1398-(8)

II SERIE-A — NÚMERO 73

Acknowledging that the effectiveness and safety of United Nations operations are enhanced where such operations are conducted with the consent and cooperation of the host State;

Appealing to all States in which United Nations and associated personnel are deployed and to all others on whom such personnel may rely, to provide comprehensive support aimed at facilitating the conduct and fulfilling the mandate of United Nations operations;

Convinced that there is an urgent need to adopte appropriate and effective measures for the prevention of attacks committed against United Nations and associated personnel and for the punishment of those who have committed such attacks;

have agreed as follows:

Article 1

Definitions

For the purposes of this Convention:

a) «United Nations personnel means:

i) Persons engaged or deployed by the Secretary-General of the United Nations as members of the military, police or civilian components of a United Nations operation;

ii) Other officials and experts on mission of the United Nations or its specialized agencies or the International Atomic Energy Agency who are present in an official capacity in the area where a United Nations operation is being conducted;

b) «Associated personnel means:

/) Persons assigned by a Government or an intergovernmental organization with the agreement of the competent organ of the United Nations;

ii) Persons engaged by the Secretary-General of the United Nations or by a specialized agency or by the International Atomic Energy Agency; Hi) Persons deployed by a humanitarian nongovernmental organization or agency under an agreement with the Secretary-

* General of the United Nations or with a specialized agency or with the International Atomic Energy Agency;

to carry out activities in support of the fulfilment of the mandate of a United Nations operation;

c) «United Nations operation» means 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:

i) Where the operation is for the purpose of maintaining or. restoring international peace and security; or

ii) Where the Security Council or the General Assembly has declared, for the pur-

poses of this Convention, that there exists an exceptional risk to the safety of the personnel participating in the operation;

d) «Host State» means a State in whose territory a United Nations operation in conducted;

e) «Transit State» means a State other than the host State, in whose territory United Nations and associated personnel or their equipment are in transit or temporarily present in connection with a United Nations operation.

Article 2 Scope of application

1 — This Convention applies in respect of United Nations and associated personnel and United Nations operations, as defined in article 1.

2 — This Convention shall not apply to a United Nations operation authorized by the Security Council as an enforcement action under chapter vn of the Charter of the United Nations in which any of the personnel are engaged as combatants against organized armed forces and to which the law of international armed conflict applies.

Article 3 Identification

1 — The military and police components of a United Nations operation and their vehicles, vessels and aircraft shall bear distinctive identification. Other personnel, vehicles, vessels .and aircraft involved in the United Nations operation shall be appropriately identified unless otherwise decide by the Secretary-General of the United Nations.

2 — All United Nations and associated personnel shall carry appropriate identification documents.

Article 4 Agreements on the status of the operation

The host State and the United Nations shall conclude as soon as possible an agreement on the status of the United Nations operation and all personnel engaged in the operation including, inter alia, provisions on privileges and immunities for military and police components of the operation.

Article 5

Transit

A transit State shall facilitate the unimpeded transit of United Nations and associated personnel and their equipment to and from the host State.

Article 6 Respect for laws and regulations

1 — Without prejudice to such privileges and immunities as they may enjoy or to the requirements of their duties, United Nations and associated personnel shall:

a) Respect the laws and regulations of the host State and the transit State, and

b) Refrain from any action or activity incompatible with the impartial and international nature of their duties.