5 DE SETEMBRO DE 1997

1398-(9)

2 — The Secretary-General of the United Nations shall take all appropriate measures to ensure the observance of these obligations.

Article 7

Duty to ensure the safety and security of United Nations and associated personnel

1 — United Nations and associated personnel, their equipment and premises shall not be made the object of attack or of any action that prevents them form discharging their mandate.

2 — States Parties shall take all appropriate measures to ensure the safety and security of United Nations and associated personnel. In particular, States Parties shall take all appropriate steps to protect United Nations and associated personnel who are deployed in their territory from the crimes set out In article 9.

3 — States Parties shall cooperate with the United Nations and other States Parties, as appropriate, in the implementation of this Convention, particularly in any case where the host State is unable itself to take the required measures.

Article 8

Duty to release or return United Nations and associated personnel captured or detained

Except as otherwise provided in an applicable status-of-forces agreement, if United Nations or associated personnel are captured or detained in the course of the performance of their duties and their identification has been established, they shall not be subjected to interrogation and they shall be promptly released and returned to United Nations or other appropriate authorities. Pending their release such personnel shall be treated in accordance with universally recognized standards of human rights and the principles and spirit of the Geneva Conventions of 1949.

Article 9

Crimes against United Nations and associated personnel

1 —The intentional commission of:

a) A murder, kidnapping or other attack upon the person or liberty of any United Nations or associated personnel;

b) A violent attack upon the official premises, the private accommodation or the means of transportation of any United Nations or associated personnel likely to endanger his or her person or liberty;

c) A threat to commit any such attack with the objective of compelling a physical or juridical person to do or to refrain from doing any act;

d) An attempt to commit any such attack; and

e) An act constituting participation as an accomplice in any attack, or in an attempt to commit such attack, or in organizing or ordering others to commit such attack;

shall be made by each State Party a crime under its national law.

2 — Each State Party shall make the crimes set out Vn paragraph 1 punishable by appropriate penalties which shall take into account their grave nature.

Article 10 Establishment of jurisdiction

1 — Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set out in article 9 in the following cases:

a)-When the crime is committed in the territory of that State or on board a ship or aircraft registered in that State;

b) When the alleged offender is a national of that State.

2 — A State Party may also establish its jurisdiction over any such crime when it is committed:

a) By a stateless person whose habitual residence is in that State; or

b) With respect to a national of that State; or

c) In an attempt to compel that State to do or to abstain from doing any act.

3 — Any State Party which has established jurisdiction as mentioned in paragraph 2 shall notify the Secretary-General of the United Nations. If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General of the United Nations.

4 — Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set out in article 9 in cases where the alleged offender is present in its territory and it does not extradite such person pursuant to article 15 do any of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2.

5 — This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 11

Prevention of crimes against United Nations and associated personnel

States Parties shall cooperate in the prevention of the crimes set out in article 9, particularly by:

a) Taking all praticable measures to prevent preparations in their respective territories for the commission of those crimes within or outside their territories; and

b) Exchanging information in accordance with their national law and coordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes.

Article 12 Communication of information

1 — Under the conditions provided for in its national law, the State Party in whose territory a crime set out in article 9 has been committed shall, if it has reason to believe that an alleged offender has fled from its territory, communicate to the Secretary-General of the United Nations and, directly or through the Secretary-General, to the State or States concerned all the pertinent facts regarding the crime committed and all available information regarding the identity of the alleged offender.

2 — Whenever a crime set out in article 9 has been committed, any State Party which has information concerning the victim and circumstances of the crime shall