Brazil

September 6

2000

6 October

2000

Brunei

20 March

2002 A

19 April

2002

Bulgaria

4 June

1998 A

15 January

1999

Burkina Faso

27 October

2008 A

26 November

2008

Canada *

3 April

2002

3 May

2002

Chile

August 27

1997 A

15 January

1999

China *

22 September

2004 A

22 October

2004

Hong Kong

22 September

2004

22 October

2004

Macao

22 September

2004

22 October

2004

Cyprus * *

1 Er July

2003 A

July 31

2003

Korea (North) *

8 October

2003 A

7 November

2003

Korea (South)

8 December

1997 A

15 January

1999

Costa Rica *

17 October

2000 A

16 November

2000

Côte d' Ivoire

13 March

2002 A

12 April

2002

Croatia

March 27

2000 A

April 26

2000

Denmark

April 11

1995

15 January

1999

Ecuador

28 December

2000 A

27 January

2001

El Salvador *

25 June

2013 A

July 25

2013

Spain

13 January

1998

15 January

1999

Estonia *

8 March

2006 A

7 April

2006

Fiji

1 Er April

1999

1 Er May

1999

Finland

5 January

2001

4 February

2001

France

9 June

2000

July 9

2000

Greece * *

August 3

2000 A

2 September

2000

Guatemala

23 September

2008 A

23 October

2008

Guinea

7 September

2000 A

7 October

2000

Guyana

21 May

2004 A

20 June

2004

Hungary

July 13

1999 A

August 12

1999

Ireland

28 March

2002 A

April 27

2002

Iceland

10 May

2001 A

9 June

2001

Italy

5 April

1999

5 May

1999

Jamaica

8 September

2000 A

8 October

2000

Japan

6 June

1995

15 January

1999

Kenya

19 October

2004 A

18 November

2004

Kuwait *

19 July

2004 A

August 18

2004

Laos *

22 August

2002 A

21 September

2002

Lesotho

September 6

2000 A

6 October

2000

Lebanon

September 25

2003 A

25 October

2003

Liberia

22 September

2004 A

22 October

2004

Libya

22 September

2000 A

22 October

2000

Liechtenstein

11 December

2000

10 January

2001

Lithuania

8 September

2000 A

8 October

2000

Luxembourg

July 30

2001

29 August

2001

Macedonia

6 March

2002 A

5 April

2002

Malawi

7 October

2009 A

6 November

2009

Mali

2 January

2008 A

1 Er February

2008

Monaco

March 5

1999 A

April 4

1999

Mongolia

25 February

2004 A

26 March

2004

Montenegro

23 October

2006 S

3 June

2006

Nauru

12 November

2001 A

12 December

2001

Nepal *

8 September

2000 A

8 October

2000

Norway

3 July

1995

15 January

1999

New Zealand

16 December

1998

15 January

1999

Uzbekistan

3 July

1996 A

15 January

1999

Palestine

2 January

2015 A

1 Er February

2015

Panama

April 4

1996

15 January

1999

Paraguay

December 30

2008 A

29 January

2009

Netherlands * a

7 February

2002

March 9

2002

Aruba

7 February

2002

March 9

2002

Curaçao

7 February

2002

March 9

2002

Caribbean (Bonaire, Sint Eustatius and Saba)

7 February

2002

March 9

2002

Sint Maarten

7 February

2002

March 9

2002

Philippines

17 June

1997

15 January

1999

Poland

22 May

2000

21 June

2000

Portugal

14 October

1998

15 January

1999

Dominican Republic

March 16

2012 A

15 April

2012

Czech Republic

13 June

1997

15 January

1999

Romania

29 December

1997

15 January

1999

United Kingdom

6 May

1998

15 January

1999

Isle of Man

19 February

2013

21 March

2013

Russia

25 June

2001

July 25

2001

Samoa

19 August

2005

18 September

2005

Senegal

9 June

1999

July 9

1999

Serbia

July 31

2003 A

August 30

2003

Singapore

26 March

1996 A

15 January

1999

Slovakia *

26 June

1996

15 January

1999

Slovenia

21 January

2004 A

20 February

2004

Sri Lanka

23 September

2003 A

23 October

2003

Sweden

25 June

1996

15 January

1999

Switzerland

9 November

2007 A

9 December

2007

Togo

April 21

2008

21 May

2008

Tunisia *

12 September

2000

12 October

2000

Turkmenistan

29 September

1998 A

15 January

1999

Turkey *

August 9

2004 A

8 September

2004

Ukraine

August 17

1995

15 January

1999

Uruguay

3 September

1999

3 October

1999

*
Reservations and declarations.
**
Objections.
Reservations, declarations and objections 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.


RO 2007 6919 ; FF 2006 8431


1 RO 2007 6917
2 RS 0.120
3 RO 2007 6929 , 2009 3189, 2012 1553, 2015 827. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on 4 March 2015