Communication from the Ministry of Foreign Affairs No. 46 / 1999 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the United Nations Personnel Safety Convention and associated personnel
Valid
International Treaty
Effective from 15.01.1999
Text versions:
05.03.1999
46
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 9 December 1994, the Convention on the Safety of United Nations Personnel and Associated Personnel was adopted in New York.
On behalf of the Czech Republic, the Convention was signed in New York on 27 December 1995.
The Parliament of the Czech Republic gave its assent to the Convention and the President of the Republic ratified the Convention. The instrument of ratification of the Czech Republic was deposited with the Secretary-General of the United Nations, depositary of the Convention, on 13 June 1997.
The Convention entered into force on 15 January 1999 on the basis of Article 27 (1) and entered into force on that date for the Czech Republic.
The Czech translation of the Convention is being announced simultaneously. The English version of the Convention can be consulted at the Ministry of Foreign Affairs.
CONVENTION
on the security of United Nations personnel and associated personnel
States Parties to this Convention,
deeply concerned by the increasing number of deaths and injuries caused by deliberate attacks against United Nations personnel (UN) and associated personnel,
Observing that attacks against personnel acting on behalf of, or other ill-treatment of, the UN are unjustifiable and unacceptable, regardless of who is committing them,
recognising that UN operations are conducted in the common interest of the international community and in accordance with the principles and objectives of the UN Charter,
confirming the significant contribution of UN personnel and associated personnel to UN efforts in the field of preventive diplomacy, peacemaking, peacekeeping, peacebuilding and humanitarian operations,
Recognising the existing mechanisms for ensuring the safety of UN personnel and associated personnel, including actions taken in this respect by the main UN bodies,
recognising, however, that the existing measures for the protection of UN personnel and associated personnel are insufficient;
confirming that the effectiveness and security of UN operations is strengthened where such operations are conducted with the consent and cooperation of the host State,
calling on all States in which UN personnel and associated staff are deployed, as well as all other States in whose assistance they may need, to provide universal support to facilitate the conduct of UN operations and the fulfilment of their mandate,
convinced that appropriate and effective measures are urgently needed to prevent attacks against UN personnel and associated personnel and to punish those who committed such attacks;
agree on the following:
Definitions
For the purposes of this Convention:
(a) "UN staff" means:
(i) persons recruited or assigned by the UN Secretary-General as members of the military, police or civilian components of the UN operation;
(ii) Other UN officials or international expert organisations of the United Nations system or of the International Atomic Energy Agency, or experts assigned to them by mission, who are present in official capacity in the area where the UN operations are conducted;
(b) "associated staff" means:
(i) persons assigned by the Government of a State or an intergovernmental organisation with the agreement of the competent UN authority;
(ii) Persons recruited by the UN Secretary-General or by an international expert organisation of the United Nations system or by the International Atomic Energy Agency;
(iii) Persons assigned by a humanitarian non-governmental organisation or agency in agreement with the Secretary-General of the United Nations or with an international expert organisation of the United Nations system or the International Atomic Energy Agency,
in order to implement activities in support of the fulfilment of the mandate of the United Nations operation;
(c) "UN operation" shall mean an operation established by a competent UN authority in accordance with the UN Charter and under the authority and control of the UN:
(i) where such an operation is intended to maintain or restore international peace and security; or
(ii) where the Security Council or the General Assembly have declared for the purposes of this Convention that there is an exceptional threat to the security of personnel participating in the operation;
(d) "Host State" means the State in whose territory the UN operation is conducted;
(e) "Transit State" shall mean a State other than a host State, the territory of which is run by or accompanied by UN personnel and associated personnel, or is temporarily present in connection with the UN operation.
Scope
1. This Convention shall apply to UN personnel and associated personnel and to UN operations as defined in Article 1.
2. This Convention shall not apply to a UN operation conducted under the authority of the Security Council as a coercive action under Chapter VII of the UN Charter, involving members of staff as combatants against organised armed forces and subject to the law of international armed conflicts.
Identification
1. the military and police forces of the United Nations operation and their vehicles, vessels and aircraft shall bear a distinguishing mark. Other personnel, vehicles, vessels and aircraft participating in the UN operation shall bear the appropriate marking, unless otherwise decided by the Secretary-General of the United Nations.
All UN personnel and associated personnel shall bear appropriate identity documents.
Agreements on the status of an operation
The Host State and the UN shall enter into an agreement as soon as possible on the status of the UN operation and all personnel participating in the operation, including, inter alia, provisions on the privileges and immunities of the military and police components of the operation.
Transit
The transit State shall facilitate the uninterrupted transit of UN personnel and associated personnel and their equipment to and from the host State.
Respect for laws and regulations
1. Without prejudice to any privileges and immunities or claims arising from his duties, UN personnel and associated staff shall:
(a) comply with the laws and regulations of the host State and of the transit State; and
(b) refrain from actions or activities incompatible with the impartial and international nature of his duties.
2. The Secretary-General of the United Nations shall take all appropriate measures to ensure compliance with these obligations.
