on the Prevention and Punishment of Crimes Against Internationally Protected
Persons, 1035 U.N.T.S.
167, 13 I.L.M. 41, entered into force Feb. 20, 1977.
THE STATES PARTIES to this Convention,
Having in mind the purposes and
principles of the Charter of the United Nations concerning the maintenance of
international peace and the promotion of friendly relations and co-operation
Considering that crimes against
diplomatic agents and other internationally protected persons jeopardizing the
safety of these persons create a serious threat to the maintenance of normal
international relations which are necessary for co-operation among States,
Believing that the commission of
such crimes is a matter of grave concern to the international community,
Convinced that there is an urgent
need to adopt appropriate and effective measures for the prevention and punishment
of such crimes,
Have agreed as follows:
For the purposes of this Convention:
- "internationally protected person"
- a Head of State, including
any member of a collegial body performing the functions of a Head of State
under the constitution of the State concerned, a Head of Government or a
Minister for Foreign Affairs, whenever any such person is in a foreign State,
as well as members of his family who accompany him;
- any representative or official
of a State or any official or other agent of an international organization
of an intergovernmental character who, at the time when and in the place
where a crime against him, his official premises, his private accommodation
or his means of transport is committed, is entitled pursuant to international
law to special protection from any attack on his person, freedom or dignity,
as well as members of his family forming part of his household;
- "alleged offender" means a person
as to whom there is sufficient evidence to determine prima facie that he has
committed or participated in one or more of the crimes set forth in article
- The intentional commission of:
- a murder, kidnapping or other
attack upon the person or liberty of an internationally protected person;
- a violent attack upon the official
premises, the private accommodation or the means of transport of an internationally
protected person likely to endanger his person or liberty;
- a threat to commit any such
- an attempt to commit any such
- an act constituting participation
as an accomplice in any such attack shall be made by each State Party a
crime under its internal law.
- Each State Party shall make these
crimes punishable by appropriate penalties which take into account their grave
- Paragraphs 1 and 2 of this article
in no way derogate from the obligations of States Parties under international
law to take all appropriate measures to prevent other attacks on the person,
freedom or dignity of an internationally protected person.
- Each State Party shall take such
measures as may be necessary to establish its jurisdiction over the crimes
set forth in article 2 in the following cases:
- when the crime is committed
in the territory of that State or on board a ship or aircraft registered
in that State;
- when the alleged offender is
a national of that State;
- when the crime is committed
against an internationally protected person as defined in article 1 who
enjoys his status as such by virtue of functions which he exercises on behalf
of that State.
- Each State Party shall likewise
take such measures as may be necessary to establish its jurisdiction over
these crimes in cases where the alleged offender is present in its territory
and it does not extradite him pursuant to article 8 to any of the States mentioned
in paragraph 1 of this article.
- This Convention does not exclude
any criminal jurisdiction exercised in accordance with internal law.
States Parties shall co-operate
in the prevention of the crimes set forth in article 2, particularly by:
- taking all practicable measures
to prevent preparations in their respective territories for the commission
of those crimes within or outside their territories;
- exchanging information and co-ordinating
the taking of administrative and other measures as appropriate to prevent
the commission of those crimes.
- The State Party in which any
of the crimes set forth in article 2 has been committed shall, if it has reason
to believe that an alleged offender has fled from its territory, communicate
to all other States concerned, directly or through the Secretary-General of
the United Nations, all the pertinent facts regarding the crime committed
and all available information regarding the identity of the alleged offender.
- Whenever any of the crimes set
forth in article 2 has been committed against an internationally protected
person, any State Party which has information concerning the victim and the
circumstances of the crime shall endeavour to transmit it, under the conditions
provided for in its internal law, fully and promptly to the State Party on
whose behalf he was exercising his functions.
- Upon being satisfied that the
circumstances so warrant, the State Party in whose territory the alleged offender
is present shall take the appropriate measures under its internal law so as
to ensure his presence for the purpose of prosecution or extradition. Such
measures shall be notified without delay directly or through the Secretary-General
of the United Nations to:
- the State where the crime was
- the State or States of which
the alleged offender is a national or, if he is a stateless person, in whose
territory he permanently resides;
- the State or States of which
the internationally protected person concerned is a national or on whose
behalf he was exercising his functions;
- all other States concerned;
- the international organization
of which the internationally protected person concerned is an official or
- Any person regarding whom the
measures referred to in paragraph 1 of this article are being taken shall
- to communicate without delay
with the nearest appropriate representative of the State of which he is
a national or which is otherwise entitled to protect his rights or, if he
is a stateless person, which he requests and which is willing to protect
his rights, and
- to be visited by a representative
of that State.
