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Adopted and opened for signature,
ratification and accession by General Assembly resolution 2391 (XXIII) of 26
November 1968 entry into force 11 November 1970, in accordance with article
VIII
Preamble
The States Parties to the present Convention,
Recalling resolutions of the General Assembly of the United Nations 3 (I) of
13 February 1946 and 170 (II) of 31 October 1947 on the extradition and
punishment of war criminals, resolution 95 (I) of 11 December 1946 affirming
the principles of international law recognized by the Charter of the
International Military Tribunal, Nurnberg, and the judgement of the
Tribunal, and resolutions 2184(XXI) of 12 December 1966 and 2202(XXI) of 16
December 1966 which expressly condemned as crimes against humanity the
violation of the economic and political rights of the indigenous population
on the one hand and the policies of apartheid on the other,
Recalling resolutions of the Economic and Social Council of the United
Nations 1074 D (XXXIX) of 28 July 1965 and 1158 (XLI) of 5 August 1966 on
the punishment of war criminals and of persons who have committed crimes
against humanity,
Noting that none of the solemn declarations, instruments or conventions
relating to the prosecution and punishment of war crimes and crimes against
humanity made provision for a period of limitation,
Considering that war crimes and crimes against humanity are among the
gravest crimes in international law,
Convinced that the effective punishment of war crimes and crimes against
humanity is an important element in the prevention of such crimes, the
protection of human rights and fundamental freedoms, the encouragement of
confidence, the furtherance of co-operation among peoples and the promotion
of international peace and security,
Noting that the application to war crimes and crimes against humanity of the
rules of municipal law relating to the period of limitation for ordinary
crimes is a matter of serious concern to world public opinion, since it
prevents the prosecution and punishment of persons responsible for those
crimes,
Recognizing that it is necessary and timely to affirm in international law,
through this Convention, the principle that there is no period of limitation
for war crimes and crimes against humanity, and to secure its universal
application,
Have agreed as follows:
Article 1
No statutory limitation shall apply to the following crimes, irrespective of
the date of their commission:
(a) War crimes as they are defined in the Charter of the International
Military Tribunal, Nurnberg, of 8 August 1945 and confirmed by resolutions 3
(1) of 13 February 1946 and 95 (I) of 11 December 1946 of the General
Assembly of the United Nations, particularly the "grave breaches" enumerated
in the Geneva Conventions of 12 August 1949 for the protection of war
victims;
(b) Crimes against humanity whether committed in time of war or in time of
peace as they are defined in the Charter of the International Military
Tribunal, Nurnberg, of 8 August 1945 and confirmed by resolutions 3 (I) of
13 February 1946 and 95 (I) of 11 December 1946 of the General Assembly of
the United Nations, eviction by armed attack or occupation and inhuman acts
resulting from the policy of apartheid, and the crime of genocide as defined
in the 1948 Convention on the Prevention and Punishment of the Crime of
Genocide, even if such acts do not constitute a violation of the domestic
law of the country in which they were committed.
Article 2
If any of the crimes mentioned in article I is committed, the provisions
of this Convention shall apply to representatives of the State authority and
private individuals who, as principals or accomplices, participate in or who
directly incite others to the commission of any of those crimes, or who
conspire to commit them, irrespective of the degree of completion, and to
representatives of the State authority who tolerate their commission.
Article 3
The States Parties to the present Convention undertake to adopt all
necessary domestic measures, legislative or otherwise, with a view to making
possible the extradition, in accordance with international law, of the
persons referred to in article II of this Convention.
Article 4
The States Parties to the present Convention undertake to adopt, in
accordance with their respective constitutional processes, any legislative
or other measures necessary to ensure that statutory or other limitations
shall not apply to the prosecution and punishment of the crimes referred to
in articles 1 and 2 of this Convention and that, where they exist, such
limitations shall be abolished.
Article 5
This Convention shall, until 31 December 1969, be open for signature by any
State Member of the United Nations or member of any of its specialized
agencies or of the International Atomic Energy Agency, by any State Party to
the Statute of the International Court of Justice, and by any other State
which has been invited by the General Assembly of the United Nations to
become a Party to this Convention.
Article 6
This Convention is subject to ratification. Instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
Article 7
This Convention shall be open to accession by any State referred to in
article 5. Instruments of accession shall be deposited with the Secretary-
General of the United Nations.
Article 8
1. This Convention shall enter into force on the ninetieth day after the
date of the deposit with the Secretary-General of the United Nations of the
tenth instrument of ratification or accession.
2. For each State ratifying this Convention or acceding to it after the
deposit of the tenth instrument of ratification or accession, the Convention
shall enter into force on the ninetieth day after the date of the deposit of
its own instrument of ratification or accession.
Article 9
1. After the expiry of a period of ten years from the date on which this
Convention enters into force, a request for the revision of the Convention
may be made at any time by any Contracting Party by means of a notification
in writing addressed to the Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide upon the steps,
if any, to be taken in respect of such a request.
Article 10
1. This Convention shall be deposited with the Secretary-General of the
United Nations.
2. The Secretary-General of the United Nations shall transmit certified
copies of this Convention to all States referred to in article 5.
3. The Secretary-General of the United Nations shall inform all States
referred to in article V of the following particulars:
(a) Signatures of this Convention, and instruments of ratification and
accession deposited under articles 5, 6 and 7;
(b) The date of entry into force of this Convention in accordance with
article 8;
(c) Communications received under article 9.
Article 11
This Convention, of which the Chinese, English, French, Russian and Spanish
texts are equally authentic, shall bear the date of 26 November 1968.
IN WITNESS WHEREOF the undersigned, being duly authorized for that purpose,
have signed this Convention.
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