United Nations CONVENTION
AGAINST TORTURE
and Other Cruel, Inhuman or Degrading
Treatment or Punishment
G.A. res. 39/46, [annex, 39
U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984)], entered into
force June 26, 1987
Upon signature : Declaration:
"The Government of the United States of
America reserves the right to communicate, upon ratification, such reservations,
interpretive understandings, or declarations as are deemed necessary."
Ratified by the United States of America
October 21, 1994: Upon
ratification : Reservations:
"I. The Senate's advice and consent is
subject to the following reservations:
(1) That the United States considers itself
bound by the obligation under article 16 to prevent
'cruel, inhuman or degrading treatment or punishment', only insofar as the term
`cruel, inhuman or degrading treatment or punishment' means the cruel, unusual
and inhumane treatment or punishment prohibited by the Fifth, Eighth, and/or
Fourteenth Amendments to the Constitution of the United States.
(2) That pursuant to
article 30 (2) the United States declares that it
does not consider itself bound by Article 30 (1),
but reserves the right specifically to agree to follow this or any other
procedure for arbitration in a particular case.
II. The Senate's advice and consent is
subject to the following understandings, which shall apply to the obligations of
the United States under this Convention:
(1) (a) That with reference to
article 1, the United States understands that, in order
to constitute torture, an act must be specifically intended to inflict severe
physical or mental pain or suffering and that mental pain or suffering refers to
prolonged mental harm caused by or resulting from (1) the intentional infliction
or threatened infliction of severe physical pain or suffering; (2) the
administration or application, or threatened administration or application, of
mind altering substances or other procedures calculated to disrupt profoundly
the senses or the personality; (3) the threat of imminent death; or (4) the
threat that another person will imminently be subjected to death, severe
physical pain or suffering, or the administration or application of mind
altering substances or other procedures calculated to disrupt profoundly the
senses or personality.
(b) That the United States understands that
the definition of torture in article 1 is intended to
apply only to acts directed against persons in the offender's custody or
physical control.
(c) That with reference to
article 1 of the Convention, the United States
understands that `sanctions' includes judicially-imposed sanctions and other
enforcement actions authorized by United States law or by judicial
interpretation of such law. Nonetheless, the United States understands that a
State Party could not through its domestic sanctions defeat the object and
purpose of the Convention to prohibit torture.
(d) That with reference to
article 1 of the Convention, the United States
understands that the term `acquiescence' requires that the public official,
prior to the activity constituting torture, have awareness of such activity and
thereafter breach his legal responsibility to intervene to prevent such
activity.
(e) That with reference to
article 1 of the Convention, the Unites States
understands that noncompliance with applicable legal procedural standards does
not per se constitute torture.
(2) That the United States understands the
phrase, 'where there are substantial grounds for believing that he would be in
danger of being subjected to torture,' as used in article 3
of the Convention, to mean `if it is more likely than not that he would be
tortured.'
(3) That it is the understanding of the
United States that article 14 requires a State Party
to provide a private right of action for damages only for acts of torture
committed in territory under the jurisdiction of that State Party.
(4) That the United States understands that
international law does not prohibit the death penalty,
and does not consider this Convention to restrict or prohibit the United States
from applying the death penalty consistent with the Fifth, Eighth and/or
Fourteenth Amendments to the Constitution of the United States, including any
constitutional period of confinement prior to the imposition of the death
penalty.
(5) That the United States understands that
this Convention shall be implemented by the United States Government to the
extent that it exercises legislative and judicial jurisdiction over the matters
covered by the Convention and otherwise by the state and local governments.
Accordingly, in implementing articles 10-14 and
16, the United States Government shall take measures
appropriate to the Federal system to the end that the competent authorities of
the constituent units of the United States of America may take appropriate
measures for the fulfilment of the Convention.
III. The Senate's advice and consent is
subject to the following declarations:
(1) That the United States declares that
the provisions of articles 1 through 16 of the Convention are not
self-executing.
