TRATTATI
CONVENTION ON THE PREVENTION
AND PUNISHMENT OF THE CRIME OF GENOCIDE
Approved and proposed for signature and ratification or accession by
General Assembly resolution 260 A (III) of 9 December 1948
entry into force 12 January 1951, in accordance with article XIII
The Contracting Parties,
Having considered the declaration made
by the General Assembly of the United Nations in its resolution 96 (I)
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 III 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 III.
Article 6
Persons charged with genocide or any of the other acts
enumerated in article III 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 III
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 III.
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 for any of the other acts enumerated in article III, 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 nonmember 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 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 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 XI 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 XI.
Article 19
The present Convention shall be registered by the Secretary-General
of the United Nations on the date of its coming into force.
Fonte: http://www.ohchr.org
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