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8. Convention on the Safety of United Nations and Associated Personnel

New York, 9 December 1994

 

Entry into force: 15 January 1999, in accordance with article 27 which reads as follows: "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.".
Registration: 15 January 1999, No. 35457.
Status: Signatories: 43 ,Parties: 82.
Text: United Nations, Treaty Series, vol. 2051, p. 363 

Note: The Convention was adopted by resolution 49/59 of the General Assembly dated 9 December 1994. The Convention was open for signature on 15 December 1994 and will remain open for signature at the Headquarters of the United Nations in New York until 31 December 1995.

 

 

PARTICIPANTS


Participant  Signature  Ratification, Acceptance (A), Accession (a), Approval (AA), Succession (d) 
Albania    30 Mar 2001 a 
Argentina  15 Dec 1994  6 Jan 1997 
Australia  22 Dec 1995  4 Dec 2000 
Austria    6 Sep 2000 a 
Azerbaijan    3 Aug 2000 a 
Bangladesh  21 Dec 1994  22 Sep 1999 
Belarus  23 Oct 1995  29 Nov 2000 
Belgium  21 Dec 1995  19 Feb 2002 
Bolivia  17 Aug 1995  22 Dec 2004 
Bosnia and Herzegovina    11 Aug 2003 a 
Botswana    1 Mar 2000 a 
Brazil  3 Feb 1995  6 Sep 2000 
Brunei Darussalam    20 Mar 2002 a 
Bulgaria    4 Jun 1998 a 
Canada  15 Dec 1994  3 Apr 2002 
Chile    27 Aug 1997 a 
China1    22 Sep 2004 a 
Costa Rica    17 Oct 2000 a 
Côte d'Ivoire    13 Mar 2002 a 
Croatia    27 Mar 2000 a 
Cyprus    1 Jul 2003 a 
Czech Republic  27 Dec 1995  13 Jun 1997 
Democratic People's Republic of Korea    8 Oct 2003 a 
Denmark  15 Dec 1994  11 Apr 1995 
Ecuador    28 Dec 2000 a 
Estonia    8 Mar 2006 a 
Fiji  25 Oct 1995  1 Apr 1999 
Finland  15 Dec 1994  5 Jan 2001 
France  12 Jan 1995  9 Jun 2000 
Germany  1 Feb 1995  22 Apr 1997 
Greece    3 Aug 2000 a 
Guinea    7 Sep 2000 a 
Guyana    21 May 2004 a 
Haiti  19 Dec 1994   
Honduras  17 May 1995   
Hungary    13 Jul 1999 a 
Iceland    10 May 2001 a 
Ireland    28 Mar 2002 a 
Italy  16 Dec 1994  5 Apr 1999 
Jamaica    8 Sep 2000 a 
Japan  6 Jun 1995  6 Jun 1995 A 
Kenya    19 Oct 2004 a 
Kuwait    19 Jul 2004 a 
Lao People's Democratic Republic    22 Aug 2002 a 
Lebanon    25 Sep 2003 a 
Lesotho    6 Sep 2000 a 
Liberia    22 Sep 2004 a 
Libyan Arab Jamahiriya    22 Sep 2000 a 
Liechtenstein  16 Oct 1995  11 Dec 2000 
Lithuania    8 Sep 2000 a 
Luxembourg  31 May 1995  30 Jul 2001 
Malta  16 Mar 1995   
Monaco    5 Mar 1999 a 
Mongolia    25 Feb 2004 a 
Montenegro2    23 Oct 2006 d 
Nauru    12 Nov 2001 a 
Nepal    8 Sep 2000 a 
Netherlands3  22 Dec 1995  7 Feb 2002 A 
New Zealand4  15 Dec 1994  16 Dec 1998 
Norway  15 Dec 1994  3 Jul 1995 
Pakistan  8 Mar 1995   
Panama  15 Dec 1994  4 Apr 1996 
Philippines  27 Feb 1995  17 Jun 1997 
Poland  17 Mar 1995  22 May 2000 
Portugal  15 Dec 1994  14 Oct 1998 
Republic of Korea    8 Dec 1997 a 
Romania  27 Sep 1995  29 Dec 1997 
Russian Federation  26 Sep 1995  25 Jun 2001 
Samoa  16 Jan 1995  19 Aug 2005 
Senegal  21 Feb 1995  9 Jun 1999 
Serbia    31 Jul 2003 a 
Sierra Leone  13 Feb 1995   
Singapore    26 Mar 1996 a 
Slovakia  28 Dec 1995  26 Jun 1996 
Slovenia    21 Jan 2004 a 
Spain  19 Dec 1994  13 Jan 1998 
Sri Lanka    23 Sep 2003 a 
Sweden  15 Dec 1994  25 Jun 1996 
Switzerland    9 Nov 2007 a 
The Former Yugoslav Republic of Macedonia    6 Mar 2002 a 
Togo  22 Dec 1995   
Tunisia  22 Feb 1995  12 Sep 2000 
Turkey    9 Aug 2004 a 
Turkmenistan    29 Sep 1998 a 
Ukraine  15 Dec 1994  17 Aug 1995 
United Kingdom of Great Britain and Northern Ireland  19 Dec 1995  6 May 1998 
United States of America  19 Dec 1994   
Uruguay  17 Nov 1995  3 Sep 1999 
Uzbekistan    3 Jul 1996 a 
 