The States Parties to
this Convention,
Considering that, in accordance with the
principles proclaimed in the Charter of the United Nations, recognition of the
equal and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,
Recognizing that those rights derive from
the inherent dignity of the human person,
Considering the obligation of States under
the Charter, in particular Article 55, to promote universal respect for, and
observance of, human rights and fundamental freedoms,
Having regard to article 5 of the Universal
Declaration of Human Rights and article 7 of the International Covenant on Civil
and Political Rights, both of which provide that no one may be subjected to
torture or to cruel, inhuman or degrading treatment or punishment,
Having regard also to the Declaration on
the Protection of All Persons from Being Subjected to Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on
9 December 1975 (resolution 3452 (XXX)),
Desiring to make more effective the
struggle against torture and other cruel, inhuman or degrading treatment or
punishment throughout the world,
Have agreed as follows:
Part I
Article 1
- For the purposes
of this Convention, torture means any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person for such
purposes as obtaining from him or a third person information or a confession,
punishing him for an act he or a third person has committed or is suspected of
having committed, or intimidating or coercing him or a third person, or for
any reason based on discrimination of any kind, when such pain or suffering is
inflicted by or at the instigation of or with the consent or acquiescence of a
public official or other person acting in an official capacity. It does not
include pain or suffering arising only from, inherent in or incidental to
lawful sanctions.
- This article is
without prejudice to any international instrument or national legislation
which does or may contain provisions of wider application.
Article 2
- Each State Party
shall take effective legislative, administrative, judicial or other measures
to prevent acts of torture in any territory under its jurisdiction.
- No exceptional
circumstances whatsoever, whether a state of war or a threat or war, internal
political instability or any other public emergency, may be invoked as a
justification of torture.
- An order from a
superior officer or a public authority may not be invoked as a justification
of torture.
Article 3
- No State Party
shall expel, return ("refouler") or extradite a person to another State where
there are substantial grounds for believing that he would be in danger of
being subjected to torture.
- For the purpose of
determining whether there are such grounds, the competent authorities shall
take into account all relevant considerations including, where applicable, the
existence in the State concerned of a consistent pattern of gross, flagrant or
mass violations of human rights.
Article 4
- Each State Party
shall ensure that all acts of torture are offences under its criminal law. The
same shall apply to an attempt to commit torture and to an act by any person
which constitutes complicity or participation in torture.
- Each State Party
shall make these offences punishable by appropriate penalties which take into
account their grave nature.
Article 5
- Each State Party
shall take such measures as may be necessary to establish its jurisdiction
over the offences referred to in article 4 in the following cases:
- When the
offences are committed in any territory under its jurisdiction or on board a
ship or aircraft registered in that State;
- When the
alleged offender is a national of that State;
- When the
victim was a national of that State if that State considers it appropriate.
- Each State Party
shall likewise take such measures as may be necessary to establish its
jurisdiction over such offences in cases where the alleged offender is present
in any territory under its jurisdiction and it does not extradite him pursuant
to article 8 to any of the States mentioned in Paragraph 1 of this article.
- This Convention
does not exclude any criminal jurisdiction exercised in accordance with
internal law.
Article 6
- Upon being
satisfied, after an examination of information available to it, that the
circumstances so warrant, any State Party in whose territory a person alleged
to have committed any offence referred to in article 4 is present, shall take
him into custody or take other legal measures to ensure his presence. The
custody and other legal measures shall be as provided in the law of that State
but may be continued only for such time as is necessary to enable any criminal
or extradition proceedings to be instituted.
- Such State shall
immediately make a preliminary inquiry into the facts.
- Any person in
custody pursuant to paragraph 1 of this article shall be assisted in
communicating immediately with the nearest appropriate representative of the
State of which he is a national, or, if he is a stateless person, to the
representative of the State where he usually resides.
