At the twenty-third session of the Commission, in 1971, it was suggested that the Commission should consider whether it would be possible to produce draft articles regarding such crimes as the murder, kidnapping and assaults upon diplomats and other persons entitled to special protection under international law. Though recognizing the importance and the urgency of the matter, the Commission had to defer its decision in view of the priority that had to be given to another existing topic. In considering its programme of work for 1972, however, the Commission decided that, if the General Assembly requested it to do so, it would prepare at its 1972 session a set of draft articles on that subject.

Extracts from The Work of the International Law Commission, 6th ed., vol. 1

The General Assembly, in resolution 2780 (XXVI) of 3 December 1971 (E, F, S, R, C, A), requested the Commission to study as soon as possible the question of the protection and inviolability of diplomatic agents and other persons entitled to special protection under international law with a view to preparing a set of draft articles dealing with offences committed against such agents and persons for submission to the Assembly at the earliest date which the Commission would consider appropriate. It also requested the Secretary-General to invite comments from Member States on the question of the protection of diplomats and to transmit them to the Commission.

At its twenty-fourth session, in 1972, the Commission, after an initial general discussion, set up a Working Group to review the problem involved and prepare a set of draft articles for submission to the Commission. [1]  This step, in contrast with the traditional procedure of appointing a Special Rapporteur to make a study of the subject and prepare draft articles, was based on the view of most of the members who participated in the general discussion that the subject was one of sufficient urgency and importance to justify the Commission adopting a more expeditious method of producing a set of draft articles for submission to the General Assembly at its twenty-seventh session.

At the conclusion of the initial stage of its work, the Working Group submitted to the Commission a first report [2]  containing a set of twelve draft articles on the prevention and punishment of crimes against diplomatic agents and other internationally protected persons. Following the Commission’s consideration of the draft articles, the Working Group revised them and referred them back to the Commission in two further reports. [3]  The Commission considered those reports and provisionally adopted the draft of twelve articles, which it submitted to the General Assembly as well as to Governments for comments.

The General Assembly, in resolution 2926 (XXVII) of 28 November 1972 (E, F, S, R, C, A), decided to consider at its twenty-eighth session the draft convention on the prevention and punishment of crimes against diplomatic agents and other internationally protected persons with a view to the final elaboration of such a convention by the Assembly. It also invited States and the specialized agencies and interested intergovernmental organizations to submit their written comments and observations on the draft articles prepared by the Commission.

At the twenty-eighth session of the General Assembly, in 1973, the Sixth Committee considered the provisions of the draft convention in two stages. [4]  In the first stage, it considered all the draft articles and the new articles proposed as well as the preamble and the final clauses and, except for article 9 which it decided to delete, referred them to a Drafting Committee either in their original form or in amended form, together with amendments submitted, as appropriate. In a second stage, it considered and adopted, in their original form or in amended form, the texts recommended by the Drafting Committee. The Drafting Committee was then entrusted with the coordination and further review of the text as a whole, before its adoption by the Sixth Committee for recommendation to the General Assembly. On 14 December 1973, the General Assembly adopted the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, [5]  consisting of a preamble and twenty articles, annexed to resolution 3166 (XXVIII) of 14 December 1973 (E, F, S, R, C, A). [6]

The Convention, which is subject to ratification, was opened for signature by all States at United Nations Headquarters until 31 December 1974. It remains open for accession by any State. The Convention came into force on 20 February 1977.

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