ARTICLE 8 To cooperate in preventing and punishing the crimes contemplated in Article 2 of this convention, the contracting states accept the following obligations: a. To take all measures within their power, and in conformity with their own laws, to prevent and impede the preparation in their respective territories of the crimes mentioned in Article 2 that are to be carried out in the territory of another contracting state. b. To exchange information and consider effective administrative measures for the purpose of protecting the persons to whom Article 2 of this convention refers. c. To guarantee to every person deprived of his freedom through the application of this convention every right to defend himself. d. To endeavor to have the criminal acts contemplated in this convention included in their penal laws, if not already so included. e. To comply most expeditiously with the requests for extradition concerning the criminal acts contemplated in this convention. ARTICLE 9 This convention shall remain open for signature by the member states of the Organization of American States, as well as by any other state that is a member of the United Nations or any of its specialized agencies, or any state that is a party to the Statute of the International Court of Justice, or any other state that may be invited by the General Assembly of the Organization of American States to sign it. ARTICLE 10 This convention shall be ratified by the signatory states in accordance with their respective constitutional procedures. ARTICLE 11 The original instrument of this convention, the English, French, Portuguese, and Spanish texts of which are equally authentic, shall be deposited in the General Secretariat of the Organization of American States, which shall send certified copies of the signatory governments for purposes of ratification. The instruments of ratification shall be deposited in the General Secretariat of the Organization of American States, which shall notify the signatory governments of such deposit. ARTICLE 12 This convention shall enter into force among the states that ratify it when they deposit their respective instruments of ratifica ARTICLE 13 This convention shall remain in force indefinitely, but any of the contracting states may denounce it. The denunciation shall be transmitted to the General Secretariat of the Organization of American States, which shall notify the other contracting states thereof. One year following the denunciation, the convention shall cease to be in force for the denouncing state, but shall continue to be in force for the other contracting states. STATEMENT OF PANAMA The Delegation of Panama states for the record that nothing in this convention shall be interpreted to the effect that the right of asylum implies the right to request asylum from the United States authorities in the Panama Canal Zone, or that there is recognition of the right of the United States to grant asylum or political refuge in that part of the territory of the Republic of Panama that constitutes the Canal Zone. IN WITNESS WHEREOF, the undersigned plenipotentiaries, having presented their full powers, which have been found to be in due and proper form, sign this convention on behalf of their respective governments, at the city of Washington this second day of February of the year one thousand nine hundred seventy-one. b. Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents 1 Adopted by the United Nations General Assembly December 14, 1973; Signed on behalf of the United States of America December 28, 1973; Ratification advised by the Senate of the United States of America October 28, 1975; Instrument of ratification deposited with the Secretary-General of the United Nations October 27, 1976; Entered into force February 20, 1977 The States Parties to this Convention, Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and the promotion of friendly relations and co-operation among States, Considering that crimes against diplomatic agents and other internationally protected persons jeopardizing the safety of these persons create a serious threat to the maintenance of normal international relations which are necessary for co-operation among States, Believing that the commission of such crimes is a matter of grave concern to the international community, Convinced that there is an urgent need to adopt appropriate and effective measures for the prevention and punishment of such crimes, Have agreed as follows: Article 1 For the purposes of this Convention: (a) a Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, a Head of Government or a Minister for Foreign Affairs, whenever any such person is in a foreign State, as well as members of his family who accompany him; (b) any representative or official of a State or any official or other agent of an international organization of an intergovernmental character who, at the time when and in the place where a crime against him, his official premises, his private accommodation or his means of transport is committed, is entitled pursuant to international law to special protection from any attack on his person, freedom or dignity, as well as members of his family forming part of his household. 2. "alleged offender" means a person as to whom there is sufficient evidence to determine prima facie that he has committed or participated in one or more of the crimes set forth in article 2. 128 UST 1975; TIAS 8532. SECTION 26 Similar facilities to those specified in Section 25 shall be accorded to experts and other persons who, though not the holders of United Nations laissez-passer, have a certificate that they are travelling on the business of the United Nations. SECTION 27 The Secretary-General, Assistant Secretaries-General and Direc tors travelling on United States laissez-passer on the business of the United Nations shall be granted the same facilities as are accorded to diplomatic envoys. SECTION 28 The provisions of this article may be applied to the comparable officials of specialized agencies if the agreements for relationship made under Article 63 of the Charter so provide. ARTICLE VIII-SETTLEMENT OF DISPUTES SECTION 29 The United Nations shall make provisions for appropriate modes of settlement of: (a) disputes arising out of contracts of other disputes of a pri vate law character to which the United Nations is a party; (b) disputes involving any official of the United Nations who by reason of his official position enjoys immunity, if immunity has not been waived by the Secretary-General. SECTION 30 All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties. FINAL ARTICLE SECTION 31 This convention is submitted to every Member of the United Nations for accession. SECTION 32 Accession shall be effected by deposit of an instrument with the Secretary-General of the United Nations and the convention shall * TS 993; 59 Stat. 1063. come into force as regards each Member on the date of deposit of each instrument of accession. SECTION 33 The Secretary-General shall inform all Members of the United Nations of the deposit of each accession. SECTION 34 It is understood that, when an instrument of accession is deposited on behalf of any Member, the Member will be in a position under its own law to give effect to the terms of this convention. SECTION 35 This convention shall continue in force as between the United Nations and every Member which has deposited an instrument of accession for so long as that Member remains a Member of the United Nations, or until a revised general convention has been approved by the General Assembly and that Member has become a party to this revised convention. SECTION 36 The Secretary-General may conclude with any Member or Members supplementary agreements adjusting the provisions of this convention so far as that Member or those Members are concerned. These supplementary agreements shall in each case be subject to the approval of the General Assembly. |