- When a State,
pursuant to this article, has taken a person into custody, it shall
immediately notify the States referred to in article 5, paragraph 1, of the
fact that such person is in custody and of the circumstances which warrant his
detention. The State which makes the preliminary inquiry contemplated in
paragraph 2 of this article shall promptly report its findings to the said
State and shall indicate whether it intends to exercise jurisdiction.
Article 7
- The State Party in
territory under whose jurisdiction a person alleged to have committed any
offence referred to in article 4 is found, shall in the cases contemplated in
article 5, if it does not extradite him, submit the case to its competent
authorities for the purpose of prosecution.
- These authorities
shall take their decision in the same manner as in the case of any ordinary
offence of a serious nature under the law of that State. In the cases referred
to in article 5, paragraph 2, the standards of evidence required for
prosecution and conviction shall in no way be less stringent than those which
apply in the cases referred to in article 5, paragraph 1.
- Any person
regarding whom proceedings are brought in connection with any of the offences
referred to in article 4 shall be guaranteed fair treatment at all stages of
the proceedings.
Article 8
- The offences
referred to in article 4 shall be deemed to be included as extraditable
offences in any extradition treaty existing between States Parties. States
Parties undertake to include such offences as extraditable offences in every
extradition treaty to be concluded between them.
- If a State Party
which makes extradition conditional on the existence of a treaty receives a
request for extradition from another State Party with which it has no
extradition treaty, it may consider this Convention as the legal basis for
extradition in respect of such offenses. Extradition shall be subject to the
other conditions provided by the law of the requested State.
- States Parties
which do not make extradition conditional on the existence of a treaty shall
recognize such offences as extraditable offences between themselves subject to
the conditions provided by the law of the requested state.
- Such offences
shall be treated, for the purpose of extradition between States Parties, as if
they had been committed not only in the place in which they occurred but also
in the territories of the States required to establish their jurisdiction in
accordance with article 5, paragraph 1.
Article 9
- States Parties
shall afford one another the greatest measure of assistance in connection with
civil proceedings brought in respect of any of the offences referred to in
article 4, including the supply of all evidence at their disposal necessary
for the proceedings.
- States Parties
shall carry out their obligations under paragraph 1 of this article in
conformity with any treaties on mutual judicial assistance that may exist
between them.
Article 10
- Each State Party
shall ensure that education and information regarding the prohibition against
torture are fully included in the training of law enforcement personnel, civil
or military, medical personnel, public officials and other persons who may be
involved in the custody, interrogation or treatment of any individual
subjected to any form of arrest, detention or imprisonment.
- Each State Party
shall include this prohibition in the rules or instructions issued in regard
to the duties and functions of any such persons.
Article 11
Each State Party shall keep under
systematic review interrogation rules, instructions, methods and practices as
well as arrangements for the custody and treatment of persons subjected to any
form of arrest, detention or imprisonment in any territory under its
jurisdiction, with a view to preventing any cases of torture.
Article 12
Each State Party shall ensure that its
competent authorities proceed to a prompt and impartial investigation, wherever
there is reasonable ground to believe that an act of torture has been committee
in any territory under its jurisdiction.
Article 13
Each State Party shall ensure that any
individual who alleges he has been subjected to torture in any territory under
its jurisdiction has the right to complain to and to have his case promptly and
impartially examined its competent authorities. Steps shall be taken to ensure
that the complainant and witnesses are protected against all ill-treatment or
intimidation as a consequence of his complaint or any evidence given.
Article 14
- Each State Party
shall ensure in its legal system that the victim of an act of torture obtains
redress and has an enforceable right to fair and adequate compensation
including the means for as full rehabilitation as possible. In the event of
the death of the victim as a result of an act of torture, his dependents shall
be entitled to compensation.
- Nothing in this
article shall affect any right of the victim or other person to compensation
which may exist under national law.
