 United
Nations: Convention on the Prevention and Punishment of the Crime of Genocide
December 09, 1948 (website)
Adopted by Resolution 260 (III) A of the United Nations
General Assembly on 9 December 1948.
PREAMBLE
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.
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..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:
- Killing members of the group;
- Causing serious bodily or
mental harm to members of the group;
- Deliberately inflicting on the
group conditions of life calculated to bring about its
physical destruction in whole or in part;
- Imposing measures intended to
prevent births within the group;
- Forcibly transferring children
of the group to another group.
Article 3The following acts shall be punishable:
- Genocide;
- Conspiracy to commit genocide;
- Direct and public incitement
to commit genocide;
- Attempt to commit genocide;
- Complicity in genocide.
Article 4Persons 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.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.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.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.
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.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.The present Convention, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall bear the
date of 9 December 1948.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.
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.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.
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.
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.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.
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:
- Signatures, ratifications and
accessions received in accordance with Article 11;
- Notifications received in
accordance with Article 12;
- The date upon which the
present Convention comes into force in accordance with
Article 13;
- Denunciations received in
accordance with Article 14;
- The abrogation of the
Convention in accordance with Article 15;
- Notifications received in
accordance with Article 16.
Article 18The 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.
The present Convention shall be registered by the
Secretary-General of the United Nations on the date of its
coming into force.
Adopted and proclaimed by General Assembly resolution 260 (III)
A
on December 09, 1948.
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