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The International Convention against the Recruitment, Use, Financing, and Training of Mercenaries
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offence
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... Affirming that the
recruitment
, use,
financing
and
training
of
mercenaries
should be considered as
offences
of
grave
concern
to all
States
and that any
person
committing any of these-
offences
should be either
prosecuted
or
extradited
, ...
... Affirming that the
recruitment
, use,
financing
and
training
of
mercenaries
should be considered as
offences
of
grave
concern
to all
States
and that any
person
committing any of these-
offences
should be either
prosecuted
or
extradited
, ...
... Convinced of the necessity to develop and enhance
international
co-operation
among
States
for the
prevention
,
prosecution
and
punishment
of such
offences
, ...
ARTICLE-2
[
go to this ARTICLE
]
... Any
person
who
recruits
, uses,
finances
or trains
mercenaries
, as defined in
article
1
of the present
Convention
, commits an
offence
for the
purposes
of the
Convention
. ...
ARTICLE-3
[
go to this ARTICLE
]
... 1. A
mercenary
, as defined in
article
1
of the present
Convention
, who participates directly in
hostilities
or in a concerted
act
of
violence
, as the
case
may be, commits an
offence
for the
purposes
of the
Convention
. ...
ARTICLE-4
[
go to this ARTICLE
]
... An
offence
is committed by any
person
who: ...
... (a)
Attempts
to commit one of the
offences
set forth in the present
Convention
; ...
... (b) Is the accomplice of a
person
who commits or
attempts
to commit any of the
offences
set forth in the present
Convention
. ...
ARTICLE-5
[
go to this ARTICLE
]
... 3. They shall make the
offences
set forth in the present
Convention
punishable by appropriate
penalties
which take into
account
the
grave nature
of those
offences
. ...
... 3. They shall make the
offences
set forth in the present
Convention
punishable by appropriate
penalties
which take into
account
the
grave nature
of those
offences
. ...
ARTICLE-6
[
go to this ARTICLE
]
...
States Parties
shall
co-operate
in the
prevention
of the
offences
set forth in the present
Convention
, particularly by : ...
... (a) Taking all practicable
measures
to
prevent
preparations
in their respective
territories
for the
commission
of those
offences
within or outside their
territories
,
including
the
prohibition
of
illegal
activities
of
persons
,
groups
and
organizations
that
encourage
, instigate, organize or engage in the perpetration of such
offences
; ...
... (a) Taking all practicable
measures
to
prevent
preparations
in their respective
territories
for the
commission
of those
offences
within or outside their
territories
,
including
the
prohibition
of
illegal
activities
of
persons
,
groups
and
organizations
that
encourage
, instigate, organize or engage in the perpetration of such
offences
; ...
... (b) Co-ordinating the taking of
administrative
and other
measures
as appropriate to
prevent
the
commission
of those
offences
. ...
ARTICLE-8
[
go to this ARTICLE
]
... Any
State Party
having
reason
to believe that one of the
offences
set forth in the present
Convention
has been, is being or will be committed shall, in
accordance
with its
national law
,
communicate
the
relevant
information
, as soon as it comes to its
knowledge
, directly or through the
Secretary-General of the United Nations
, to the
States Parties
affected
. ...
ARTICLE-9
[
go to this ARTICLE
]
... 1. Each
State Party
shall take such
measures
as may be necessary to
establish
its
jurisdiction
over any of the
offences
set forth in the present
Convention
which are committed : ...
... 2. Each
State Party
shall likewise take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
set forth in
articles
2
,
3
and
4
of the present
Convention
in
cases
where the alleged
offender
is present in its
territory
and it does note
extradite
him to any of the
States
mentioned in paragraph 1 of this
article
. ...
ARTICLE-10
[
go to this ARTICLE
]
... (a) The
State Party
where the
offence
was committed; ...
... (b) The
State Party
against which the
offence
has been directed or attempted; ...
... (c) The
State Party
of which the
natural
or
juridical
person
against whom the
offence
has been directed or attempted is a
national
; ...
