A/RES/2391(XXIII) GA

40 General Aaaembly-Twenty-tbird Session 2378 (XXffl). Aasistance to lran in connexion with the earthquake of August 1968 The GeneraJ Asscmbly, N oting with d¡ep regret the tragic consequences of the severe earthquake in Iran, which caused the death of some 10,000 persons and de.vastation over an area of more than 5,000 squaré kilometres, including the com- plete destruction of ten towns and 170 villages, Recalling General Assembly resolution 2034 (XX) of 7 Decembe.r 1965, N otinq the energetic and urgent me.asures taken by the GoYernment of Iran to provide relief for the victims of the earthquake and to restare normal living condi- tions in the devastated areas, N oting a/so the plans prepared by the Government of lran for the reconstruction of the. devastated areas, Aware of the very high cost of the realization of these plans, F11.rthcr noting witlz appreciation the assistance _ren- de.red to the victims of this disaster by many nations, the United Nations family of organizations, non-govern- mental organizations and individuals, l. Expresses its deep sympathy to the people and Government of Iran regarding this catastrophe; 2. Invites Member States and 11011-governmental or- ganizations to consider ways and means _of rende_r\ng whateYer further assistance they may be m a pos1tton to offer to the Government of Iran; 3. Req11ests the Secretary-General of the United Nations, the heads of the specialized agencies, the Executive Directors of the World Food Programme and the United Nations Children's Fund, and the Ad- ministrator of the U nited N ations Development Pro- gramme, in the light of the funds available, to bear. in mind the needs of the Government of Iran in connex1on with its plans for the reconstruction of the devastated areas when deciding on the services to be provided to Member States. 1705th plenary 111eeti11_r¡. 23 October 1968. 2391 (XXIII). Convention on the Non-Applica- bility of Statutory Limitations to W ar Crimes and Crimes against Humanity The General Assembly, Having considereJ the draft Convention on the Non- Applicability of Statutory Limitations to W ar Crimes and Crimes against Humanity, Adopts and opens for signature, ratification and accession the Convention on the Non-Applicability of Statutorv Limitations to War Crimes and Crimes against Humanity, the text of which is annexed to the present resolution. 1727th plenary meeting. 26 No·vcmbrr 1968. ANNEX Conventlon on the Non-Applicability of Statutory Limita- tions to War Crimes and Crimes againsl Humanity PREAMBLE The Sta/es Parties fo the prescnt Conrention, Rccal/ing resolutions of the General Assembly of the United Nations 3 (1) of 13 Febrnary 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 principies of international law recognized by the Charter of the Inter- national Military Tribunal, Nürnberg, 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, Rccalling 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 thc punishment of war criminals and of persons who have committed crimes against humanity, N oting that none oí the solemn declarations, inslruments or conventions relating to the prosecution and punishment of war crimes and crimes against humanity made provision for a period of limitation, C onsidcring that war crimes and crimes against humanity are among the gravest crimes in international law, Com•i11ced that the effective punishment of war crimes and crimes against humanity is an importan! element in the preven- tion of such crimes, the protection of hurnan rights and fun- damental frcedoms, the encouragement of confidence, Ú,c furtherance oí co-operation among peoples and the promotion of international peace and security, N oting 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, Recogni:;ing that it is necessary and timely to affirm in inter- national law, through this Convention, the principie that there is no period of limitation for war crimes and crimes against humanity, and to secure its universal application, H a1•c agrccd as follows : ARTICLE I No statutory limitation shall apply to the following crimes, irrespcctive oí the date of their commission: (a) War crimes as they are defined in the Charter of tite 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 ti me of pea ce 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 Dccember 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 II If any of the crimes mcntioned in article I is committed, the provisions of this Convention shall apply to representatives of the State authority and prívate 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 com- mit them, irrespective of the degree of completion, and to representatives of the State authority who tolerate their com- mission. ARTICLE III The States Parties to thc present Convention undertake to adopt ali necessary domestic measures, !egislative or otherwisc, Resolutions adopted on the reports of the Third Committee 41 with a view to making possible the extradition, in accord- a11ce