Protection of Diplomats Convention

Last updated

Protection of Diplomats Convention
Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents
Type anti-terrorism, international criminal law, privileges and immunities; diplomatic relations
Drafted14 December 1973
Signed28 December 1973 [lower-alpha 1]
Location New York, United States
Effective20 February 1977
Condition22 ratifications
Signatories25
Parties180
Depositary United Nations Secretary-General
LanguagesChinese, English, French, Russian, and Spanish

The Protection of Diplomats Convention (formally, the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents) is a United Nations anti-terrorism treaty that codifies some of the traditional principles on the necessity of protecting diplomats.

Contents

Adoption

The convention was adopted as a resolution of the United Nations General Assembly on 14 December 1973 in response to a series of kidnappings and murders of diplomatic agents, beginning in the 1960s. [1] It was drafted by the International Law Commission (ILC), which began work on it in 1971. It was adopted within two years, which was exceptionally fast by ILC standards. [2]

Content

Parties to the convention agree to criminalize [3] the commission of murders or kidnappings of internationally protected persons as well as violent attacks against the official premises, private accommodation, or means of transport of such persons. Parties to the convention also agree to criminalize the attempted commission or threatened commission of such acts. "Internationally protected persons" is a term created by the convention, and refers explicitly to heads of state, heads of government, foreign ministers, ambassadors, other official diplomats, and members of their families.

A central provision of the convention is the principle of aut dedere aut judicare —that a party to the treaty must either (1) prosecute a person who commits an offence against an internationally protected person or (2) send the person to another state that requests his or her extradition for prosecution of the same crime.

Ratifications and parties

By the end of 1974, the convention had been signed by 25 states and it came into force on 20 February 1977 after it had been ratified by 22 states. As of October 2016, it has been ratified by 180 state parties, which includes 177 United Nations member states plus the Holy See, Niue and the State of Palestine. The UN member states that have not ratified the convention are:

Notes

  1. First signed by the United States.

Related Research Articles

<span class="mw-page-title-main">Vienna Convention on Diplomatic Relations</span> 1961 international treaty

The Vienna Convention on Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries. Its aim is to facilitate "the development of friendly relations" among governments through a uniform set of practices and principles; most notably, it codifies the longstanding custom of diplomatic immunity, in which diplomatic missions are granted privileges that enable diplomats to perform their functions without fear of coercion or harassment by the host country. The Vienna Convention is a cornerstone of modern international relations and international law and is almost universally ratified and observed; it is considered one of the most successful legal instruments drafted under the United Nations.

<span class="mw-page-title-main">Rome Statute</span> 1998 international treaty establishing the International Criminal Court (ICC)

The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998 and it entered into force on 1 July 2002. As of November 2019, 123 states are party to the statute. Among other things, it establishes court function, jurisdiction and structure.

The crime of apartheid is defined by the 2002 Rome Statute of the International Criminal Court as inhumane acts of a character similar to other crimes against humanity "committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime".

<span class="mw-page-title-main">International Covenant on Civil and Political Rights</span> Treaty adopted by United Nations General Assembly in 1965

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2022, the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.

The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was the first legal instrument to codify genocide as a crime, and the first human rights treaty unanimously adopted by the United Nations General Assembly, on 9 December 1948, during the third session of the United Nations General Assembly. The Convention entered into force on 12 January 1951 and has 152 state parties as of 2022.

<span class="mw-page-title-main">United Nations Convention Against Torture</span> International human rights instrument against torture and cruel or unusual punishment

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights treaty under the review of the United Nations that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.

A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation.

Diplomatic law is that area of international law that governs permanent and temporary diplomatic missions. A fundamental concept of diplomatic law is that of diplomatic immunity, which derives from state immunity.

