Section 94p. 94

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

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 person 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 I

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, Nürnberg, 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,

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, Nürnberg, 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, 2 even if such acts

do not constitute a violation of the domestic law of the

country in which they were committed.

ARTICLE II

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 III

The State 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 IV

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 I and II of

this

Convention

and

that,

where

they

exist,

such

limitations shall be abolished.

ARTICLE V

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 VI

This Convention is subject to ratification. Instruments of

ratification shall be deposited with the Secretary-General

of the United Nations.

ARTICLE VII

This Convention shall be open to accession by any State

referred to in article V. Instruments of accession shall be

deposited

with

the

Secretary-General

of

the United

Nations.

ARTICLE VIII

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 IX

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 X

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 V.

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 V, VI

and VII;

( b ) The date of entry into force of this Convention in

accordance with article VIII;

( c ) Communications received under article IX.

ARTICLE XI

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.

(Convention

on

the

Non-Applicability

of

Statutory

Limitations

to

War

Crimes

and

Crimes

Against

Humanity, [November 26, 1968])

Treaty on the Non-proliferation of

Nuclear Weapons

July 1, 1968

© Compiled by RGL

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