Decree of the Ministry of Foreign Affairs No. 53 / 1974 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the Intimability of War Crimes and Crimes Against Humanity
Valid
Effective from 11.11.1970
53
DECLARATION
Minister for Foreign Affairs
of 5 March 1974
concerning the Convention on the impartiality of war crimes and crimes against humanity
On 26 November 1968, the Convention on the Intimacy of War Crimes and Crimes Against Humanity was adopted in New York.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in New York on 21 May 1969.
The President of the Republic ratified the Convention and the instrument of ratification was deposited with the Secretary-General of the United Nations on 13 August 1970.
The Convention entered into force on 11 November 1970 on the basis of Article VIII thereof and also entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
CONVENTION
on the impartiality of war crimes and crimes against humanity
Preamble
States Parties to this Convention,
Referring to United Nations General Assembly Resolution 3 (I) of 13 February 1946 and 170 (II) of 31 October 1947 on the extradition and punishment of war criminals, Resolution 95 (I) of 11 December 1946 confirming the principles of international law recognised by the Statute of the Nuremberg International Military Court of Justice and its judgment and Resolution 2184 (XXI) of 12 December 1966 and 2202 (XXI) of 16 December 1966, which expressly condemned as crimes against humanity in violation of the economic and political rights of the indigenous population, on the one hand, and the policies of apartheid, on the other,
Referring to United Nations Economic and Social Council Resolution 1074 D (XXXIX) of 28 July 1965 and 1158 (XLI) of 5 August 1966 on the punishment of war criminals and persons who have committed crimes against humanity,
Recalling that none of the solemn declarations, acts or conventions concerning the prosecution and punishment of war crimes and crimes against humanity contain a statute of limitations,
Judging that war crimes and crimes against humanity are among the most serious crimes in international law,
convinced that the effective punishment of war crimes and crimes against humanity is an important factor in preventing such crimes, protecting human rights and fundamental freedoms, strengthening confidence, developing cooperation between nations and promoting international peace and security,
Recalling that the application of internal law provisions on the limitation periods of ordinary crimes, also in cases of war crimes and crimes against humanity, is subject to serious concern from the world's public opinion as it prevents the prosecution and punishment of those responsible for those crimes,
Recognising that it is necessary and up to date in international law through this Convention to confirm the principle that there is no limitation period for war crimes and crimes against humanity and to ensure its universal application,
they have agreed as follows:
The limitation shall not apply to the following crimes, regardless of the time they are committed:
(a) war crimes as defined in the Statute of the Nuremberg International Military Court of 8 August 1945 and confirmed by United Nations General Assembly Resolutions 3 (I) of 13 February 1946 and 95 (I) of 11 December 1946, in particular "serious violations" listed in the Geneva Conventions of 12 August 1949 on the protection of victims of war;
(b) crimes against humanity, whether committed at the time of war or peace, as defined in the Statute of the Nuremberg International Military Court of 8 August 1945 and confirmed by United Nations General Assembly Resolutions 3 (I) of 13 February 1946 and 95 (I) of 11 December 1946, expulsion of population from the land held by armed assault or occupation, non-human acts resulting from the policies of the apartheid and the crime of genocide, as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocidium, even if those acts do not infringe the internal law of the country in which they were committed.
If any of the offences referred to in Article I are committed, the provisions of this Convention shall apply to representatives of State power and private persons who, as direct offenders or participants, are involved in or directly encourage others to commit any such crimes, or are associated with them, regardless of the degree of completion, and to representatives of State authority who tolerate them.
The Contracting States of this Convention shall undertake to take all necessary internal measures, legislative or other, in order to enable, in accordance with international law, the extradition of persons referred to in Article II of this Convention.
The States Parties undertake to take, in accordance with their constitutional procedures, all legislative or other measures necessary to ensure that the statute of limitations laid down by law or otherwise does not apply to the prosecution and punishment of the crimes referred to in Articles I and II of this Convention and that such limitation where it exists is abolished.
This Convention shall be open for signature by 31 December 1969 to all Member States of the United Nations or to the members of any of its expert organisations or of the International Atomic Energy Agency, to all States Parties to the Statute of the International Court of Justice and to all other States which have been invited by the General Assembly of the United Nations to become Parties to this Convention.
This Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
This Convention shall be open to access by any State referred to in Article V. The Charter of Access shall be deposited with the Secretary-General of the United Nations.
1. This Convention shall enter into force 90 days after the date of deposit of the tenth instrument of ratification or accession with the Secretary-General of the United Nations.
2. For each State which ratifies or accedes to this Convention after the deposit of the tenth instrument of ratification or accession, the Convention shall enter into force 90 days after the date of deposit of its instrument of ratification or accession.
1. On expiry of a period of 10 years from the date of entry into force of this Convention, any Contracting Party may at any time request the revision of the Convention by means of a written notification addressed to the Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide on the measures, if necessary, to be taken in respect of such a request.
This Convention shall be deposited with the Secretary-General of the United Nations.
2. The Secretary-General of the United Nations shall send certified copies of this Convention to all States referred to in Article V.
3. The Secretary-General of the United Nations shall inform all States referred to in Article In the following:
(a) the signature of this Convention and the deposit of instruments of ratification and accession under Articles V, VI and VII;
(b) the date of entry into force of this Convention in accordance with Article VIII;
(c) communications received pursuant to Article IX.
This Convention, the English, Chinese, French, Russian and Spanish texts of which are equally authentic, shall expire on 26 November 1968.
In order to prove the signature, duly authorised to do so, they have signed this Convention.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 53 / 1974 Coll., on the Convention on the Provost of War Crimes and Crimes Against Humanity |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.1974 |
|---|---|
| Effective from | 11.11.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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