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RS 0.192.110.011 Optional Protocol of 8 December 2005 on the Convention on the Safety of United Nations and Associated Personnel

Original Language Title: RS 0.192.110.011 Protocole facultatif du 8 décembre 2005 relatif à la Convention sur la sécurité du personnel des Nations Unies et du personnel associé

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0.192.110.011

Original text

Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel

Conclu in New York on 8 December 2005

Approved by the Federal Assembly on 22 June 2007 1

Instrument of ratification deposited by Switzerland on 9 November 2007

Entered into force for Switzerland on 19 August 2010

(Status on 6 March 2015)

The States Parties to this Protocol,

Recalling the terms of the Convention on the Safety of United Nations and Associated Personnel 2 , made in New York on 9 December 1994;

Deeply concerned about the repeated attacks on United Nations personnel and associated personnel;

Conscious of the particular risks to which personnel involved in United Nations operations are exposed for the purpose of providing humanitarian or political assistance or development assistance as part of the consolidation of the Peace and emergency humanitarian assistance, the scope of the legal protection provided for by the Convention should be broadened;

Convinced of the need for an effective regime to bring to justice perpetrators of attacks against United Nations personnel and associated personnel involved in United Nations operations,

Agreed to the following:

Art. I Relationship between this Protocol and the Convention

This Protocol supplements the Convention on the Safety of United Nations and Associated Personnel, made in New York on 9 December 1994 (hereinafter referred to as " the Convention), and, between the Parties to this Protocol, the Convention and the The Protocol should be read and interpreted together as a single instrument.

Art. II Implementation of the Convention on United Nations Operations

1. In addition to the operations defined in para. C of art. 1 of the Convention, the Parties to this Protocol shall apply the Convention to all other United Nations operations established by a competent United Nations body, in accordance with the Charter of the United Nations 1 Under the authority and control of the United Nations for the purposes of:

(a)
To provide humanitarian or political assistance or development assistance in the context of peacebuilding; or
(b)
Provide emergency humanitarian assistance.

2. Le par. 1 does not apply to United Nations permanent offices, such as the Headquarters of the United Nations or the headquarters of its specialized agencies, established under an agreement with the United Nations.

(3) A host State may declare to the Secretary-General of the United Nations that it will not apply the provisions of this Protocol to an operation referred to in para. B at par. 1 of the art. It is for the sole purpose of reacting to a natural disaster. Such a declaration shall be made prior to the deployment of the operation.


Art. III Obligation of States Parties with regard to the application of Art. 8 of the Convention

The obligation of the States Parties to this Protocol in respect of the application of art. 8 of the Convention on United Nations Operations as defined in Art. II of this Protocol shall be without prejudice to their right to take measures in the exercise of their national jurisdiction in respect of any member of the staff of the United Nations or associated personnel who infringes their laws and regulations, provided that These measures do not violate any other of their international legal obligations.

Art. IV Signature

This Protocol shall be open for signature by all States at United Nations Headquarters during the twelve-month period from 16 January 2006 to 16 January 2007.

Art. V Consent to be bound

(1) This Protocol shall be subject to ratification, acceptance or approval by the signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.

2. After 16 January 2007, this Protocol shall be open for accession by any non-signatory State. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

3. Any State not party to the Convention may ratify, accept or approve this Protocol or accede to it, provided that it is ratified, accepted or approved at the same time the Convention, or acceding to it, in accordance with Art. 25 and 26 of this.

Art. VI Entry into force

(1) This Protocol shall enter into force thirty days after the date of deposit with the Secretary-General of the United Nations of twenty-two instruments of ratification, acceptance, approval or accession.

2. For any State ratifying, accepting or approving this Protocol, or acceding to this Protocol after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Protocol shall enter into force on the thirtieth day after Date of the deposit by the said State of its instrument of ratification, acceptance, approval or accession.

Art. VII Denunciation

(1) Any State Party may denounce this Protocol 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. VIII Authentic texts

The original of this Protocol, 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 all States.

Done at New York, 8 December 2005.

(Suivent signatures)

Scope of application on 6 March 2015 3

States Parties

Ratification Accession (A)

Entry into force

Germany

17 December

2007

19 August

2010

Austria

1 Er October

2007

19 August

2010

Azerbaijan

18 March

2010

19 August

2010

Belgium

3 October

2012

2 November

2012

Bosnia and Herzegovina

1 Er October

2009 A

19 August

2010

Botswana

13 June

2007 A

19 August

2010

Denmark

20 April

2011 A

20 May

2011

Spain

27 September

2007

19 August

2010

France

8 August

2008 A

19 August

2010

Guatemala

11 November

2008 A

19 August

2010

Jamaica

5 May

2009 A

19 August

2010

Kenya

12 January

2007

19 August

2010

Liechtenstein

4 May

2007

19 August

2010

Mali

5 November

2009

19 August

2010

Monaco

19 April

2007 A

19 August

2010

Norway

24 February

2006

19 August

2010

New Zealand

September 20

2011

20 October

2011

Palestine

2 January

2015 A

1 Er February

2015

Netherlands A

12 September

2007

19 August

2010

Poland

1 Er November

2010

1 Er December

2010

Dominican Republic

March 16

2012 A

15 April

2012

Czech Republic

23 September

2008

19 August

2010

United Kingdom

July 20

2010 A

19 August

2010

Isle of Man

19 February

2013 A

21 March

2013

Singapore

April 25

2011 A

25 May

2011

Slovakia

7 May

2007

19 August

2010

Slovenia

20 April

2009

19 August

2010

Sweden

August 30

2006

19 August

2010

Switzerland

9 November

2007

19 August

2010

Tunisia

31 January

2008

19 August

2010

A For the Kingdom in Europe.


RO 2010 3449 ; FF 2006 8431


1 RO 2007 6917
2 RS 0.192.110.01
3 RO 2010 3449 , 2012 4493, 2015 939. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on 6 March 2015