Article 15
Each State Party shall ensure that any
statement which is established to have been made as a result of torture shall
not be invoked as evidence in any proceedings, except against a person accused
of torture as evidence that the statement was made.
Article 16
- Each State Party
shall undertake to prevent in any territory under its jurisdiction other acts
of cruel, inhuman or degrading treatment or punishment which do not amount to
torture as defined in article 1, when such acts are committed by or at the
instigation of or with the consent or acquiescence of a public official or
other person acting in an official capacity. In particular, the obligations
contained in articles 10, 11, 12 and 13 shall apply with the substitution for
references to torture or references to other forms of cruel, inhuman or
degrading treatment or punishment.
- The provisions of
this Convention are without prejudice to the provisions of any other
international instrument or national law which prohibit cruel, inhuman or
degrading treatment or punishment or which relate to extradition or expulsion.
Article 17
- There shall be
established a Committee against Torture (hereinafter referred to as the
Committee) which shall carry out the functions hereinafter provided. The
Committee shall consist of 10 experts of high moral standing and recognized
competence in the field of human rights, who shall serve in their personal
capacity. The experts shall be elected by the States Parties, consideration
being given to equitable geographical distribution and to the usefulness of
the participation of some persons having legal experience.
- The members of
the Committee shall be elected by secret ballot from a list of persons
nominated by States Parties. Each State Party may nominate one person from
among its own nationals. States Parties shall bear in mind the usefulness of
nominating persons who are also members of the Human Rights Committee
established under the International Covenant on Civil and Political Rights and
are willing to serve on the Committee against Torture.
- Elections of the
members of the Committee shall be held at biennial meetings of States Parties
convened by the Secretary-General of the United Nations. At those meetings,
for which two thirds of the States Parties shall constitute a quorum, the
persons elected to the Committee shall be those who obtain the largest number
of votes and an absolute majority of the votes of the representatives of
States Parties present and voting.
- The initial
election shall be held no later than six months after the date of the entry
into force of this Convention. At least four months before the date of each
election, the Secretary-General of the United Nations shall address a letter
to the States Parties inviting them to submit their nominations within three
months. The Secretary-General shall prepare a list in alphabetical order of
all persons thus nominated, indicating the States Parties which have nominated
them, and shall submit it to the States Parties.
- The members of
the Committee shall be elected for a term of four years. They shall be
eligible for re-election if renominated. However, the term of five of the
members elected at the first election shall expire at the end of two years;
immediately after the first election the names of these five members shall be
chosen by lot by the chairman of the meeting referred to in paragraph 3.
- If a member of
the Committee dies or resigns or for any other cause can no longer perform his
Committee duties, the State Party which nominated him shall appoint another
expert from among its nationals to serve for the remainder of his term,
subject to the approval of the majority of the States Parties. The approval
shall be considered given unless half or more of the States Parties respond
negatively within six weeks after having been informed by the
Secretary-General of the United Nations of the proposed appointment.
- States Parties
shall be responsible for the expenses of the members of the Committee while
they are in performance of Committee duties.
Article 18
- The Committee
shall elect its officers for a term of two years. They may be re-elected.
- The Committee
shall establish its own rules of procedure, but these rules shall provide,
inter alia, that
- Six members
shall constitute a quorum;
- Decisions of
the Committee shall be made by a majority vote of the members present.
- The
Secretary-General of the United Nations shall provide the necessary staff and
facilities for the effective performance of the functions of the Committee
under this Convention.
- The
Secretary-General of the United Nations shall convene the initial meeting of
the Committee. After its initial meeting, the Committee shall meet at such
times as shall be provided in its rules of procedure.
- The State Parties
shall be responsible for expenses incurred in connection with the holding of
meetings of the States Parties and of the Committee, including reimbursement
of the United Nations for any expenses, such as the cost of staff and
facilities, incurred by the United Nations pursuant to paragraph 3 above.
