New York, 9 December 1994
Objectives
The 1994 Convention on the Safety of United Nations and Associated Personnel was
adopted against a background of a dramatic increase in the number of fatalities
of United Nations and Associated Personnel participating in United Nations
operations. It is aimed at strengthening the legal protection afforded to such
United Nations and Associated Personnel, preventing attacks committed against
them and punishing those who have committed such attacks.
Key Provisions
The Convention prohibits any attack against United Nations and Associated
Personnel and premises, and imposes upon the parties the responsibility for
taking the appropriate measures to ensure their safety and security. The
Convention criminalizes any of the following acts: murder, kidnapping or other
attacks upon the person or liberty of the United Nations and associated
personnel, the official premises, private accommodation or the means of
transportation of such personnel, or a threat or an attempt to commit any such
act. States parties are bound to make these acts punishable by law with
appropriate penalties, taking into account their grave nature.
The Convention establishes the principle of "prosecute or extradite".
Accordingly, each State party is bound to either prosecute the offender present
in its territory or extradite him to any other State party having jurisdiction
over the offender.
The Convention is applicable in respect of United Nations operations and United
Nations and Associated Personnel. A "United Nations operation" is defined as an
operation established by the competent organ of the United Nations in accordance
with the Charter of the United Nations, and conducted under United Nations
authority and control for the purpose of maintaining or restoring international
peace and security; or where the Security Council or the General Assembly has
declared that there exists an exceptional risk to the safety of the personnel
participating in the operation.
The term "United Nations personnel" is defined as persons engaged or deployed by
the Secretary-General of the United Nations as members of the United Nations
operation, and other officials and experts on mission for the United Nations or
its specialized agencies who are present in an official capacity in the area
where a United Nations operation is being conducted. The term "United Nations
Associated Personnel" is defined as persons assigned by a Government or an
intergovernmental organization with the agreement of the competent organ of the
United Nations; those engaged by the Secretary-General of the United Nations or
by a specialized agency; and those deployed by a humanitarian non-governmental
organization or agency under an agreement with the Secretary-General of the
United Nations or with a specialized agency to carry out activities in support
of the fulfilment of the mandate of a United Nations operation.
United Nations operations excluded from the scope of the Convention are those
authorized by the Security Council as an enforcement action under Chapter VII of
the Charter of the United Nations, in which any of the personnel are engaged as
combatants against armed forces and to which the law of international armed
conflict applies. Enforcement actions carried out in situations of internal
armed conflict are thus included within the scope of the Convention and are
subject to its protective regime.
Members of United Nations operations excluded under article 2 from the scope of
application of the Convention are not for all of that denied protection. Rather,
in times of armed conflict they are protected and bound by the principles and
rules of international humanitarian law applicable to such conflicts. Article 20
(a) provides in this connection that nothing in the Convention shall affect the
applicability of international humanitarian law in relation to protection of
United Nations operations and United Nations and Associated Personnel, or the
responsibility of such personnel to respect such law and standards.