 

DECLARATIONS


Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made

upon ratification, acceptance or accession.)

Belgium

Interpretative declaration:

The Belgian Government declares the following: article 9, paragraph 1 (c), only covers cases where the threat is credible.

China

Reservation:

The People's Republic of China makes a reservation with regard to Article 22, paragraph 1 of the Convention on the Safety of United Nations and Associated Personnel and is not bound by the provisions of Article 22, paragraph 1.

Costa Rica

Reservation:

The Government of the Republic enters a reservation to article 2, paragraph 2, of the Convention, to the effect that limiting the scope of application of the Convention is contrary to the pacifist thinking of our country and, accordingly, that, in the event of conflicts with the application of the Convention, Costa Rica will, where necessary, give precedence to humanitarian law.

Estonia

Declaration:

"In accordance with paragraph 2 of Article 10 of the Convention the Republic of Estonia establishes her jurisdiction over any such crime when it is committed with respect to a national of Estonia."

Democratic People's Republic of Korea

Reservation:

"The Government of the Democratic People's Republic of Korea does not consider itself bound by all of paragraph 1 of Article 22 of the Convention on the Safety of United Nations and Associated Personnel."

Germany

Declaration:

In accordance with German law, the authorities of the Federal Republic of Germany will communicate information on alleged offenders, victims and circumstances of the crime (personal data) directly to the states concerned and, in parallel with this, will inform the Secretary-General of the United Nations that such information has been communicated.

Kuwait

Reservation:

... with a reservation in respect of article 22 (1), in accordance with article 22 (2) of the Convention.

Lao People's Democratic Republic

Reservation:

"In accordance with paragraph 2, Article 22 of the Convention on the Safety of United Nations and Associated Personnel, the Lao People's Democratic Republic does not consider itself bound by paragraph 1, article 22 of the present Convention. The Lao People's Democratic Republic declares that to refer dispute relating to interpretation and application of the present Convention to arbitration or International Court of Justice, the agreement of all parties concerned in the dispute is necessary."

Nepal

Declaration:

"[The Government of Nepal] avails itself of the provisions of article 22, paragraph 2, and declares that it does not consider itself bound by the provisions of paragraph 1 of the said article under which any dispute between two or more States Parties concerning the interpretation or application of this Convention shall at the request of one of them, be submitted to arbitration or referred to the International Court of Justice, and states that in each individual case, prior consent of all parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice."

Netherlands

Declaration:

"The Kingdom of the Netherlands understands Article 14 of the Convention on the Safety of United Nations and Associated Personnel states that the competent national authorities must decide on a case submitted to them in accordance with national law and in the same manner as they would decide on ordinary offences of a grave nature. Consequently, the Kingdom of the Netherlands understands this provision to include the right of its competent judicial authorities to decide not to prosecute a person alleged to have committed a crime as referred to in Article 9, paragraph 1, if, in the opinion of the competent judicial authorities, grave considerations of procedural law indicate that effective prosecution would be impossible."

Tunisia

Reservation:

The Tunisian Republic declares that it does not consider itself bound by the provisions of article 22, paragraph 1, of the Convention and that disputes concerning the interpretation or application of the Convention may be submitted to arbitration or to the International Court of Justice only with the prior consent of all the parties concerned.

Turkey5

Declarations:

" I. The Republic of Turkey declares that it will implement the provisions of the Convention only to the State Parties with which it has diplomatic relations.

II. The Republic of Turkey declares that this Convention is ratified exclusively with regard to the national territory where the Constitution and legal and administrative order of the Republic of Turkey are applied.

III. The Republic of Turkey declares that, in accordance with article 22, paragraph 2 of the Convention, Turkey does not consider itself bound by article 22, paragraph 1 of this Convention. The explicit consent of the Republic of Turkey is necessary in each individual case before any dispute to which the Republic of Turkey is party concerning the interpretation or application of this Convention may be referred to the International Court of Justice."

