Appendix 18
Text of the United Nations Convention
on the Prevention and Punishment of the Crime of Genocide
[Adopted by Resolution 260 (III) A
of the United Nations General Assembly
on 9 December 1948.]
The contracting parties having considered the declaration made by the General
Assembly of the United Nations in its Resolution 96 (I) dated December 11, 1946,
that genocide is a crime under international law, contrary to the spirit and the
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 fulfilment of the present Convention, including
those relating to the responsibility of a State for genocide or 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 1 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 of it 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 Parties 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 non-member 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 all Members of the United Nations and to 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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