The General Assembly,
Considering that the codification and progressive development
of international law contributes to the implementation of the
purposes and principles set forth in Articles 1 and 2 of the Charter
of the United Nations,
Gravely concerned at the increasing number of attacks on
United Nations and associated personnel that have caused death
or serious injury,
Bearing in mind that United Nations operations may be conducted
in situations that entail risk to the safety of United Nations
and associated personnel,
Recognizing the need to strengthen and to keep under review
arrangements for the protection of United Nations and associated
personnel,
Recalling its resolution 48/37 of 9 December 1993, by which
it established the Ad Hoc Committee on the Elaboration of an International
Convention Dealing with the Safety and Security of United Nations
and Associated Personnel, with particular reference to responsibility
for attacks on such personnel,
Taking into account the report of the Ad Hoc Committee,
in particular the revised negotiating text resulting from the
work of the Ad Hoc Committee,
Recalling its decision, in accordance with the recommendation
of the Ad Hoc Committee, to re-establish, at its current session,
a working group within the framework of the Sixth Committee to
continue consideration of the revised negotiating text and of
proposals relating thereto,
Having considered the text of the draft convention prepared
by the working group and submitted to the Sixth Committee for
consideration with a view to its adoption,
1. Adopts and opens for signature and ratification, acceptance
or approval, or for accession, the Convention on the Safety of
United Nations and Associated Personnel, the text of which is
annexed to the present resolution;
2. Urges States to take all appropriate measures to ensure
the safety and security of United Nations and associated personnel
within their territory;
3. Recommends that the safety and security of United Nations
and associated personnel be kept under continuing review by all
relevant bodies of the Organization;
4. Underlines the importance it attaches to the speedy
conclusion of a comprehensive review of arrangements for compensation
for death, disability, injury or illness attributable to peace-keeping
service, with a view to developing equitable and appropriate arrangements
and to ensuring expeditious reimbursement.
84th plenary meeting
9 December 1994
The States Parties to this Convention,
Deeply concerned over the growing number of deaths and injuries
resulting from deliberate attacks against United Nations and associated
personnel,
Bearing in mind that attacks against, or other mistreatment
of, personnel who act on behalf of the United Nations are unjustifiable
and unacceptable, by whomsoever committed,
Recognizing that United Nations operations are conducted
in the common interest of the international community and in accordance
with the principles and purposes of the Charter of the United
Nations,
Acknowledging the important contribution that United Nations
and associated personnel make in respect of United Nations efforts
in the fields of preventive diplomacy, peacemaking, peace-keeping,
peace-building and humanitarian and other operations,
Conscious of the existing arrangements for ensuring the
safety of United Nations and associated personnel, including the
steps taken by the principal organs of the United Nations, in
this regard,
Recognizing none the less that existing measures of protection
for United Nations and associated personnel are inadequate,
Acknowledging that the effectiveness and safety of United
Nations operations are enhanced where such operations are conducted
with the consent and cooperation of the host State,
Appealing to all States in which United Nations and associated
personnel are deployed and to all others on whom such personnel
may rely, to provide comprehensive support aimed at facilitating
the conduct and fulfilling the mandate of United Nations operations,
Convinced that there is an urgent need to adopt appropriate
and effective measures for the prevention of attacks committed
against United Nations and associated personnel and for the punishment
of those who have committed such attacks,
Have agreed as follows:
For the purposes of this Convention:
(a) "United Nations personnel" means:
(i) Persons engaged or deployed by the Secretary-General of the United Nations as members of the military, police or civilian components of a United Nations operation;
(ii) Other officials and experts on mission of the United Nations or its specialized agencies or the International Atomic Energy Agency who are present in an official capacity in the area where a United Nations operation is being conducted;(b) "Associated personnel" means:
(i) Persons assigned by a Government or an intergovernmental organization with the agreement of the competent organ of the United Nations;
(ii) Persons engaged by the Secretary-General of the United Nations or by a specialized agency or by the International Atomic Energy Agency;
(iii) Persons deployed by a humanitarian non-governmental organization or agency under an agreement with the Secretary-General of the United Nations or with a specialized agency or with the International Atomic Energy Agency, to carry out activities in support of the fulfilment of the mandate of a United Nations operation;(c) "United Nations operation" means an operation established by the competent organ of the United Nations in accordance with the Charter of the United Nations and conducted under United Nations authority and control:
(i) Where the operation is for the purpose of maintaining or restoring international peace and security; or
(ii) Where the Security Council or the General Assembly has declared, for the purposes of this Convention, that there exists an exceptional risk to the safety of the personnel participating in the operation;(d) "Host State" means a State in whose territory a United Nations operation is conducted;
(e) "Transit State" means a State, other than the host State, in whose territory United Nations and associated personnel or their equipment are in transit or temporarily present in connection with a United Nations operation.
