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T.Doc.107-2 PROTOCOL AMENDING 1949 CONVENTION OF INTER-AMERICAN TROPICAL TUNA ...


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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.

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