| Home > 107th Congressional Documents > T.Doc.107-2 PROTOCOL AMENDING 1949 CONVENTION OF INTER-AMERICAN TROPICAL TUNA ...
T.Doc.107-2 PROTOCOL AMENDING 1949 CONVENTION OF INTER-AMERICAN TROPICAL TUNA ...
107th Congress Treaty Doc. SENATE 1st Session 107-1 _______________________________________________________________________ CONVENTION ON SAFETY OF U.N. AND ASSOCIATED PERSONNEL __________ MESSAGE from THE PRESIDENT OF THE UNITED STATES transmitting CONVENTION ON THE SAFETY OF UNITED NATIONS AND ASSOCIATED PERSONNEL, SUBJECT TO AN UNDERSTANDING AND A RESERVATION, ADOPTED BY THE UNITED NATIONS GENERAL ASSEMBLY BY CONSENSUS ON DECEMBER 9, 1994, AND SIGNED ON BEHALF OF THE UNITED STATES OF AMERICA ON DECEMBER 19, 1994. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> January 3, 2001.--Convention was read the first time, and together with the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate __________ U.S. GOVERNMENT PRINTING OFFICE 89-118 WASHINGTON : 2001 LETTER OF TRANSMITTAL ---------- The White House, January 3, 2001. To the Senate of the United States: I transmit herewith, with a view to receiving the advice and consent of the Senate to ratification, subject to an understanding and a reservation, the Convention on the Safety of United Nations and Associated Personnel adopted by the United Nations General Assembly by consensus on December 9, 1994, and signed on behalf of the United States of America on December 19, 1994. The report of the Department of State with respect to the Convention is also transmitted for the information of the Senate. Military peacekeepers, civilian police, and others associated with United Nations operations are often subject to attack by persons who perceive political benefits from directing violence against United Nations operations. The world has witnessed a serious escalation of such attacks, resulting in numerous deaths and casualties. This Convention is designed to provide a measure of deterrence against these attacks, by creating a regime of universal criminal jurisdiction for offenses of this type. Specifically, the Convention creates a legal mechanism that requires submission for prosecution or extradition of persons alleged to have committed attacks and other offenses listed under the Convention against United Nations and associated personnel. This Convention provides a direct benefit to United States Armed Forces and to U.S. civilians participating in peacekeeping activities by including within its coverage a number of types of operations pursuant to United Nations mandates in which the United States and U.S. military and civilians have participated in the past. If the United States were to participate in operations under similar conditions in the future, its forces and civilians would receive the benefits created by this instrument. The Convention covers not only forces under U.N. command, but associated forces under national command or multinational forces present pursuant to a United Nations mandate. In situations such as we have seen in Somalia, the former Yugoslavia, and Haiti, certain attacks on these associated forces would now be recognized as criminal acts, subjecting the attackers to prosecution in or extradition by any State that is a party to the Convention. As a result, the international community has taken a significant practical step to redress these incidents. In doing so, we recognize the fact that attacks on peacekeepers who represent the international community are violations of law and cannot be condoned. By creating obligations and procedures that increase the likelihood of prosecution of those who attack peacekeeping personnel, this Convention fulfills an important objective under my Directive for Reforming Multilateral Peace Operations of May 1994, which directs that the United States seek additional legal protections for United States peacekeeping personnel. The recommended legislation, necessary to implement the Convention, will be submitted to the Congress separately. I recommend that the Senate give early and favorable consideration to this Convention subject to the understanding and reservation that are described in the accompanying report of the Department of State, and give its advice and consent to ratification. William J. Clinton. LETTER OF SUBMITTAL ---------- Department of State, Washington, November 8, 2000. The President, The White House. The President: I have the honor to submit to you, with a view to its transmission to the Senate for advice and consent to ratification, subject to an understanding and a reservation, the Convention on the Safety of United Nations and Associated Personnel, adopted by the United Nations General Assembly by consensus on December 9, 1994, and signed on behalf of the United States of America on December 19, 1994. Pursuant to proposals by New Zealand and Ukraine, the United Nations General Assembly adopted Resolution 48/37 on December 9, 1993, which established an ad hoc committee, open to all States, to draft an international convention dealing with the safety and security of United Nations and associated