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Convention On The Prevention And Punishment Of The Crime Of Genocide (1948)

CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (1948)

At the second part of its first session, on 11 December 1946, the UN General Assembly affirmed (resolution 96 [I]) that GENOCIDE: is a crime under international law which the civilized world condemns and that those guilty of it, whoever they are and for whatever reason they committed it, are punishable. Recognizing the need to organize international cooperation for this purpose, the General Assembly called upon the UN Economic and Social Council to undertake the necessary studies for drawing up a draft convention on the crime of genocide. The council instructed the Secretary General to prepare a preliminary draft with the assistance of three experts. On the basis of their work, and with the assistance of its Ad Hoc Committee on Genocide, the council was able to transmit the draft convention to the assembly in 1948. The assembly completed the convention and, on 9 December 1948, (resolution 260 A [III]) adopted it and opened it for signature and ratification or accession. It entered into force on 12

The text of the convention (United Nations, Treaty Series, vol. 78, p. 277) is as follows:

The Contracting Parties,

Having considered the declaration made by the General Assembly of the United Nations in its resolution 96 (1) dated 11 December 1946 that genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world,

Recognizing that at all periods of history genocide has inflicted great losses on humanity, and

Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required,

Hereby agree as hereinafter provided:

Article 1. The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.

Article 2. In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

Article 3. The following acts shall be punishable:

(a) Genocide;

(b) Conspiracy to commit Genocide;

(c) Direct and public incitement to commit Genocide;

(d)Attempt to commit Genocide;

(e)Complicity in Genocide.

Article 4. Persons committing genocide or any of the other acts enumerated in article 3 shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

Article 5. The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article 3.

Article 6. Persons charged with genocide or any of the other acts enumerated in article 3 shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.

Article 7. Genocide and the other acts enumerated in article 3 shall not be considered as political crimes for the purpose of extradition. The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.

Article 8. Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article 3.

Article 9. Disputes between the Contracting Parties relating to the interpretation, application or fulfillment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article 3, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.

Article 10. The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of 9 December 1948.

Article 11. The present Convention shall be open until 31 December 1949 for signature on behalf of any Member of the United Nations and of any non-member State to which an invitation to sign has been addressed by the General Assembly. The present Convention shall be ratified, and the instruments of ratification shall be deposited with the Secretary General of the United Nations. After l January 1950, the present Convention may be acceded to on behalf of any Member of the United Nations and of any non-member State which has received an invitation as aforesaid. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 12. Any Contracting Party may at any time, by notification addressed to the Secretary-General of the United Nations, extend the application of the present Convention to all or any of the territories for the conduct of whose foreign relations that Contracting Party is responsible.

Article 13. On the day when the first twenty instruments of ratification or accession have been deposited, the Secretary-General shall draw up a proces-verbal and transmit a copy thereof to each Member of the United Nations and to each of the non-member States contemplated in article 11 . The present Convention shall come into force on the ninetieth day following the date of deposit of the twentieth instrument of ratification or accession. Any ratification or accession effected, subsequent to the latter date shall become effective on the ninetieth day following the deposit of the instrument of ratification or accession .

Article 14. The present Convention shall remain in effect for a period of ten years as from the date of its coming into force. It shall thereafter remain in force for successive periods of five years for such Contracting Parties as have not denounced it at least six months before the expiration of the current period. Denunciation shall be effected by a written notification addressed to the Secretary-General of the United Nations.

Article 15. If, as a result of denunciations, the number of ties to the present Convention should become less than sixteen, the Convention shall cease to be in force as from the date on which the last of these denunciations shall become effective.

Article 16. A request for the revision of the present Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General. The General Assembly shall decide upon the steps, if any, to be taken in respect of such request.

Article 17. The Secretary-General of the United Nations shall notify all Members of the United Nations and the nonmember States contemplated in article 11 of the following:

(a) Signatures, ratifications and accessions received in accordance with article 11;

(b) Notifications received in accordance with article 12;

(c) The date upon which the present Convention comes into force in accordance with article 13;

(d) Denunciations received in accordance with article 14;

(e) The abrogation of the Convention in accordance with article 15;

(f) Notifications received in accordance with article 16.

Article 18. The original of the present Convention shall be deposited in the archives of the United Nations. A certified copy of the Convention shall be transmitted to each Member of the United Nations and to each of the non-member States contemplated in article 11.

Article 19. The present Convention shall be registered by the Secretary-General of the United Nations on the date of its coming into force.

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18 October 2013 http://www.swarb.co.uk/lawb/hmr1948Genocide.shtml 305 18 October 2013