1. This Convention applies in respect of United Nations and
associated personnel and United Nations operations, as defined
in article 1.
2. This Convention shall not apply to a United Nations operation
authorized by the Security Council as an enforcement action under
Chapter VII of the Charter of the United Nations in which any
of the personnel are engaged as combatants against organized armed
forces and to which the law of international armed conflict applies.
1. The military and police components of a United Nations operation
and their vehicles, vessels and aircraft shall bear distinctive
identification. Other personnel, vehicles, vessels and aircraft
involved in the United Nations operation shall be appropriately
identified unless otherwise decided by the Secretary-General of
the United Nations.
2. All United Nations and associated personnel shall carry appropriate
identification documents.
The host State and the United Nations shall conclude as soon
as possible an agreement on the status of the United Nations operation
and all personnel engaged in the operation including, inter alia,
provisions on privileges and immunities for military and police
components of the operation.
A transit State shall facilitate the unimpeded transit of United
Nations and associated personnel and their equipment to and from
the host State.
1. Without prejudice to such privileges and immunities as they may enjoy or to the requirements of their duties, United Nations and associated personnel shall:
(a) Respect the laws and regulations of the host State and the transit State; and
(b) Refrain from any action or activity incompatible with the impartial and international nature of their duties.
2. The Secretary-General of the United Nations shall take all
appropriate measures to ensure the observance of these obligations.
1. United Nations and associated personnel, their equipment
and premises shall not be made the object of attack or of any
action that prevents them from discharging their mandate.
2. States Parties shall take all appropriate measures to ensure
the safety and security of United Nations and associated personnel.
In particular, States Parties shall take all appropriate steps
to protect United Nations and associated personnel who are deployed
in their territory from the crimes set out in article 9.
3. States Parties shall cooperate with the United Nations and
other States Parties, as appropriate, in the implementation of
this Convention, particularly in any case where the host State
is unable itself to take the required measures.
Except as otherwise provided in an applicable status-of-forces
agreement, if United Nations or associated personnel are captured
or detained in the course of the performance of their duties and
their identification has been established, they shall not be subjected
to interrogation and they shall be promptly released and returned
to United Nations or other appropriate authorities. Pending their
release such personnel shall be treated in accordance with universally
recognized standards of human rights and the principles and spirit
of the Geneva Conventions of 1949.
1. The intentional commission of:
(a) A murder, kidnapping or other attack upon the person or liberty of any United Nations or associated personnel;
(b) A violent attack upon the official premises, the private accommodation or the means of transportation of any United Nations or associated personnel likely to endanger his or her person or liberty;
(c) A threat to commit any such attack with the objective of compelling a physical or juridical person to do or to refrain from doing any act;
(d) An attempt to commit any such attack; and
(e) An act constituting participation as an accomplice in any such attack, or in an attempt to commit such attack, or in organizing or ordering others to commit such attack, shall be made by each State Party a crime under its national law.
2. Each State Party shall make the crimes set out in paragraph
1 punishable by appropriate penalties which shall take into account
their grave nature.
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set out in article 9 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.
2. A State Party may also establish its jurisdiction over any such crime when it is committed:
(a) By a stateless person whose habitual residence is in that State; or
(b) With respect to a national of that State; or
(c) In an attempt to compel that State to do or to abstain from doing any act.
3. Any State Party which has established jurisdiction as mentioned
in paragraph 2 shall notify the Secretary-General of the United
Nations. If such State Party subsequently rescinds that jurisdiction,
it shall notify the Secretary-General of the United Nations.
4. Each State Party shall take such measures as may be necessary
to establish its jurisdiction over the crimes set out in article
9 in cases where the alleged offender is present in its territory
and it does not extradite such person pursuant to article 15 to
any of the States Parties which have established their jurisdiction
in accordance with paragraph 1 or 2.
5. This Convention does not exclude any criminal jurisdiction
exercised in accordance with national law.
States Parties shall cooperate in the prevention of the crimes set out in article 9, 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; and
(b) Exchanging information in accordance with their national law and coordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes.
1. Under the conditions provided for in its national law, the
State Party in whose territory a crime set out in article 9 has
been committed shall, if it has reason to believe that an alleged
offender has fled from its territory, communicate to the Secretary-General
of the United Nations and, directly or through the Secretary-General,
to the State or States concerned all the pertinent facts regarding
the crime committed and all available information regarding the
identity of the alleged offender.
2. Whenever a crime set out in article 9 has been committed, any
State Party which has information concerning the victim and circumstances
of the crime shall endeavour to transmit such information, under
the conditions provided for in its national law, fully and promptly
to the Secretary-General of the United Nations and the State or
States concerned.
