New York “Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons” of 1973
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1
Sovereign Law Series
New York “Convention on the Prevention and
Punishment of Crimes Against Internationally
Protected Persons” of 1973
Short-Form Reference:
1973 “Convention on Internationally Protected Persons”
In-Line Micro Reference:
1973 “Internationally Protected Persons”
Ratification / Registration:
UN-GA Res. 3166 Annex (XVIII) New York (14 Dec 1973)
© 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved.
The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of
works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All
unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit
infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense
punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).
2
Introductory Notes by the Independent Judiciary
Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:
Introduction & Index
Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).
Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.
Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.
Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]
3
Official Text of this Law Source as Ratified
Convention on the Prevention and Punishment of
Crimes Against Internationally Protected Persons
Preamble
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 cooperation among States;
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 cooperation
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:
Article 1
For the purposes of this Convention:
1.
"internationally protected person" means:
(a)
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;
4
(b)
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;
2.
"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 2.
Article 2
1.
The intentional commission of:
(a)
a murder, kidnapping or other attack upon the person or liberty of an
internationally protected person;
(b)
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;
(c)
a threat to commit any such attack;
(d)
an attempt to commit any such attack; and
(e)
an act constituting participation as an accomplice in any such attack shall
be made by each State Party a crime under its internal law.
2.
Each State Party shall make these crimes punishable by appropriate penalties
which take into account their grave nature.
3.
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.
5
Article 3
1.
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:
(a) when the crime is committed in the territory of that State or on board a
ship or aircraft registered in that State;
(b) when the alleged offender is a national of that State;
(c)
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.
2.
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.
3.
This Convention does not exclude any criminal jurisdiction exercised in
accordance with internal law.
Article 4
States Parties shall cooperate in the prevention of the crimes set forth in Article 2,
particularly by:
(a)
taking all practicable measures to prevent preparations in their respective
territories for the commission of those crimes within or outside their territories;
(b)
exchanging information and coordinating the taking of administrative and
other measures as appropriate to prevent the commission of those crimes.
Article 5
1.
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.
6
2.
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.
Article 6
1.
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:
(a)
the State where the crime was committed;
(b)
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;
(c)
the State or States of which the internationally protected person
concerned is a national or on whose behalf he was exercising his functions;
(d)
all other States concerned; and
(e)
the international organization of which the internationally protected
person concerned is an official or an agent.
2.
Any person regarding whom the measures referred to in paragraph 1 of this
Article are being taken shall be entitled:
(a)
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
(b)
to be visited by a representative of that State.
Article 7
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.
7
Article 8
1.
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.
2.
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 State.
3.
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.
4.
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.
Article 9
Any person regarding whom proceedings are being carried out in connection with any
of the crimes set forth in Article 2 shall be guaranteed fair treatment at all stages of
the proceedings.
Article 10
1.
States Parties shall afford one another the greatest measure of assistance in
connection 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.
2.
The provisions of paragraph 1 of this Article shall not affect obligations
concerning mutual judicial assistance embodied in any other treaty.
8
Article 11
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.
Article 12
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.
Article 13
1.
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.
2.
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.
3.
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 United Nations.
Article 14
This Convention shall be open for signature by all States, until 31 December 1974 at
United Nations Headquarters in New York.
Article 15
This Convention is subject to ratification. The instruments of ratification shall be
deposited with the Secretary-General of the United Nations.
9
Article 16
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.
Article 17
1.
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 United Nations.
2.
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.
Article 18
1.
Any State Party may denounce this Convention by written notification to the
Secretary-General of the United Nations.
2.
Denunciation shall take effect six months following the date on which
notification is received by the Secretary-General of the United Nations.
Article 19
The Secretary-General of the United Nations shall inform all States, inter alia:
(a)
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.
(b)
of the date on which this Convention will enter into force in accordance
with Article 17.
10
Article 20
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.
Sovereign Law Series
New York “Convention on the Prevention and
Punishment of Crimes Against Internationally
Protected Persons” of 1973
Short-Form Reference:
1973 “Convention on Internationally Protected Persons”
In-Line Micro Reference:
1973 “Internationally Protected Persons”
Ratification / Registration:
UN-GA Res. 3166 Annex (XVIII) New York (14 Dec 1973)
© 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved.
The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of
works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All
unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit
infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense
punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).
2
Introductory Notes by the Independent Judiciary
Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:
Introduction & Index
Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).
Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.
Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.
Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]
3
Official Text of this Law Source as Ratified
Convention on the Prevention and Punishment of
Crimes Against Internationally Protected Persons
Preamble
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 cooperation among States;
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 cooperation
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:
Article 1
For the purposes of this Convention:
1.
"internationally protected person" means:
(a)
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;
4
(b)
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;
2.
"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 2.
Article 2
1.
The intentional commission of:
(a)
a murder, kidnapping or other attack upon the person or liberty of an
internationally protected person;
(b)
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;
(c)
a threat to commit any such attack;
(d)
an attempt to commit any such attack; and
(e)
an act constituting participation as an accomplice in any such attack shall
be made by each State Party a crime under its internal law.
2.
Each State Party shall make these crimes punishable by appropriate penalties
which take into account their grave nature.
3.
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.
5
Article 3
1.
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:
(a) when the crime is committed in the territory of that State or on board a
ship or aircraft registered in that State;
(b) when the alleged offender is a national of that State;
(c)
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.
2.
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.
3.
This Convention does not exclude any criminal jurisdiction exercised in
accordance with internal law.
Article 4
States Parties shall cooperate in the prevention of the crimes set forth in Article 2,
particularly by:
(a)
taking all practicable measures to prevent preparations in their respective
territories for the commission of those crimes within or outside their territories;
(b)
exchanging information and coordinating the taking of administrative and
other measures as appropriate to prevent the commission of those crimes.
Article 5
1.
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.
6
2.
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.
Article 6
1.
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:
(a)
the State where the crime was committed;
(b)
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;
(c)
the State or States of which the internationally protected person
concerned is a national or on whose behalf he was exercising his functions;
(d)
all other States concerned; and
(e)
the international organization of which the internationally protected
person concerned is an official or an agent.
2.
Any person regarding whom the measures referred to in paragraph 1 of this
Article are being taken shall be entitled:
(a)
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
(b)
to be visited by a representative of that State.
Article 7
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.
7
Article 8
1.
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.
2.
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 State.
3.
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.
4.
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.
Article 9
Any person regarding whom proceedings are being carried out in connection with any
of the crimes set forth in Article 2 shall be guaranteed fair treatment at all stages of
the proceedings.
Article 10
1.
States Parties shall afford one another the greatest measure of assistance in
connection 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.
2.
The provisions of paragraph 1 of this Article shall not affect obligations
concerning mutual judicial assistance embodied in any other treaty.
8
Article 11
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.
Article 12
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.
Article 13
1.
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.
2.
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.
3.
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 United Nations.
Article 14
This Convention shall be open for signature by all States, until 31 December 1974 at
United Nations Headquarters in New York.
Article 15
This Convention is subject to ratification. The instruments of ratification shall be
deposited with the Secretary-General of the United Nations.
9
Article 16
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.
Article 17
1.
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 United Nations.
2.
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.
Article 18
1.
Any State Party may denounce this Convention by written notification to the
Secretary-General of the United Nations.
2.
Denunciation shall take effect six months following the date on which
notification is received by the Secretary-General of the United Nations.
Article 19
The Secretary-General of the United Nations shall inform all States, inter alia:
(a)
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.
(b)
of the date on which this Convention will enter into force in accordance
with Article 17.
10
Article 20
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.