<span class="mw-page-title-main">Human rights in Switzerland</span> Overview of the observance of human rights in Switzerland

Human rights are largely respected in Switzerland, one of Europe's oldest democracies. Switzerland is often at or near the top in international rankings of civil liberties and political rights observance. Switzerland places human rights at the core of the nation's value system, as represented in its Federal Constitution. As described in its FDFA's Foreign Policy Strategy 2016-2019, the promotion of peace, mutual respect, equality and non-discrimination are central to the country's foreign relations.

Hostis humani generis is a legal term of art that originates in admiralty law. Before the adoption of public international law, pirates and slavers were already held to be beyond legal protection and so could be dealt with by any nation, even one that had not been directly attacked.

A reservation in international law is a caveat to a state's acceptance of a treaty. A reservation is defined by the 1969 Vienna Convention on the Law of Treaties (VCLT) as:

a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State.

<span class="mw-page-title-main">United Nations General Assembly Sixth Committee</span> Organisation

The United Nations General Assembly Sixth Committee is one of six main committees of the General Assembly of the United Nations. It deals primarily with legal matters and is the primary forum for the consideration of international law and other legal matters concerning the United Nations.

In law, the principle of aut dedere aut judicare refers to the legal obligation of states under public international law to prosecute persons who commit serious international crimes where no other state has requested extradition. However, the Lockerbie case demonstrated that the requirement to extradite or prosecute is not a rule of customary international law. The obligation arises regardless of the extraterritorial nature of the crime and regardless of the fact that the perpetrator and victim may be of alien nationality. It is generally included as part of international treaties dealing with an array of transnational crimes to facilitate bringing perpetrators to justice.

An atrocity crime is a violation of international criminal law that falls under the historically three legally defined international crimes of genocide, war crimes, and crimes against humanity. Ethnic cleansing is widely regarded as a fourth mass atrocity crime by legal scholars and international non-governmental organizations (NGOs) working in the field, despite not yet being recognized as an independent crime under international law.

The Hostages Convention is a United Nations treaty by which states agree to prohibit and punish hostage taking. The treaty includes definitions of "hostage" and "hostage taking" and sets out the principle of aut dedere aut judicare: a party to the treaty must prosecute a hostage taker if no other state requests extradition for prosecution of the same crime.

The Convention on the Safety of United Nations and Associated Personnel is a United Nations treaty that has the goal of protecting United Nations peacekeepers and other UN personnel.

The Crimes Against Humanity Initiative is a rule of law research and advocacy project of the Whitney R. Harris World Law Institute. Started in 2008 by Professor Leila Nadya Sadat, the Initiative has as its goals the study of the need for a comprehensive international convention on the prevention and punishment of crimes against humanity, the analysis of the necessary elements of such a convention, and the drafting of a proposed treaty. To date, the Initiative has held several experts' meetings and conferences, published a Proposed Convention on the Prevention and Punishment of Crimes Against Humanity, and resulted in the publication of an edited volume, Forging a Convention for Crimes Against Humanity, by Cambridge University Press. The draft treaty is now available in seven languages. The UN International Law Commission produced its own, similar, set of Draft Articles on the Prevention and Punishment of Crimes against Humanity, and a proposed treaty is now being debated by governments around the world.

The 1973 United Nations International Convention on the Suppression and Punishment of the Crime of Apartheid was the first binding international treaty which declared the crime of apartheid and racial segregation under international law. It was adopted by the General Assembly on 30 November 1973 and came into force on 18 July 1976. It passed by 91 votes in favor, four against and 26 abstentions. 110 countries are currently parties to the convention, with 26 signatories.

The prohibition of torture is a peremptory norm in public international law—meaning that it is forbidden under all circumstances—as well as being forbidden by international treaties such as the United Nations Convention Against Torture.

References

  1. Blumenau (2014) , pp. 40–45, 104–105
  2. Blumenau (2014) , pp. 104–13
  3. Nation, United (9 June 2022). "Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 1973" (PDF). United Nations. Retrieved 9 June 2022.

Bibliography