1. Where the circumstances so warrant, the State Party in whose
territory the alleged offender is present shall take the appropriate
measures under its national law to ensure that person's presence
for the purpose of prosecution or extradition.
2. Measures taken in accordance with paragraph 1 shall be notified,
in conformity with national law and without delay, to the Secretary-General
of the United Nations and, either directly or through the Secretary-General,
to:
(a) The State where the crime was committed;
(b) The State or States of which the alleged offender is a national or, if such person is a stateless person, in whose territory that person has his or her habitual residence;
(c) The State or States of which the victim is a national; and
(d) Other interested States.
The State Party in whose territory the alleged offender is
present shall, if it does not extradite that person, 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 law of that State. Those authorities
shall take their decision in the same manner as in the case of
an ordinary offence of a grave nature under the law of that State.
1. To the extent that the crimes set out in article 9 are not
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 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 at its option consider this Convention as the legal basis
for extradition in respect of those crimes. Extradition shall
be subject to the conditions provided in 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 conditions provided
in the law of the requested State.
4. Each of those crimes shall be treated, for the purposes 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 Parties which have established their jurisdiction
in accordance with paragraph 1 or 2 of 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 out in article 9, including assistance
in obtaining evidence at their disposal necessary for the proceedings.
The law of the requested State shall apply in all cases.
2. The provisions of paragraph 1 shall not affect obligations
concerning mutual assistance embodied in any other treaty.
1. Any person regarding whom investigations or proceedings
are being carried out in connection with any of the crimes set
out in article 9 shall be guaranteed fair treatment, a fair trial
and full protection of his or her rights at all stages of the
investigations or proceedings.
2. Any alleged offender shall be entitled:
(a) To communicate without delay with the nearest appropriate representative of the State or States of which such person is a national or which is otherwise entitled to protect that person's rights or, if such person is a stateless person, of the State which, at that person's request, is willing to protect that person's rights; and
(b) To be visited by a representative of that State or those States.
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 other
States Parties.
The States Parties undertake to disseminate this Convention
as widely as possible and, in particular, to include the study
thereof, as well as relevant provisions of international humanitarian
law, in their programmes of military instruction.
Nothing in this Convention shall affect:
(a) The applicability of international humanitarian law and universally recognized standards of human rights as contained in international instruments in relation to the protection of United Nations operations and United Nations and associated personnel or the responsibility of such personnel to respect such law and standards;
(b) The rights and obligations of States, consistent with the Charter of the United Nations, regarding the consent to entry of persons into their territories;
(c) The obligation of United Nations and associated personnel to act in accordance with the terms of the mandate of a United Nations operation;
(d) The right of States which voluntarily contribute personnel to a United Nations operation to withdraw their personnel from participation in such operation; or
(e) The entitlement to appropriate compensation payable in the event of death, disability, injury or illness attributable to peace-keeping service by persons voluntarily contributed by States to United Nations operations.
Nothing in this Convention shall be construed so as to derogate
from the right to act in self-defence.
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
application in conformity with the Statute of the Court.
2. Each State Party may at the time of signature, ratification,
acceptance or approval of this Convention or accession thereto
declare that it does not consider itself bound by all or part
of paragraph 1. The other States Parties shall not be bound by
paragraph 1 or the relevant part thereof 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 may at any time withdraw that reservation by
notification to the Secretary-General of the United Nations.
At the request of one or more States Parties, and if approved
by a majority of States Parties, the Secretary-General of the
United Nations shall convene a meeting of the States Parties to
review the implementation of the Convention, and any problems
encountered with regard to its application.
This Convention shall be open for signature by all States,
until 31 December 1995, at United Nations Headquarters in New
York.
This Convention is subject to ratification, acceptance or approval.
Instruments of ratification, acceptance or approval shall be deposited
with the Secretary-General of the United Nations.
This Convention shall be open for accession by any State. The
instruments of accession shall be deposited with the Secretary-General
of the United Nations.
1. This Convention shall enter into force thirty days after
twenty-two instruments of ratification, acceptance, approval or
accession have been deposited with the Secretary-General of the
United Nations.
2. For each State ratifying, accepting, approving or acceding
to the Convention after the deposit of the twenty-second instrument
of ratification, acceptance, approval or accession, the Convention
shall enter into force on the thirtieth day after the deposit
by such State of its instrument of ratification, acceptance, approval
or accession.
1. A State Party may denounce this Convention by written notification
to the Secretary-General of the United Nations.
2. Denunciation shall take effect one year following the date
on which notification is received by the Secretary-General of
the United Nations.
The original of this Convention, 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.