Reservations:

" In connection with Article 20, paragraph 1 of the Convention, concerning the applicability of international humanitarian law, the Republic of Turkey is not a party to the Protocols I and II, dated 8 June 1977, Additional to the Geneva Conventions of 12 August 1949, and therefore will not be bound by the provisions of the said Protocols."

Slovakia

Declaration made upon signature and confirmed upon ratification:

"If a dispute concerning the interpretation or application of the Convention is not settled by negotiation, the Slovak Republic prefers its submission to the International Court of Justice in accordance with article 22, paragraph 1 of the Convention. Therefore a dispute, to which the Slovak Republic might be a Party can be submitted to arbitration only with the explicit consent of the Slovak Republic."

Objections

(Unless otherwise indicated, the objections were made

upon ratification, acceptance or accession.)

Cyprus

7 December 2004

With regard to the declarations made by Turkey upon ratification:

"The Government of the Republic of Cyprus has examined the declarations made by the Republic of Turkey upon ratification of the Convention on the Safety of the United Nations and Associated Personnel.

The Republic of Turkey declares that it will implement the provisions of the Convention only to the States with which it has diplomatic relations.

In view of the Government of the Republic of Cyprus this declaration in fact amounts to a reservation. The reservation makes it unclear to what extent the Republic of Turkey considers itself bound by the obligations arising from the Convention. In the absence of further clarification, this reservation creates uncertainty as to the States Parties in respect of which Turkey is undertaking the obligations in the Convention, and raises doubt as to the commitment of the Republic of Turkey to the object and purpose of the Convention.

The Republic of Turkey furthermore declares that the Convention is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied.

In the view of the Republic of Cyprus, this declaration in fact amounts to a reservation. This reservation is contrary to the letter and the spirit of Article 10 of the Convention. It should be recalled that the duty to establish jurisdiction over the crimes set out in the Convention is mandatory upon States Parties when the crime is committed in the territory of that State or on board a ship or aircraft registered in that State and when the alleged offender is a national of that State. A limitation to the national territory is contrary to the obligations of States Parties in this regard and therefore incompatible with the object and purpose of the Convention.

The Republic of Turkey also makes a reservation that in connection with Article 20, paragraph 1 of the Convention, concerning the applicability of international humanitarian law, the Republic of Turkey is not a party to the Protocols I and II, dated 8 June 1977, Additional to the Geneva Convention of 12 August 1949, and therefore will not be bound by the provisions of the said Protocols.

The Republic of Cyprus considers this reservation to be contrary to the letter and spirit of Article 20 (1) of the Convention, which states that nothing shall affect the applicability of international humanitarian law as contained in international instruments in relation to the protection of United Nations operations and United Nations and Associated Personnel. Accordingly, this reservation is prohibited by the Convention.

For these reasons, the Government of the Republic of Cyprus objects to the aforesaid reservations made by the Republic of Turkey to the Convention on the Safety of the United Nations and Associated Personnel.

This objection shall not preclude the entry into force of the Convention between the Republic of Cyprus and the Republic of Turkey. The Convention, therefore, enters into force between the two States without the Republic of Turkey benefiting from these reservations".

Greece

21 July 2005

With regard to the declarations made by Turkey upon ratification:

"The Government of the Hellenic Republic has examined the declarations made by the Republic of Turkey upon ratification of the 1994 Convention on the Safety of United Nations and Associated Personnel.

In the view of the Government of the Hellenic Republic, paragraph 1 of these declarations amounts to a reservation which raises concerns as to the commitment of Turkey to implement core provisions of the Convention and in particular those pertaining to the prevention and suppression of crimes against United Nations and Associated Personnel. The reservation may also lead to a discriminatory application of the Convention.

In connection with paragraph II of the declarations, the Government of the Hellenic Republic is of the view that it also amounts to a reservation as it raises the same concerns as above. Furthermore, it raises doubts as to whether Turkey fully undertakes the obligations incumbent upon it by virtue of Article 10 of the Convention. The Government of the Hellenic Republic, therefore, considers that the above reservations are incompatible with the object and purpose of the Convention.

Regarding the reservation made by the Republic of Turkey in connection with Article 20 par. 1 of the Convention, the Government of the Hellenic Republic considers that, in so far as the instruments referred to in the reservation are reflective of customary international law, they are universally binding and cannot be exempted from by a reservation.

