Key Benefits:
Original text
(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 :
For the purposes of this Convention:
(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.
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.
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.
The transit State shall facilitate the free transit of United Nations and associated personnel and their equipment to and from the host State.
(1) Without prejudice to the privileges and immunities they may enjoy or the requirements of their functions, United Nations personnel and associated personnel:
2. The Secretary-General of the United Nations shall take all appropriate measures to ensure compliance with these obligations.
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.
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.
1. Intentional fact:
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.
(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:
2. A State Party may also establish its jurisdiction for the purpose of knowing any of these offences:
(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.
States Parties shall cooperate in the prevention of offences referred to in Art. 9, including:
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.
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:
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.
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.
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.
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:
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.
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.
Nothing in this Convention shall affect:
Nothing in this Convention shall be construed as restricting the right of self-defence.
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.
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.
This Convention shall be open for signature by all States until 31 December 1995 at United Nations Headquarters in New York.
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.
This Convention shall be open for accession by all States. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
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.
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.
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)
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 |
|
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A For the Kingdom in Europe. |
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).