Article 19
- The States
Parties shall submit to the Committee, through the Secretary-General of the
United Nations, reports on the measures they have taken to give effect to
their undertakings under this Convention, within one year after the entry into
force of this Convention for the State Party concerned. Thereafter the States
Parties shall submit supplementary reports every four years on any new
measures taken, and such other reports as the Committee may request.
- The
Secretary-General shall transmit the reports to all States Parties.
- [Each report
shall be considered by the Committee which may make such comments or
suggestions on the report as it considers appropriate, and shall forward these
to the State Party concerned. That State Party may respond with any
observations it chooses to the Committee.
- The Committee
may, at its discretion, decide to include any comments or suggestions made by
it in accordance with paragraph 3, together with the observations thereon
received from the State Party concerned, in its annual report made in
accordance with article 24. If so requested by the State Party concerned, the
Committee may also include a copy of the report submitted under paragraph 1.]
Article 20
- If the Committee
receives reliable information which appears to it to contain well-founded
indications that torture is being systematically practised in the territory of
a State Party, the Committee shall invite that State Party to co-operate in
the examination of the information and to this end to submit observations with
regard to the information concerned.
- Taking into
account any observations which may have been submitted by the State Party
concerned as well as any other relevant information available to it, the
Committee may, if it decides that this is warranted, designate one or more of
its members to make a confidential inquiry and to report to the Committee
urgently.
- If an inquiry is
made in accordance with paragraph 2, the Committee shall seek the co-operation
of the State Party concerned. In agreement with that State Party, such an
inquiry may include a visit to its territory.
- After examining
the findings of its member or members submitted in accordance with paragraph
2, the Committee shall transmit these findings to the State Party concerned
together with any comments or suggestions which seem appropriate in view of
the situation.
- All the
proceedings of the Committee referred to in paragraphs 1 to 4 of this article
shall be confidential, and at all stages of the proceedings the co-operation
of the State Party shall be sought. After such proceedings have been completed
with regard to an inquiry made in accordance with paragraph 2, the Committee
may, after consultations with the State Party concerned, decide to include a
summary account of the results of the proceedings in its annual report made in
accordance with article 24.
Article 21
- A State Party to
this Convention may at any time declare under this article 3 that it
recognizes the competence of the Committee to receive and consider
communications to the effect that a State Party claims that another State
Party is not fulfilling its obligations under this Convention. Such
communications may be received and considered according to the procedures laid
down in this article only if submitted by a State Party which has made a
declaration recognizing in regard to itself the competence of the Committee.
No communication shall be dealt with by the Committee under this article if it
concerns a State Party which has not made such a declaration. Communications
received under this article shall be dealt with in accordance with the
following procedure:
- If a State
Party considers that another State Party is not giving effect to the
provisions of this Convention, it may, by written communication, bring the
matter to the attention of that State Party. Within three months after the
receipt of the communication the receiving State shall afford the State
which sent the communication an explanation or any other statement in
writing clarifying the matter which should include, to the extent possible
and pertinent, references to domestic procedures and remedies taken,
pending, or available in the matter.
- If the matter
is not adjusted to the satisfaction of both States Parties concerned within
six months after the receipt by the receiving State of the initial
communication, either State shall have the right to refer the matter to the
Committee by notice given to the Committee and to the other State.
- The Committee
shall deal with a matter referred to it under this article only after it has
ascertained that all domestic remedies have been invoked and exhausted in
the matter, in conformity with the generally recognized principles of
international law. This shall not be the rule where the application of the
remedies is unreasonably prolonged or is unlikely to bring effective relief
to the person who is the victim of the violation of this Convention.
- The Committee
shall hold closed meetings when examining communications under this article.
- Subject to
the provisions of subparagraph (c), the Committee shall make available its
good offices to the States Parties concerned with a view to a friendly
solution of the matter on the basis of respect for the obligations provided
for in the present Convention. For this purpose, the Committee may, when
appropriate, set up an ad hoc conciliation commission.