For these reasons, the Government of the Hellenic Republic objects to the above reservations made by the Republic of Turkey to the Convention on the Safety of United Nations and Associated Personnel. This objection shall not preclude the entry into force of the Convention between the Hellenic Republic and the Republic of Turkey. The Convention, therefore, enters into force between the two States without taking into account the abovementioned reservations."

United Kingdom of Great Britain and Northern Ireland

16 August 2005

With regard to the declarations and reservation made by Turkey upon accession:

"The Government of the United Kingdom of Great Britain and Northern Ireland has examined the declaration made by the Republic of Turkey upon ratification of the 1994 Convention on the Safety of United Nations and Associated Personnel.

The Government of the United Kingdom of Great Britain and Northern Ireland is concerned that paragraph 1 of the declaration may amount to a reservation of indeterminate scope. Diplomatic relations between Turkey and other States are capable of being established and terminated at will, and without the other State Parties to the Convention knowing of their status. It would offend the legal certainty of treaty relations to attempt to make these contingent upon the existence of diplomatic relations.

As regards paragraph II of the declaration, the Government of the United Kingdom of Great Britain and Northern Ireland is of the view that it raises doubts as to whether Turkey fully undertakes the obligations incumbent upon it by virtue of Article 10 of the Convention. As well as providing that a State Party shall establish its jurisdiction over crimes committed within its national territory, or on board a ship or aircraft registered in that State, Article 10 also provides that a State shall take measures to assume jurisdiction where the alleged offender is a national of that State. Paragraph II, in attempting to ratify the Convention solely with regard to the national territory of Turkey, appears to be contrary to Article 10 (1) (b).

The Government of the United Kingdom of Great Britain and Northern Ireland, therefore, considers that the above paragraphs of the declaration constitute reservations which are incompatible with the object and purpose of the Convention.

Regarding the reservation made by the Republic of Turkey in connection with Article 20 (1) of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland considers that, in so far as the instruments referred to in the reservation are reflective of customary international law, they are universally binding and cannot be derogated from.

For these reasons, the Government of the United Kingdom of Great Britain and Northern Ireland objects to the above reservations made by the Republic of Turkey to the Convention on the Safety of United Nations and Associated Personnel.

This objection shall not preclude the entry into force of the Convention between the United Kingdom of Great Britain and Northern Ireland and the Republic of Turkey. The Convention, therefore, enters into force between the two States without taking into account the above-mentioned reservations."

Notifications made under article 10 (2)

(Unless otherwise indicated, the notifications were made upon ratification,

acceptance, approval or accession.)

China

27 July 2007

Pursuant to article 10, paragraph 2 of the Convention, the Hong Kong Special Administrative Region of the People's Republic of China has established its jurisdiction referred to in article 10, paragraph 2 (a) of the Convention over the crimes set out in article 9 of the Convention.

 

 

NOTES


1. With the following:

In accordance with the provisions of Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and Article 138 of the Basic Law of the Macao Special Administrative Region of the People's Republic of China, the Government of the People's Republic of China decides that the Convention shall apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People's Republic of China.


2. See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.


3. For the Kingdom in Europe, the Netherlands Antilles and Aruba.


4. See note 1 under "New Zealand" regarding Tokelau in the "Historical Information" section in the front matter of this volume.


5. In regard to the declarations made by the Government of Turkey upon accession, the Secretary-General received a communication from the following State on the date indicated hereinafter:

Portugal (15 December 2005):

The Government of the Portuguese Republic has carefully examined the declarations and reservations made by the Republic of Turkey upon the ratification of the Convention on the Safety of United Nations and Associated Personnel.

The Government of Portugal considers that paragraph I of the declarations amounts to a reservation which raises concerns as to the commitment of Turkey to implement core provisions of the Convention and in particular those concerning the prevention and suppression of crimes against United Nations and Associated personnel. This reservation may also lead to a discriminatory application of the Convention.

Portugal considers that paragraph II of the declaration also amounts to a reservation which is contrary to the object and purpose of the Convention, namely to its Article 10 which requires that each State party shall take such measures as may be necessary to establish its jurisdiction over the crimes against Untied Nations and Associate personnel in the case of crimes committed in the territory of that State.

With regard to the reservation made by Turkey in connection with article 20, paragraph 1 of the Convention, Portugal considers that in so far as the instruments referred to in a reservation are reflective of customary international law, they are universally binding and cannot be exempted from by a reservation.

The Government of the Portugese Republic, therefore objects to the above reservations made by the Republic of Turkey to the Convention on the Safety of Untied Nations and Associate Personnel.

This objection shall not preclude the entry into force o the Convention between Portugal and Turkey.