« ÎnapoiContinuați »
reviewed by the Committee on Contributions in 1949 and a report submitted for the consideration of the General Assembly at its next regular session;
4. That, in view of the fact that Burma was admitted to membership in the United Nations on 19 April 1948, it shall contribute for the first year of membership two-thirds of its percentage assessment for 1949 applied to the budget for 1948;
5. That Switzerland, having become a party to the Statute of the International Court of Justice on 28 July 1948, shall contribute 1.65 per cent of the expenses of the Court for 1949 and 50 per cent of the assessment of 1.65 per cent of the expenses of the Court for 1948, these assessments having been established after consultation with the Swiss Government, in accordance with General Assembly resolution 91 (I) of 11 December 1946.
16. Reparation for Injuries Suffered in the Service of the
United Nations [The Assembly in this resolution submits to the International Court of Justice for an advisory opinion the question of whether or not the United Nations, in the event of its agent's suffering injury in circumstances involving responsibility of a state, has the capacity to bring an international claim against the responsible government to obtain the reparation due, in respect of the damage caused both to the United Nations and to the victim. A second question submitted to the Court involves the reconciliation of the interest of the United Nations with that of the state of which the victim was a national.
This resolution was adopted on December 3 by 53 affirmative votes.}
WHEREAS the series of tragic events which have lately befallen agents of the United Nations engaged in the performance of their duties raises, with greater urgency than ever, the question of the arrangements to be made by the United Nations with a view to ensuring to its agents the fullest measure of protection in the future and ensuring that reparation be made for the injuries suffered; and
WHEREAS it is highly desirable that the Secretary-General should be able to act without question as efficaciously as possible with a view to obtaining any reparation due; therefore
The General Assembly
Decides to submit the following questions to the International Court of Justice for an advisory opinion:
"I. In the event of an agent of the United Nations in the performance of his duties suffering injury in circumstances involving the responsibility of a State, has the United Nations, as an Organization, the capacity to bring an international claim against the responsible de jure or de facto Government with a view to obtaining the reparation due in respect of the damage caused (a) to the United Nations, (b) to the victim or to persons entitled through him?
“II. In the event of an affirmative reply on point I (b), how is action by the United Nations to be reconciled with such rights as may be possessed by the State of which the victim is a national ?"
Instructs the Secretary-General, after the Court has given its opinion, to prepare proposals in the light of that opinion, and to submit them to the General Assembly at its next regular session.
17. Draft Convention on Genocide
[The Assembly, in three resolutions, adopted a convention on the prevention and punishment of the crime of genocide; invited the International Law Commission to study the desirability of establishing an international judicial organ for the trial of persons charged with genocide; and recommended the extension of the provisions of the convention to dependent territories under the administration of parties to the convention.
The convention proper was adopted unanimously; the resolution calling for study of the possibility of an international judicial organ was adopted by a vote of 43 to 6, with 3 abstentions; the third resolution, on the application of the convention to dependent territories, was adopted by a vote of 50 to 0, with 1 abstention. The action on the three resolutions was taken on December 9.]
RESOLUTION RELATING TO THE ADOPTION OF THE CONVENTION ON
THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE, AND TEXT OF THE CONVENTION
The General Assembly
Approves the annexed Convention on the Prevention and Punishment of the Crime of Genocide and proposes it for signature and ratification or accession in accordance with its article XI.
CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME
OF GENOCIDE 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 :
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.
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 III 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.
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.
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.
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.
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.
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.
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 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 X The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of
ARTICLE XI The present Convention shall be opened until 31 December 1949 for signature on behalf of any Member of the United Nations and of any non-member 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 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 SecretaryGeneral of the United Nations.
ARTICLE XII 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.
On the day when the first twenty instruments of ratification or accession have been deposited, the Secretary-General shall draw up a procès-verbal and transmit a copy of it to each Member of the United Nations and to each of the non-member States contemplated in article XI.
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.