- In any matter
referred to it under this article, the Committee may call upon the States
Parties concerned, referred to in subparagraph (b), to supply any relevant
information.
- The States
Parties concerned, referred to in subparagraph (b), shall have the right to
be represented when the matter is being considered by the Committee and to
make submissions orally and/or in writing.
- The Committee
shall, within 12 months after the date of receipt of notice under
subparagraph (b), submit a report.
- If a
solution within the terms of subparagraph (e) is reached, the Committee
shall confine its report to a brief statement of the facts and of the
solution reached.
- If a
solution within the terms of subparagraph (e) is not reached, the
Committee shall confine its report to a brief statement of the facts; the
written submissions and record of the oral submissions made by the States
Parties concerned shall be attached to the report.
In every matter, the report shall be
communicated to the States Parties concerned.
- The provisions of
this article shall come into force when five States Parties to this Convention
have made declarations under paragraph 1 of this article. Such declarations
shall be deposited by the States Parties with the Secretary-General of the
United Nations, who shall transmit copies thereof to the other States Parties.
A declaration may be withdrawn at any time by notification to the
Secretary-General. Such a withdrawal shall not prejudice the consideration of
any matter which is the subject of a communication already transmitted under
this article; no further communication by any State Party shall be received
under this article after the notification of withdrawal of the declaration has
been received by the Secretary-General, unless the State Party concerned has
made a new declaration.
Article 22
- A State Party to
this Convention may at any time declare under this article that it recognizes
the competence of the Committee to receive and consider communications from or
on behalf of individuals subject to its jurisdiction who claim to be victims
of a violation by a State Party of the provisions of the Convention. No
communication shall be received by the Committee if it concerns a State Party
to the Convention which has not made such a declaration.
- The Committee
shall consider inadmissible any communication under this article which is
anonymous, or which it considers to be an abuse of the right of submission of
such communications or to be incompatible with the provisions of this
Convention.
- Subject to the
provisions of paragraph 2, the Committee shall bring any communication
submitted to it under this article to the attention of the State Party to this
Convention which has made a declaration under paragraph 1 and is alleged to be
violating any provisions of the Convention. Within six months, the receiving
State shall submit to the Committee written explanations or statements
clarifying the matter and the remedy, if any, that may have been taken by that
State.
- The Committee
shall consider communications received under this article in the light of all
information made available to it by or on behalf of the individual and by the
State Party concerned.
- The Committee
shall not consider any communication from an individual under this article
unless it has ascertained that:
- The same
matter has not been, and is not being examined under another procedure of
international investigation or settlement;
- The
individual has exhausted all available domestic remedies; this shall not be
the rule where the application of the remedies is unreasonably prolonged or
is unlikely to bring effective relief to the person who is the victim of the
violation of this Convention.
- The Committee
shall hold closed meetings when examining communications under this article.
- The Committee
shall forward its views to the State Party concerned and to the individual.
- The provisions of
this article shall come into force when five States Parties to this Convention
have made declarations under paragraph 1 of this article. Such declarations
shall be deposited by the States Parties with the Secretary-General of the
United Nations, who shall transmit parties thereof to the other States
Parties. A declaration may be withdrawn at any time by notification to the
Secretary-General. Such a withdrawal shall not prejudice the consideration of
any matter which is the subject of a communication already transmitted under
this article; no further communication by or on behalf of an individual shall
be received under this article after the notification of withdrawal of the
declaration has been received by the Secretary-General, unless the State Party
concerned has made a new declaration.
Article 23
The members of the Committee, and of the ad
hoc conciliation commissions which may be appointed under article 21, paragraph
1 (e), shall be entitled to the facilities, privileges and immunities of experts
on missions for the United Nations as laid down in the relevant sections of the
Convention on the Privileges and Immunities of the United Nations.
Article 24
The Committee shall submit an annual report
on its activities under this Convention to the States Parties and to the General
Assembly of the United Nations.
