New York, 9 December 1994
The 1994 Convention on the Safety of United Nations and Associated Personnel
was adopted against a background of a dramatic increase in the number of
fatalities of United Nations and Associated Personnel participating in
United Nations operations. It is aimed at strengthening the legal protection
afforded to such United Nations and Associated Personnel, preventing attacks
committed against them and punishing those who have committed such attacks.
The Convention prohibits any attack against United Nations and Associated
Personnel and premises, and imposes upon the parties the responsibility
for taking the appropriate measures to ensure their safety and security.
The Convention criminalizes any of the following acts: murder, kidnapping
or other attacks upon the person or liberty of the United Nations and associated
personnel, the official premises, private accommodation or the means of
transportation of such personnel, or a threat or an attempt to commit any
such act. States parties are bound to make these acts punishable by law
with appropriate penalties, taking into account their grave nature.
The Convention establishes the principle of "prosecute or extradite". Accordingly,
each State party is bound to either prosecute the offender present in its
territory or extradite him to any other State party having jurisdiction
over the offender.
The Convention is applicable in respect of United Nations operations and
United Nations and Associated Personnel. A "United Nations operation" is
defined as an operation established by the competent organ of the United
Nations in accordance with the Charter of the United Nations, and conducted
under United Nations authority and control for the purpose of maintaining
or restoring international peace and security; or where the Security Council
or the General Assembly has declared that there exists an exceptional risk
to the safety of the personnel participating in the operation.
The term "United Nations personnel" is defined as persons engaged or deployed
by the Secretary-General of the United Nations as members of the United
Nations operation, and other officials and experts on mission for the United
Nations or its specialized agencies who are present in an official capacity
in the area where a United Nations operation is being conducted. The term
"United Nations Associated Personnel" is defined as persons assigned by
a Government or an intergovernmental organization with the agreement of
the competent organ of the United Nations; those engaged by the Secretary-General
of the United Nations or by a specialized agency; and those deployed by
a humanitarian non-governmental organization or agency under an agreement
with the Secretary-General of the United Nations or with a specialized
agency to carry out activities in support of the fulfilment of the mandate
of a United Nations operation.
United Nations operations excluded from the scope of the Convention are
those authorized by the Security Council as an enforcement action under
Chapter VII of the Charter of the United Nations, in which any of the personnel
are engaged as combatants against armed forces and to which the law of
international armed conflict applies. Enforcement actions carried out in
situations of internal armed conflict are thus included within the scope
of the Convention and are subject to its protective regime.
Members of United Nations operations excluded under article 2 from the
scope of application of the Convention are not for all of that denied protection.
Rather, in times of armed conflict they are protected and bound by the
principles and rules of international humanitarian law applicable to such
conflicts. Article 20 (a) provides in this connection that nothing in the
Convention shall affect the applicability of international humanitarian
law in relation to protection of United Nations operations and United Nations
and Associated Personnel, or the responsibility of such personnel to respect
such law and standards.
|Entry into force: 15 January 1999
Status as at 15 June 2000: Signatories: 43 Contracting Parties: 33