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GENOCIDE CONVENTION



U.N.T.S. No. 1021, vol. 78 (1951), p. 277
 
 
CONVENTION ON THE PREVENTION AND PUNISHMENT
OF THE CRIME OF GENOCIDE
 
Adopted by Resolution 260 (III) A of the United Nations
General Assembly on 9 December 1948.
 
 
The Contracting Parties,
 
Having considered the declaration made by the General Assembly
of the United Nations in its resolution 96 (I) dated 11
December 1946 that genocide is a crime under international
law, contrary to the spirit and aims of the United Nations and
condemned by the civilized world;
 
Recognizing that at all periods of history genocide has
inflicted great losses on humanity; and
 
Being convinced that, in order to liberate mankind from such
an odious scourge, international co-operation is required;
 
Hereby agree as hereinafter provided.
 
Article 1. The Contracting Parties confirm that genocide,
whether committed in time of peace or in time of war, is a
crime under international law which they undertake to prevent
and to punish.
 
Art. 2. In the present Convention, genocide means any of the
following acts committed with intent to destroy, in whole or
in part, a national, ethnical, racial or religious group, as
such:
 
 (a) Killing members of the group;
 (b) Causing serious bodily or mental harm to members of the
group;
 (c) Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or
in part;
 (d) Imposing measures intended to prevent births within the
group;
 (e) Forcibly transferring children of the group to another
group.
 
Art. 3. The following acts shall be punishable:
 
 (a) Genocide;
 (b) Conspiracy to commit genocide;
 (c) Direct and public incitement to commit genocide;
 (d) Attempt to commit genocide;
 (e) Complicity in genocide.
 
Art. 4. Persons committing genocide or any of the other acts
enumerated in Article 3 shall be punished, whether they are
constitutionally responsible rulers, public officials or
private individuals.
 
Art. 5. The Contracting Parties undertake to enact, in
accordance with their respective Constitutions, the necessary
legislation to give effect to the provisions of the present
Convention and, in particular, to provide effective penalties
for persons guilty of genocide or any of the other acts
enumerated in Article 3.
 
Art. 6. Persons charged with genocide or any of the other acts
enumerated in Article 3 shall be tried by a competent tribunal
of the State in the territory of which the act was committed,
or by such international penal tribunal as may have
jurisdiction with respect to those Contracting Parties
which shall have accepted its jurisdiction.
 
Art. 7. Genocide and the other acts enumerated in Article 3
shall not be considered as political crimes for the purpose of
extradition.
 
The Contracting Parties pledge themselves in such cases to
grant extradition in accordance with their laws and treaties
in force. 
 
Art. 8. Any Contracting Party may call upon the competent
organs of the United Nations to take such action under the
Charter of the United Nations as they consider appropriate for
the prevention and suppression of acts of genocide or any of
the other acts enumerated in Article 3.
 
Art. 9. Disputes between the Contracting Parties relating to
the interpretation, application or fulfilment of the present
Convention, including those relating to the responsibility of
a State for genocide or any of the other acts enumerated in
Article 3, shall be submitted to the International Court of
Justice at the request of any of the parties to the dispute.
 
Art. 10. The present Convention, of which the Chinese,
English, French, Russian and Spanish texts are equally
authentic, shall bear the date of 9 December 1948.
 
Art. 11. The present Convention shall be open until 31
December 1949 for signature on behalf of any Member of the
United Nations and of any non-member State to which an
invitation to sign has been addressed by the General Assembly.
 
The present Convention shall be ratified, and the instruments
of ratification shall be deposited with the Secretary-General
of the United Nations.
 
After 1 January 1950, the present Convention may be acceded to
on behalf of any Member of the United Nations and of any
non-member State which has received an invitation as
aforesaid.
 
Instruments of accession shall be deposited with the 
Secretary-General of the United Nations.
 
Art. 12. Any Contracting Party may at any time, by
notification addressed to the Secretary-General of the United
Nations, extend the application of the present Convention to
all or any of the territories for the conduct of whose foreign
relations that Contracting Party is responsible.
 
Art. 13. On the day when the first twenty instruments of
ratification or accession have been deposited, the
Secretary-General shall draw up a proces-verbal and transmit a
copy of it to each Member of the United Nations and to each of
the non-member States contemplated in Article 11.
 
The present Convention shall come into force on the ninetieth
day following the date of deposit of the twentieth instrument
of ratification or accession.
 
Any ratification or accession effected subsequent to the
latter date shall become effective on the ninetieth day
following the deposit of the instrument of ratification or
accession.
 
Art. 14. The present Convention shall remain in effect for a
period of ten years as from the date of its coming into force.
 
It shall thereafter remain in force for successive periods of
five years for such Contracting Parties as have not denounced
it at least six months before the expiration of the current
period.
 
Denunciation shall be effected by a written notification
addressed to the Secretary-General of the United Nations.
 
Art. 15. If, as a result of denunciations, the number of
Parties to the 3 present Convention should become less than
sixteen, the Convention shall cease to be in force as from the
date on which the last of these denunciations shall become
effective.
 
Art. 16. A request for the revision of the present Convention
may be made at any time by any Contracting Party by means of a
notification in writing addressed to the Secretary-General.
 
The General Assembly shall decide upon the steps, if any, to
be taken in respect of such request.
 
Art. 17. The Secretary-General of the United Nations shall
notify all Members of the United Nations and the non-member
States contemplated in Article 11 of the following:
 
 (a) Signatures, ratifications and accessions received in
accordance with Article 11;
 (b) Notifications received in accordance with Article 12;
 (c) The date upon which the present Convention comes into
force in accordance with Article 13;
 (d) Denunciations received in accordance with Article 14;
 (e) The abrogation of the Convention in accordance with
Article 15;
 (f) Notifications received in accordance with Article 16.
 
Art. 18. The original of the present Convention shall be
deposited in the archives of the United Nations.
 
A certified copy of the Convention shall be transmitted to all
Members of the United Nations and to the non-member States
contemplated in Article 11.
 
Art. 19. The present Convention shall be registered by the
Secretary-General of the United Nations on the date of its
coming into force. 
 
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BURMA SIGNED THIS TREATY ON 30 DECEMBER 1949 AND RATIFIED IT
ON 14 MARCH 1956.