Part III
Article 25
- This Convention
is open for signature by all States.
- This Convention
is subject to ratification. Instruments of ratification shall be deposited
with the Secretary-General of the United Nations.
Article 26
This Convention is open to accession by all
States. Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General of the United Nations.
Article 27
- This Convention
shall enter into force on the thirtieth day after the date of the deposit with
the Secretary-General of the United Nations of the twentieth instrument of
ratification or accession.
- For each State
ratifying this Convention or acceding to it after the deposit of the twentieth
instrument of ratification or accession, the Convention shall enter into force
on the thirtieth day after the date of the deposit of its own instrument of
ratification or accession.
Article 28
- Each State may,
at the time of signature or ratification of this Convention or accession
thereto, declare that it does not recognize the competence of the Committee
provided for in article 20.
- Any State Party
having made a reservation in accordance with paragraph 1 of this article may,
at any time, withdraw this reservation by notification to the
Secretary-General of the United Nations.
Article 29
- Any State Party
to this Convention may propose an amendment and file it with the
Secretary-General of the United Nations. The Secretary-General shall thereupon
communicate the proposed amendment to the States Parties to this Convention
with a request that they notify him whether they favour a conference of States
Parties for the purpose of considering and voting upon the proposal. In the
event that within four months from the date of such communication at least one
third of the State Parties favours such a conference, the Secretary-General
shall convene the conference under the auspices of the United Nations. Any
amendment adopted by a majority of the States Parties present and voting at
the conference shall be submitted by the Secretary-General to all the States
Parties for acceptance.
- An amendment
adopted in accordance with paragraph 1 shall enter into force when two thirds
of the States Parties to this Convention have notified the Secretary-General
of the United Nations that they have accepted it in accordance with their
respective constitutional processes.
- When amendments
enter into force, they shall be binding on those States Parties which have
accepted them, other States Parties still being bound by the provisions of
this Convention and any earlier amendments which they have accepted.
Article 30
- Any dispute
between two or more States Parties concerning the interpretation or
application of this Convention which cannot be settled through negotiation,
shall, at the request of one of them, be submitted to arbitration. If within
six months from the date of the request for arbitration the Parties are unable
to agree on the organization of the arbitration, any one of those Parties may
refer the dispute to the International Court of Justice by request in
conformity with the Statute of the Court.
- Each State may at
the time of signature or ratification of this Convention or accession thereto,
declare that it does not consider itself bound by the preceding paragraph. The
other States Parties shall not be bound by the preceding paragraph with
respect to any State Party having made such a reservation.
- Any State Party
having made a reservation in accordance with the preceding paragraph may at
any time withdraw this reservation by notification to the Secretary-General of
the United Nations.
Article 31
- A State Party may
denounce this Convention by written notification to the Secretary-General of
the United Nations. Denunciation becomes effective one year after the date of
receipt of the notification by the Secretary-General.
- Such a
denunciation shall not have the effect of releasing the State Party from its
obligations under this Convention in regard to any act or omission which
occurs prior to the date at which the denunciation becomes effective. Nor
shall denunciation prejudice in any way the continued consideration of any
matter which is already under consideration by the Committee prior to the date
at which the denunciation becomes effective.
- Following the
date at which the denunciation of a State Party becomes effective, the
Committee shall not commence consideration of any new matter regarding that
State.
Article 32
The Secretary-General of the United Nations
shall inform all members of the United Nations and all States which have signed
this Convention or acceded to it, or the following particulars:
- Signatures,
ratifications and accessions under articles 25 and 26;
- The date of entry
into force of this Convention under article 27, and the date of the entry into
force of any amendments under article 29;
- Denunciations
under article 31.
Article 33
- This Convention,
of which the Arabic, Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited in the archives of the United Nations.
- The
Secretary-General of the United Nations shall transmit certified copies of
this Convention to all States.