ARTICLE-11
[
go to this ARTICLE
]
... Any
person
regarding whom
proceedings
are being carried out in
connection
with any of the
offences
set forth in the present
Convention
shall be
guaranteed
at all stages of the
proceedings
fair treatment
and all the
rights
and
guarantees
provided for in the
law
of the
State
in
question
. Applicable
norms
of
international law
should be taken into
account
. ...
ARTICLE-12
[
go to this ARTICLE
]
... The
State Party
in whose
territory
the alleged
offender
is found shall, if it does not
extradite
him, be obliged, without
exception
whatsoever and whether or not the
offence
was committed in its
territory
, to submit the
case
to its
competent authorities
for the
purpose
of
prosecution
, through
proceedings
in
accordance
with the
laws
of that
State
. Those
authorities
shall take their
decision
in the same
manner
as in the
case
of any other
offence
of a
grave nature
under the
law
of that
State
. ...
... The
State Party
in whose
territory
the alleged
offender
is found shall, if it does not
extradite
him, be obliged, without
exception
whatsoever and whether or not the
offence
was committed in its
territory
, to submit the
case
to its
competent authorities
for the
purpose
of
prosecution
, through
proceedings
in
accordance
with the
laws
of that
State
. Those
authorities
shall take their
decision
in the same
manner
as in the
case
of any other
offence
of a
grave nature
under the
law
of that
State
. ...
ARTICLE-13
[
go to this ARTICLE
]
... 1.
States Parties
shall afford one another the
greatest
measure
of
assistance
in
connection
with
criminal proceedings
brought in
respect
of the
offences
set forth in the present
Convention
,
including
the
supply
of all
evidence
at their
disposal
necessary for the
proceedings
. The
law
of the
State
whose
assistance
is requested shall apply in all
cases
. ...
ARTICLE-15
[
go to this ARTICLE
]
... 1. The
offences
set forth in
articles
2, 3 and 4 of the present
Convention
shall be deemed to be
included
as
extraditable offences
in any
extradition
treaty
existing
between
States Parties
.
States Parties
undertake
to
include
such
offences
as
extraditable offences
in every
extradition
treaty
to be concluded between them. ...
... 1. The
offences
set forth in
articles
2, 3 and 4 of the present
Convention
shall be deemed to be
included
as
extraditable offences
in any
extradition
treaty
existing
between
States Parties
.
States Parties
undertake
to
include
such
offences
as
extraditable offences
in every
extradition
treaty
to be concluded between them. ...
... 1. The
offences
set forth in
articles
2, 3 and 4 of the present
Convention
shall be deemed to be
included
as
extraditable offences
in any
extradition
treaty
existing
between
States Parties
.
States Parties
undertake
to
include
such
offences
as
extraditable offences
in every
extradition
treaty
to be concluded between them. ...
... 1. The
offences
set forth in
articles
2, 3 and 4 of the present
Convention
shall be deemed to be
included
as
extraditable offences
in any
extradition
treaty
existing
between
States Parties
.
States Parties
undertake
to
include
such
offences
as
extraditable offences
in every
extradition
treaty
to be concluded between them. ...
... 2. If a
State Party
which makes
extradition
conditional on the existence of a
treaty
receives a
request for extradition
from another
State Party
with which it has no
extradition
treaty
, it may at its option consider the present
Convention
as the
legal basis for extradition
in
respect
of those
offences
.
Extradition
shall be
subject
to the other
conditions
provided by the
law
of the requested
State
. ...
... 3.
States Parties
which do not make
extradition
conditional on the existence of a
treaty
shall recognize those
offences
as
extraditable offences
between themselves,
subject
to the
conditions
provided by the
law
of the requested
State
. ...
... 3.
States Parties
which do not make
extradition
conditional on the existence of a
treaty
shall recognize those
offences
as
extraditable offences
between themselves,
subject
to the
conditions
provided by the
law
of the requested
State
. ...
... 4. The
offences
shall be treated, for the
purpose
of
extradition
between
States Parties
, as if they had been committed not only in the
place
in which they occurred but also in the
territories
of the
State
required to
establish
their
jurisdiction
in
accordance
with
article
9
of the present
Convention
. ...
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