Viðbótarskjal um lagalega skyldu Íslands til að bregðast við viðveru einstaklings innan íslenskrar lögsögu sem er grunaður um hafa framið mannrán á alþjóðlega vernduðum einstaklingi, skv. meðf. alþjóðasáttmála sem Ísland hefur undirritað. George H.W. Bush hefur fyrirskipað mannráni á þjóðarleiðtoga annnars ríkis.

Kv. Elías Davíðsson
4.7.2006

Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, 1035 U.N.T.S. 167, 13 I.L.M. 41, entered into force Feb. 20, 1977 (Samningur um varnarráðstafanir og refsingar vegna glæpa gegn einstaklingum er njóta alþjóðlegrar verndar, fullgiltur 2. ágúst 1977, öðlaðist gildi 1. september 1977, C 15/1977)

THE STATES PARTIES to this Convention,

…Considering that crimes against diplomatic agents and other internationally protected persons jeopardizing the safety of these persons create a serious threat to the maintenance of normal international relations which are necessary for co-operation among States,

Believing that the commission of such crimes is a matter of grave concern to the international community,

Convinced that there is an urgent need to adopt appropriate and effective measures for the prevention and punishment of such crimes,

Have agreed as follows:

Article 1

For the purposes of this Convention:

   1. "internationally protected person" means:
         1. a Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, a Head of Government or a Minister for Foreign Affairs, whenever any such person is in a foreign State, as well as members of his family who accompany him;

ARTICLE 2

   1. The intentional commission of:
         1. […] kidnapping or other attack upon the person or liberty of an internationally protected person;

ARTICLE 3

   1.  Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set forth in article 2 in the following cases:
         1. when the crime is committed in the territory of that State or on board a ship or aircraft registered in that State;
         2. when the alleged offender is a national of that State;
         3. when the crime is committed against an internationally protected person as defined in article 1 who enjoys his status as such by virtue of functions which he exercises on behalf of that State.
   2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these crimes in cases where the alleged offender is present in its territory and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph 1 of this article.
   3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

ARTICLE 6

   1. Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take the appropriate measures under its internal law so as to ensure his presence for the purpose of prosecution or extradition. Such measures shall be notified without delay directly or through the Secretary-General of the United Nations to:
         1. the State where the crime was committed;
         2. the State or States of which the alleged offender is a national or, if he is a stateless person, in whose territory he permanently resides;
         3. the State or States of which the internationally protected person concerned is a national or on whose behalf he was exercising his functions;
         4. all other States concerned; and
         5. the international organization of which the internationally protected person concerned is an official or an agent.

ARTICLE 7

The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.