The Convention on the Safety of United Nations and Associated Personnel is a United Nations
treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal per ...
that has the goal of protecting
United Nations peacekeepers and other UN personnel.
Adoption
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island coun ...
and
Ukraine
Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inva ...
proposed such a convention in 1993, and the
International Law Commission
The International Law Commission (ILC) is a body of experts responsible for helping develop and codify international law. It is composed of 34 individuals recognized for their expertise and qualifications in international law, who are elected by t ...
drafted the convention in 1994. The
United Nations General Assembly
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
passed a resolution adopting the convention on 9 December 1994.
Content
Parties to the convention agree to criminalise the commission of murders or kidnappings of UN or association personnel as well as violent attacks against the equipment, official premises, private accommodation, or means of transport of such persons. Parties to the convention also agree to criminalise the attempted commission or threatened commission of such acts. "UN personnel" refers to individuals engaged or deployed by the
UN Secretary-General
The secretary-general of the United Nations (UNSG or SG) is the chief administrative officer of the United Nations and head of the United Nations Secretariat, one of the six principal organs of the United Nations.
The role of the secretary- ...
as members of the military, police, or civilian components of a UN operation; it also includes officials of the
UN specialized agencies and the
International Atomic Energy Agency
The International Atomic Energy Agency (IAEA) is an intergovernmental organization that seeks to promote the peaceful use of nuclear energy and to inhibit its use for any military purpose, including nuclear weapons. It was established in 195 ...
. "Associated personnel" includes other personnel—such as members of
non-governmental organizations
A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in ...
—assigned to act in an official capacity by UN personnel.
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 UN or associated personnel or (2) send the person to another state that requests his or her
extradition
Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdi ...
for prosecution of the same crime.
The convention states that the military and police components of a UN operation—including vehicles, aircraft, and vessels—shall bear
distinctive UN identification and that all UN and associated personnel shall carry appropriate identification. The treaty also states that the UN and associated personnel shall respect and abide by the domestic laws of the host state.
Ratifications and parties
By the end of 1995, the convention had been signed by 43 states and it came into force on 15 January 1999 after it had been ratified by 22 states. As of June 2016, the treaty has been ratified by 93 states, which includes 92 UN member states plus the
State of Palestine
Palestine ( ar, فلسطين, Filasṭīn), officially the State of Palestine ( ar, دولة فلسطين, Dawlat Filasṭīn, label=none), is a state located in Western Asia. Officially governed by the Palestine Liberation Organization ( ...
. The states that signed the convention but have not yet ratified it are
Haiti
Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and s ...
,
Honduras
Honduras, officially the Republic of Honduras, is a country in Central America. The republic of Honduras is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Oce ...
,
Malta
Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
,
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
,
Sierra Leone
Sierra Leone,)]. officially the Republic of Sierra Leone, is a country on the southwest coast of West Africa. It is bordered by Liberia to the southeast and Guinea surrounds the northern half of the nation. Covering a total area of , Sierr ...
, and the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
.
Optional Protocol
On 8 December 2005, the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel was adopted by the UN General Assembly. The Optional Protocol simply expands the scope of what constitutes a "UN operation" to include "delivering humanitarian, political or development assistance in peacebuilding" and "delivering emergency humanitarian assistance". The Optional Protocol was signed by 34 states, came into force on 19 August 2010, and as of June 2016 has been ratified by 30 states.
See also
*
Geneva Conventions and United Nations Personnel (Protocols) Act 2009
Notes
References
*Ch. Bourloyannis-Vrailas, "The Convention on the Safety of United Nations and Associated Personnel", ''
International and Comparative Law Quarterly'', vol. 44 (1995) pp. 560–590.
*E. T. Bloom, "Protecting Peacekeepers: The Convention on the Safety of United Nations and Associated Personnel", ''
American Journal of International Law
''The American Journal of International Law'' is an English-language scholarly journal focusing on international law and international relations. It is published quarterly since 1907 by the American Society of International Law (ASIL).
The ''Jo ...
'', vol. 89 (1995) pp. 621–631.
*S. J. Lepper, "The Legal Status of Military Personnel in United Nations Peace Operations: One Delegate's Analysis", ''
Houston Journal of International Law
The ''Houston Journal of International Law'' is a triannual student-edited law journal published by the University of Houston Law Center
The University of Houston Law Center is the law school of the University of Houston in Houston, Texas. Foun ...
'', vol. 18 (1995–1996) pp. 359–464.
*H. Llewellyn, "The Optional Protocol to the 1994 Convention on the Safety of United Nations and Associated Personnel", ''
International and Comparative Law Quarterly'', vol. 55 (2006) pp. 718–728.
External links
*Mahnoush H. Arsanjani
"Convention on the Safety of United Nations and Associated Personnel" un.org
Ratifications of ConventionText of Optional ProtocolRatifications of Optional Protocol
{{DEFAULTSORT:Safety of United Nations and Association Personnel Convention
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United Nations peacekeeping
*Convention
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