with international law, of thc persons referred to in article II of this Convention. ARTICI.E IV Thc States Parties to the present Convention undertake to adopt, in accordance with their respective constitutional pro- cesses, any legislative or other measures necessary to ensure that statutory or other limitations shall not apply to the prose- cution ami punishm~nt of the crimes referred to in articles I and II of this Co11vention and that, where they exist, such limitatio11s shall be abolished. ARTICLE V This Convcntion 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 ar of thc Inter- national Atomic Energy Agency, by any Statc Party to the Sta tute of the International Court of J ustice, ami by any other State which has been invited by the General Assembly of the United N ations 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. A,mcLE VII This Co11ventio11 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 Unitecl N ations. ARTIL"LE VIII l. This Convention shall enter into force 011 the ninetieth day after the date of the dcposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession. 2. For each State ratifying this Convention or accecling 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 ~he deposit oí its own instrument of ratificatio11 or accession. ARTICLE IX l. After the expiry of a period of ten years from tbe date 011 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 ad- dressed to the Secretary-General of the United Nations. 2. The General Assemhly of the United Nations shall decide upon the steps, if any, to be taken in respect of such a request. ARTICLE X l. 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-Gencral of the United Nations shall inform ali States referred to in article V of the following particulars: (a) Signatures of this Convention, and instruments of rati- fication and accession deposited under articles V, VI and VII ; ( b) The date of entry into force of this Convention in accordance with article VIII ; (e) 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. 2392 (XXIII). Question of the puniahment of war criminals and of persone who have committed crimes against humanity Thc General Assembly, Considering the fact that a draft optional protocol1 to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Hu- manity2 has bee.n submitted, N oting that the Convention on the N on-Applicability of Statutory Limitations to W ar Crimes and Crimes against Humanity does not preclude the study of prin- cipies that may be affirmed in the future in determining the nature of tribunals constituted for the tria! of persons accused of having committed war crimes and crimes against humanity, Believing that this draft optional protocol raises issues that are close.ly related to the general question of inter- national criminal jurisdiction, Recalling its previous consideration of the question of international criminal jurisdiction, Recailing further its decision at the 1676th plenary meeting not to include the item entitled "International criminal jurisdiction" in the agenda of its twenty-third session but to defer the item to a later session, Decides to take up this draft optional protocol at such time as it resumes consideration of the question of international criminal jurisdiction, or at such other time as it deems appropriate. 1727th plenar31 meeting, 26 November 1968. 2393 (XXIII). Capital punishment The General Assembly, Recalling that article 3 of the Universal Declaration of Human Rights provides that everyone has the right to life, Jiberty and security of person, Recalling further that article 5 of the Universal Declaration of Human Rights provides that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, Having considered the report entitled Capital Punish- ment3 in the light of the comments• thereon of the Ad Hoc Advisory Committee of Experts on the Preven- tion of Crime and the Treatment of Offenders,5 and the report entitled Capital Punishment-Developmcnts 1961 to 1965,6 Taking note of the conclusion drawn by the Advisory Committee from the report entitled Capital Punishment that, if one looked at the whole problem of capital punishment in a historical perspective, it became clear that there was a world-wide tendency towards a con- siderable reduction in the number and categories of offences for which capital punishment might be imposed, 1 A/C.3/L.1570/Rev.2. ~ General Assembly resolution 2391 (XXIII), annex. ~ Unitecl Nations publication, Sales No.: E.67.IV.15, part I. 4 O /ficial Records of the Economic and S acial C 011ncil, Thi,·ty-fifth Scssion, Anne.rcs, agenda item 11, document E/J724, sectio11 III. 5 In accorda11ce with Economic and Social Council resolu- tion 1086 B (XXXIX) of 30 July 1965, the Ad Hoc Committee was established 011 a permanent basis as the Advisory Com- mittee of Experts on the Prevention of Crime and the Treat- ment of Offenders. 0 United Nations publication, Sales No.: F.67.IV.15, part II.

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