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. |