Convention on the Prevention and

Punishment of Crimes Against

Internationally Protected Persons
Enacted on 14 December 1973, Entered into Force on 20 February 1977

(UN General Assembly, Treaty Series, Vol.1035, No.15410)

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 co-operation 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 co-
operation 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;

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.

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 co-operate 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 co-ordinating 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.

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.

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 connexion 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
connexion 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.

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.

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.

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.