Human Security For All: A Tribute to Sergio Vieira de Mello

Convention on the Safety of United Nations and Associated Personnel

Convention on the Safety of United Nations and Associated Personnel The States Parties to this Convention, Deeply concerned over the growing number of deaths and injuries resulting from deliberate attacks against United Nations and associated personnel, Bearing in mind that attacks against, or other mistreatment of, personnel who act on behalf of the United Nations are unjustifiable and unacceptable, by whomsoever committed, Recognizing that United Nations operations are conducted in the common interest of the international community and in accordance with the principles and purposes of the Charter of the United Nations, Acknowledging the important contribution that United Nations and associated personnel make in respect of United Nations efforts in the fields of preventive diplomacy, peacemaking, peace-keeping, peacebuilding and humanitarian and other operations, Conscious of the existing arrangements for ensuring the safety of United Nations and associated personnel, including the steps taken by the principal organs of the United Nations, in this regard, Recognizing none the less that existing measures of protection for United Nations and associated personnel are inadequate, Acknowledging that the effectiveness and safety of United Nations operations are enhanced where such operations are conducted with the consent and cooperation of the host State, Appealing to all States in which United Nations and associated personnel are deployed and to all others on whom such personnel may rely, cahill.qxp 10/1/2004 1:36 PM Page 257 to provide comprehensive support aimed at facilitating the conduct and fulfilling the mandate of United Nations operations, Convinced that there is an urgent need to adopt appropriate and effective measures for the prevention of attacks committed against United Nations and associated personnel and for the punishment of those who have committed such attacks, Have agreed as follows: ARTICLE 1: DEFINITIONS For the purposes of this Convention: (a) “United Nations personnel” means: (i) Persons engaged or deployed by the Secretary-General of the United Nations as members of the military, police or civilian components of a United Nations operation; (ii) Other officials and experts on mission of the United Nations or its specialized agencies or the International Atomic Energy Agency who are present in an official capacity in the area where a United Nations operation is being conducted; (b) “Associated personnel” means: (i) Persons assigned by a Government or an intergovernmental organization with the agreement of the competent organ of the United Nations; (ii) Persons engaged by the Secretary-General of the United Nations or by a specialized agency or by the International Atomic Energy Agency; (iii) Persons 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 or with the International Atomic Energy Agency, to carry out activities in support of the fulfilment of the mandate of a United Nations operation; (c) “United Nations operation” means an operation established by the competent organ of the United Nations in accordance with the Charter 258 APPENDICES cahill.qxp 10/1/2004 1:36 PM Page 258 of the United Nations and conducted under United Nations authority and control: (i) Where the operation is for the purpose of maintaining or restoring international peace and security; or (ii) Where the Security Council or the General Assembly has declared, for the purposes of this Convention, that there exists an exceptional risk to the safety of the personnel participating in the operation; (d) “Host State” means a State in whose territory a United Nations operation is conducted; (e) “Transit State” means a State, other than the host State, in whose territory United Nations and associated personnel or their equipment are in transit or temporarily present in connection with a United Nations operation. ARTICLE 2: SCOPE OF APPLICATION 1. This Convention applies in respect of United Nations and associated personnel and United Nations operations, as defined in article 1. 2. This Convention shall not apply to a United Nations operation 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 organized armed forces and to which the law of international armed conflict applies. ARTICLE 3: IDENTIFICATION 1. The military and police components of a United Nations operation and their vehicles, vessels and aircraft shall bear distinctive identification . Other personnel, vehicles, vessels and aircraft involved in the United Nations operation shall be appropriately identified unless otherwise decided by the Secretary-General...