Obligation to ensure the safety and protection of UN personnel and associated personnel
1. UN personnel and associated personnel, equipment and objects shall not be targeted by an attack or any action to prevent the performance of their mandate.
2. The Parties shall take all appropriate measures to ensure the security and protection of UN personnel and associated personnel. In particular, the Parties shall take all appropriate steps to protect UN personnel and associated personnel deployed on their territory from the offences referred to in Article 9.
3. The Contracting Parties shall cooperate, as necessary, in the implementation of this Convention with the United Nations and other States Parties, in particular where the host State is unable to take the required measures itself.
Obligation to release or return captured or detained UN personnel or associated personnel
Unless otherwise provided in a valid agreement on the status of forces, UN personnel or associated personnel who will be captured or detained in the performance of their duties and who will be identified, shall not be subject to questioning and shall be immediately released or returned to UN or other competent authorities. Until his release, such personnel will be treated in accordance with generally accepted human rights standards and the principles and spirit of the 1949 Geneva Conventions.
Crimes against UN personnel and associated personnel
1. Intentionally committed:
(a) the murder, abduction or other attack against a person of a member of UN personnel or associated personnel or his freedom;
(b) a violent attack against official rooms, private homes or means of transport of a member of UN personnel or associated personnel who could endanger his or her person or freedom;
(c) the threat of such an attack in order to force a natural or legal person to act or refrain from acting;
(d) attempted such an attack; and
(e) an act constituting an accessory to such an attack or attempt to commit such an attack or to organise such an attack or to issue an order to commit such an attack to other persons;
Each Party shall be classified as a criminal offence under its national legislation.
2. Each Contracting Party shall determine adequate penalties for the offences referred to in paragraph 1, taking into account their serious nature.
Determination of jurisdiction
1. Each Contracting Party shall take the necessary measures to give jurisdiction to its courts in respect of the offences referred to in Article 9 in the following cases:
(a) where the offence is committed on the territory of that State or on board a ship or aircraft registered in that State;
(b) if the alleged offender is a national of that State.
2. The Contracting Party may also establish its jurisdiction over any such criminal offence committed:
(a) a homeless resident in that State; or
(b) in respect of a citizen of that State; or
(c) in an attempt to force this State to act or refrain from acting.
3. Each Contracting Party which has established its jurisdiction pursuant to paragraph 2 shall notify the Secretary-General of the UN. If that Contracting Party subsequently withdraws that jurisdiction, it shall notify the Secretary-General of the United Nations accordingly.
4. Each Contracting Party shall take the necessary measures to establish its jurisdiction over the offences referred to in Article 9 in cases where the alleged offender is located in its territory and is not issued in accordance with Article 15 by one of the Contracting Parties which has determined its jurisdiction in accordance with paragraph 1 or 2.
5. This Convention shall not exclude other criminal jurisdiction exercised in accordance with national law.
Prevention of crimes against UN personnel and associated personnel
The Parties shall cooperate, in particular, in preventing the offences referred to in Article 9:
(a) taking all practicable measures to prevent the introduction into their territory of preparations for committing such offences within or outside their territory; and
(b) exchange of information in accordance with their national law and coordination of the adoption of appropriate administrative and other measures to prevent such offences.
Communication of information
1. Subject to the conditions laid down in its national law, a Contracting Party within the territory of which the offence referred to in Article 9 has been committed and which has reason to believe that the alleged offender has escaped from its territory shall communicate to the Secretary-General of the United Nations, as well as to the State or States concerned, either directly or through the Secretary-General, all relevant facts relating to the offence committed and any available information concerning the identity of the suspected offender.
2. Where the offence referred to in Article 9 has been committed, the Contracting Party which has information relating to the victim and the circumstances of the offence shall make every effort to forward such information without delay and in full under the conditions laid down in national law to the Secretary-General of the United Nations and to the State or States concerned.
Measures to ensure prosecution or extradition
1. Where circumstances so require, the Contracting Party in whose territory the alleged offender is located shall take appropriate measures, in accordance with its national law, to ensure the presence of that person for the purpose of prosecution or extradition.
2. The measures adopted pursuant to paragraph 1 shall be notified without delay to the Secretary-General of the United Nations in accordance with national law and, directly or through the Secretary-General:
(a) the State where the offence was committed;
(b) the State (s) of which the alleged perpetrator is a national or, if that person is a homeless person in whose territory that person is resident;
(c) the State (s) of which the victim is a national; and
(d) other interested States.
Criminal prosecution of alleged perpetrators
The Contracting Party in whose territory the alleged offender is located, in the event that he does not extradite that person, shall transmit the case without any exception and without justification to its competent authorities for prosecution in accordance with its own legislation. These authorities will decide in the same way as in the case of a common serious crime under the legislature of that State.
Issue of suspected perpetrators
1. The offences referred to in Article 9 which are not covered by extradition agreements existing between the Contracting Parties as subject to extradition shall be considered as being integrated into such agreements. The Contracting Parties undertake to include such offences in any extradition agreement concluded between them.