The State Party in whose territory
the alleged offender is present shall, if it does not extradite him, submit,
without exception whatsoever and without undue delay, the case to its competent
authorities for the purpose of prosecution, through proceedings in accordance
with the laws of that State.
- To the extent that the crimes
set forth in article 2 are not listed as extraditable offences in any extradition
treaty existing between States Parties, they shall be deemed to be included
as such therein. States Parties undertake to include those crimes as extraditable
offences in every future extradition treaty to be concluded between them.
- If a State Party which makes
extradition conditional on the existence of a treaty receives a request for
extradition from another State Party with which it has no extradition treaty,
it may, if it decides to extradite, consider this Convention as the legal
basis for extradition in respect of those crimes. Extradition shall be subject
to the procedural provisions and the other conditions of the law of the requested
- States Parties which do not make
extradition conditional on the existence of a treaty shall recognize those
crimes as extraditable offences between themselves subject to the procedural
provisions and the other conditions of the law of the requested State.
- Each of the crimes shall be treated,
for the purpose of extradition between States Parties, as if it had been committed
not only in the place in which it occurred but also in the territories of
the States required to establish their jurisdiction in accordance with paragraph
1 of article 3.
Any person regarding whom proceedings
are being carried out in connexion with any of the crimes set forth in article
2 shall be guaranteed fair treatment at all stages of the proceedings.
- States Parties shall afford one
another the greatest measure of assistance in connexion with criminal proceedings
brought in respect of the crimes set forth in article 2, including the supply
of all evidence at their disposal necessary for the proceedings.
- The provisions of paragraph 1
of this article shall not affect obligations concerning mutual judicial assistance
embodied in any other treaty.
The State Party where an alleged
offender is prosecuted shall communicate the final outcome of the proceedings
to the Secretary-General of the United Nations, who shall transmit the information
to the other States Parties.
The provisions of this Convention
shall not affect the application of the Treaties on Asylum, in force at the
date of the adoption of this Convention, as between the States which are parties
to those Treaties; but a State Party to this Convention may not invoke those
Treaties with respect to another State Party to this Convention which is not
a party to those Treaties.
- Any dispute between two or more
States Parties concerning the interpretation or application of this Convention
which is not settled by negotiation shall, at the request of one of them,
be submitted to arbitration. If within six months from the date of the request
for arbitration the parties are unable to agree on the organization of the
arbitration, any one of those parties may refer the dispute to the International
Court of Justice by request in conformity with the Statute of the Court.
- Each State Party may at the time
of signature or ratification of this Convention or accession thereto declare
that it does not consider itself bound by paragraph 1 of this article. The
other States Parties shall not be bound by paragraph 1 of this article with
respect to any State Party which has made such a reservation.
- Any State Party which has made
a reservation in accordance with paragraph 2 of this article may at any time
withdraw that reservation by notification to the Secretary-General of the
This Convention shall be open for
signature by all States, until 31 December 1974 at United Nations Headquarters
in New York.
This Convention is subject to ratification.
The instruments of ratification shall be deposited with the Secretary-General
of the United Nations.
This Convention shall remain open
for accession by any State. The instruments of accession shall be deposited
with the Secretary- General of the United Nations.
- This Convention shall enter into
force on the thirtieth day following the date of deposit of the twenty-second
instrument of ratification or accession with the Secretary-General of the
- For each State ratifying or acceding
to the Convention after the deposit of the twenty-second instrument of ratification
or accession, the Convention shall enter into force on the thirtieth day after
deposit by such State of its instrument of ratification or accession.
- Any State Party may denounce
this Convention by written notification to the Secretary-General of the United
- Denunciation shall take effect
six months following the date on which notification is received by the Secretary-General
of the United Nations.
The Secretary-General of the United
Nations shall inform all States, inter alia:
- of signatures to this Convention,
of the deposit of instruments of ratification or accession in accordance with
articles 14, 15 and 16 and of notifications made under article 18.
- of the date on which this Convention
will enter into force in accordance with article 17.
The original of this Convention,
of which the 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.
IN WITNESS WHEREOF the undersigned,
being duly authorized thereto by their respective Governments, have signed this
Convention, opened for signature at New York on 14 December 1973.