| 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.
|