Preamble
The States Parties to the present Convention,
Recalling resolutions of the General Assembly of the United Nations 3
(I) of 13 February 1946 and 170 (II) of 31 October 1947 on the extradition and punishment
of war criminals, resolution 95 (I) of 11 December 1946 affirming the
principles of international law recognized by the Charter of the International
Military Tribunal, Nurnberg, and the judgement of the Tribunal, and resolutions 2184(XXI) of 12 December
1966 and 2202(XXI) of 16 December 1966 which expressly condemned as crimes
against humanity the violation of the economic and political rights of the
indigenous population on the one hand and the policies of apartheid on the
other,
Recalling resolutions of the Economic and Social Council of the United
Nations 1074 D (XXXIX) of 28 July 1965 and 1158 (XLI) of 5 August 1966 on the
punishment of war criminals and of persons who have committed crimes against
humanity,
Noting that none of the solemn declarations, instruments or
conventions relating to the prosecution and punishment of war crimes and crimes
against humanity made provision for a period of limitation,
Considering that war crimes and crimes against humanity are among the
gravest crimes in international law,
Convinced that the effective punishment of war crimes and crimes
against humanity is an important element in the prevention of such crimes, the
protection of human rights and fundamental freedoms, the encouragement of
confidence, the furtherance of co-operation among peoples and the promotion of
international peace and security,
Noting that the application to war crimes and crimes against humanity
of the rules of municipal law relating to the period of limitation for ordinary
crimes is a matter of serious concern to world public opinion, since it
prevents the prosecution and punishment of persons responsible for those
crimes,
Recognizing that it is necessary and timely to affirm in international
law, through this Convention, the principle that there is no period of
limitation for war crimes and crimes against humanity, and to secure its
universal application,
Have agreed as follows:
Article 1
No statutory limitation shall apply to the following crimes,
irrespective of the date of their commission:
(a) War crimes as they are defined in the Charter of the International
Military Tribunal, Nurnberg, of 8 August 1945 and
confirmed by resolutions 3 (1) of 13 February 1946 and 95 (I) of 11 December
1946 of the General Assembly of the United Nations, particularly the
"grave breaches" enumerated in the Geneva Conventions of 12 August
1949 for the protection of war victims;
(b) Crimes against humanity whether committed in time of war or in
time of peace as they are defined in the Charter of the International Military
Tribunal, Nurnberg, of 8 August 1945 and confirmed by
resolutions 3 (I) of 13 February 1946 and 95 (I) of 11 December 1946 of the
General Assembly of the United Nations, eviction by armed attack or occupation
and inhuman acts resulting from the policy of apartheid, and the crime of
genocide as defined in the 1948 Convention on the Prevention and Punishment of
the Crime of Genocide, even if such acts do not constitute a violation of the
domestic law of the country in which they were committed.
Article 2
If any of the crimes mentioned in article I is committed, the
provisions of this Convention shall apply to representatives of the State
authority and private individuals who, as principals or accomplices,
participate in or who directly incite others to the commission of any of those
crimes, or who conspire to commit them, irrespective of the degree of
completion, and to representatives of the State authority who tolerate their
commission.
Article 3
The States Parties to the present Convention undertake to adopt all
necessary domestic measures, legislative or otherwise, with a view to making
possible the extradition, in accordance with international law, of the persons
referred to in article II of this Convention.
Article 4
The States Parties to the present Convention undertake to adopt, in
accordance with their respective constitutional processes, any legislative or
other measures necessary to ensure that statutory or other limitations shall
not apply to the prosecution and punishment of the crimes referred to in
articles 1 and 2 of this Convention and that, where they exist, such
limitations shall be abolished.
Article 5
This Convention shall, until 31 December 1969, be open for signature
by any State Member of the United Nations or member of any of its specialized
agencies or of the International Atomic Energy Agency, by any State Party to
the Statute of the International Court of Justice, and by any other State which
has been invited by the General Assembly of the United Nations to become a
Party to this Convention.
Article 6
This Convention is subject to ratification. Instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
Article 7
This Convention shall be open to accession by any State referred to in
article 5. Instruments of accession shall be deposited with the Secretary-
General of the United Nations.
Article 8
1. This Convention shall enter into force on the ninetieth day after
the date of the deposit with the Secretary-General of the United Nations of the
tenth instrument of ratification or accession.
2. For each State ratifying this Convention or acceding to it after
the deposit of the tenth instrument of ratification or accession, the
Convention shall enter into force on the ninetieth day after the date of the
deposit of its own instrument of ratification or accession.
Article 9
1. After the expiry of a period of ten years from the date on which
this Convention enters into force, a request for the revision of the Convention
may be made at any time by any Contracting Party by means of a notification in
writing addressed to the Secretary-General of the United Nations. 2. The
General Assembly of the United Nations shall decide upon the steps, if any, to
be taken in respect of such a request.
Article 10
1. This Convention shall be deposited with the Secretary-General of
the United Nations.
2. The Secretary-General of the United Nations shall transmit
certified copies of this Convention to all States referred to in article 5.
3. The Secretary-General of the United Nations shall inform all States
referred to in article V of the following particulars:
(a) Signatures of this Convention, and instruments of ratification and
accession deposited under articles 5, 6 and 7;
(b) The date of entry into force of this Convention in accordance with
article 8;
(c) Communications received under article 9.
Article 11
This Convention, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall bear the date of
IN WITNESS WHEREOF the undersigned, being duly authorized for that
purpose, have signed this Convention.
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High Commissioner
for Human Rights