personnel. During 1994, the ad hoc committee made substantial progress, and remaining issues were resolved by a working group of the Sixth (Legal) Committee of the General Assembly. The Convention was adopted by consensus by the full Sixth Committee on November 16, 1994, and by the General Assembly on December 9, 1994. It was opened for signature at the U.N. Headquarters on December 15, 1994. The Convention entered into force on January 15, 1999. The Convention was drafted and negotiated on an urgent basis because of the increasing number of attacks on peacekeeping personnel acting pursuant to U.N. mandates, and the lack of effective legal remedies to address such attacks. Although persons who attack peacekeeping personnel usually violate the domestic law of the State in which the attack occurs, host States for U.N. operations often do not have the capacity or will to investigate and prosecute these individuals. By creating a regime of universal jurisdiction over such attacks, the Convention makes it more likely that persons who commit these grave offenses will be punished. The Convention addresses attacks against United Nations and associated personnel, including certain multinational and national forces when they are engaged, deployed or assigned to carry out activities in support of the fulfillment of the mandate of a United Nations operation. The Convention does not cover those enforcement actions under Chapter VII of the U.N. Charter that involve international armed conflict in which the United Nations or associated personnel are engaged as combatants. The Convention creates a legal mechanism which requires submission for prosecution or extradition of persons alleged to have committed attacks and other offenses against United Nations and associated personnel as specified under the Convention. This mechanism is essentially the same as that used in a number of other Conventions involving crimes often committed by terrorists--including the Hague Convention for the Suppression of Unlawful Seizure of Aircraft of 1970, the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation of 1971, the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents of 1973 and the International Convention Against the Taking of Hostages of 1979. The United States is a party to each of these conventions. Many of the provisions of the new Convention are modeled on the provisions of these other conventions. The major features of the Convention may be summarized as follows: Definitions and Scope of Application In terms of its scope, Article 2(1) of the Convention provides that it applies in respect of ``United Nations and associated personnel'' and ``United Nations operations'' as those terms are defined in Article 1. Article 1 defines``United Nations personnel'' as persons engaged or deployed by the Secretary- General of the United Nations as members of the military, police or civilian components of a United Nations operation, as well as other officials and experts on mission of the United Nations or its specialized agencies or the International Atomic Energy Agency, who are present in an official capacity in the area where a United Nations operation is being conducted. ``Associated personnel'' is defined as persons assigned by a Government or an intergovernmental organization with the agreement of the competent organ of the United Nations, persons engaged by the Secretary-General of the United Nations or by a specialized agency or by the International Atomic Energy Agency, and persons deployed by a humanitarian non-governmental organization or agency under an agreement with the Secretary-General of the United Nations or with a specialized agency or with the International Atomic Energy Agency. To be protected under the Convention, both U.N. and associated personnel must be assigned, engaged or deployed to carry out activities in support of the fulfillment of the mandate of a United Nations operation. ``United Nations operation'' is defined under Article 1 as an operation established by the competent organ of the United Nations in accordance with the Charter of the United Nations and conducted under United Nations authority and control (i) where the operation is for the purpose of maintaining or restoring international peace and security, or (ii) where the Security Council or the General Assembly has declared, for the purposes of this Convention, that there exists an exceptional risk to the safety of the personnel participating in the operation. Under these definitions, therefore, the Convention applies to United Nations personnel engaged or deployed to carry out activities in support of the fulfillment of a U.N. mandate and who act under the authority and control of the United Nations. These individuals are commonly known as ``blue-hats.'' By virtue of its application to ``associated personnel,'' which can include multinational and national forces, the Convention covers not only these U.N. ``blue-hatted'' forces, but also forces and certain other personnel associated with a U.N. operation if they are assigned, engaged or deployed to carry out activities