2. Where a Contracting Party which binds extradition to the existence of a contract receives a request for extradition from another Contracting Party with which it does not have an extradition agreement, it may, at its discretion, consider this Convention as a legal basis for extradition taking account of such offences. The extradition shall be subject to the conditions laid down by the legislation of the requested State.
3. The Contracting Parties which do not bind extradition to the existence of a contract shall recognise among themselves such offences as those subject to extradition under the conditions laid down by the legislation of the requested State.
4. Each of these offences shall be considered, for the purposes of extradition between the Contracting Parties, as a crime committed not only in the place where it occurred, but also in the territories of the Contracting Parties which have established their jurisdiction in accordance with Article 10 (1) or (2).
Mutual assistance in criminal matters
1. The Parties shall assist each other as far as possible in connection with criminal proceedings initiated in relation to the offences referred to in Article 9, including in obtaining the evidence necessary for the proceedings at their disposal. In all cases, the legislation of the requested State shall apply.
2. The provisions of paragraph 1 shall be without prejudice to the obligations concerning mutual legal assistance laid down in any other contract.
Fair treatment
1. Any person who is under investigation or legal proceedings in respect of any of the offences referred to in Article 9 shall be guaranteed fair treatment, fair treatment and full protection of his rights at all stages of the investigation or trial.
2. The suspected offender shall be entitled:
(a) immediately contact the nearest appropriate representative of the State (s) of which he / she is a national or who are otherwise entitled to protect his / her rights or, if he / she is homeless, the State which, at the request of that person, is willing to protect his / her rights; and
(b) be visited by a representative of that State or those States.
Notification of the outcome of the procedure
The Contracting Party in which the alleged offender is prosecuted shall notify the final outcome of the proceedings to the UN Secretary-General, who shall transmit this information to the other Contracting Parties.
Dissemination of the Convention
The Contracting Parties undertake to disseminate this Convention as far as possible and in particular to include its study, as well as the study of the related provisions of international humanitarian law, in their military training programmes.
Insurance provisions
None of the provisions of this Convention shall affect:
(a) the validity of international humanitarian law and generally recognised human rights standards contained in international instruments in relation to the protection of UN operations and of UN personnel and associated personnel, or, as regards the responsibility of such personnel, to respect that right and standards;
(b) the rights and obligations of States in accordance with the UN Charter concerning the consent of persons to enter their territory;
(c) the obligation for UN personnel and associated personnel to act in accordance with the mandate of the UN operation;
(d) the right of States voluntarily sending personnel to a UN operation to withdraw such personnel from participation in that operation; or
(e) the right to adequate compensation due in the event of death, incapacity for work, injury or disease caused by a Peacekeeping service to persons voluntarily seconded by States to UN operations.
Right to self-defence
None of the provisions of this Convention will be interpreted as restricting the right to act in self-defence.
Dispute settlement
1. Any dispute between two or more Contracting Parties concerning the interpretation or implementation of this Convention which will not be settled by negotiation shall be referred to arbitration at the request of one of them. If the parties are unable to agree on the organisation of the arbitration procedure within six months of the date of the request for arbitration, either party may bring the dispute before the International Court of Justice by application of the law of the Court of Justice.
2. Each Contracting Party may, at the time of signature, ratification, acceptance or approval of this Convention, declare that it is not considered to be bound by all or part of paragraph 1. The other Contracting Parties shall not be bound by paragraph 1 or by its respective part in relation to any Contracting Party which has made such a reservation.
3. Any Contracting Party which has made a reservation pursuant to paragraph 2 may at any time withdraw that reservation by notifying the Secretary-General of the United Nations.
Revision Meeting
At the request of one or more Contracting Parties and with the agreement of a majority of the Contracting Parties, the Secretary-General of the United Nations shall convene a meeting of the Contracting Parties to review the implementation of this Convention and any problems arising from its application.
Signature
This Convention shall be open for signature to all States by 31 December 1995 at the UN headquarters in New York.
Ratification, acceptance or approval
This Convention shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.
Access
This Convention shall be open to access by each State. The instruments of access shall be deposited with the Secretary-General of the United Nations.
Entry into force
1. This Convention shall enter into force thirty days after the deposit of twenty-two instruments of ratification, acceptance, approval or accession with the Secretary-General of the United Nations.
2. For each State which ratifies, accepts, approves or accedes to this Convention after the deposit of the 22nd instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the 30th day following the deposit of its instrument of ratification, acceptance, approval or accession.
Termination
1. The Contracting Party may terminate this Convention by giving written notice to the Secretary-General of the United Nations.
2. The denunciation shall take effect one year after the date of receipt of such notification by the UN Secretary-General.
Authentic texts
The original of this Convention, the English, Arabic, Chinese, French, Russian and Spanish texts of which have the same plantation, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies to all States.
Dane in New York on the ninth day of December in the year of the thousand and ninety-nine.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 46 / 1999 Coll., on the negotiation of the Convention on the Safety of United Nations Personnel and Associated Personnel |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.03.1999 |
|---|---|
| Effective from | 15.01.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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