in support of the fulfillment of the mandate of the United Nations. Thus, the Convention should be read to cover personnel engaged in activities in support of the mandate of a U.N. operation, even in the absence of ``blue-hatted'' personnel. The United States intends to implement the Convention in a manner that will cover all those who assist in the maintenance or restoration of international peace and security pursuant to a U.N. mandate, and who are not excluded by virtue of Article 2(2) of the Convention. To ensure that this is clear to our treaty partners, I recommend that the following understanding to Article 1(b) be included in the United States instrument of ratification: The United States understands that associated personnel within the meaning of Article 1(b) includes all persons assigned, engaged or deployed to carry out activities in support of the fulfillment of the mandate of a United Nations operation, with respect to whom the application of the Convention has not been excluded pursuant to Article 2(2), without regard to the presence or absence of United Nations personnel engaged or deployed as members of a military component of a United Nations operation. As noted above, a United Nations operation is an operation established by the competent organ of the United Nations and conducted under U.N. authority and control. An operation under U.N. authority and control might include, for example, one in which the operation's mandate is derived from Security Council action and includes detailed authority for national or multinational forces to take actions in fulfillment of a U.N. mandate. Although a determination of whether an offense is prosecutable under the Convention depends on a careful review of the facts and circumstances of the particular case, as a general matter NATO assistance to the U.N. Protection Force (UNPROFOR) in the former Yugoslavia, United States assistance under theUnified Task Force in Somalia (UNITAF), and the participation of the United States and others in the Multinational Force assisting the United Nations Mission in Haiti (UNMIH) would have rendered the relevant U.S. forces ``associated personnel'' within the meaning of the Convention had the Convention been in force at the relevant time. It also would cover operations in which the United States has been involved since the Convention came into force, for example U.N. operations in Bosnia and Kosovo. Pursuant to Article 2(2), the Convention does not apply to a U.N. operation authorized by the Security Council as an enforcement action under Chapter VII of the Charter of the United Nations in which any personnel are engaged as combatants against organized armed forces and to which the law of international armed conflict applies. Thus, when personnel of a United Nations operation are engaged as combatants (like the conflict with Iraq in ``Desert Storm''), they are covered by the laws of armed conflict, including the grave breaches provisions of the Geneva Conventions of 1949. Article 2(2)' phrases ``to which the law of international armed conflict applies,'' refers to the standard found in common article 2 of the 1949 Geneva Conventions and, thereby making it clear that this Convention does not apply to situations covered by common article 2 of the Geneva Conventions. The United States specifically sought to achieve just this type of dividing line. As a result, in enforcement actions under Chapter VII of the U.N. Charter where any of the personnel are combatants in a conflict ``to which the law of international armed conflict applies'', the law of armed conflict will define the responsibilities and relationships between and among the parties to the conflict. When common article 2 of the Geneva Convention does not apply, for example in situations where personnel of a United Nations operation are not engaged as combatants or are deployed in situations involving internal armed conflicts, this Convention applies and serves to criminalize attacks on United Nations and associated personnel, their means of transportation, equipment and premises. In addition the Convention criminalizes attempts or threats to do any of the above, the ordering or organizing of others to commit such attacks, as well as participation as an accomplice in any attack or attempt. The Convention's Article 2(2) also makes clear that the law of international armed conflict, rather than the Convention, applies if any personnel are engaged as combatants in the conflict described in that Article pursuant to Chapter VII. Thus, only when any of the U.N. or associated personnel participating in an operation are engaged as combatants, does this Convention cease to apply for all such personnel. As a result, it is easier for participants in an operation to know under which legal protective regime they fall in a given situation, and to conform their conduct accordingly.
Other Popular 107th Congressional Documents Documents:
|GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.|
Supreme Court Decisions
104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents
1994 Presidential Documents