Extradition (Genocide) Order 1970
Jersey in Council 11/1970
ORDER
OF
HER
MAJESTY IN COUNCIL
dated
4th February,
1970
ENTITLED
EXTRADITION (GENOCIDE) ORDER 1970.
WITH
ACTS
OF THE ROYAL COURT AND STATES
RELATIVE
THERETO.
____________
(Registered on 9th October, 1970).
EXTRADITION (GENOCIDE) ORDER 1970.
____________
STATES OF JERSEY.
____________
15th
September, 1970.
____________
THE STATES, adopting a Proposition of the
Legislation Committee, requested the Royal Court to register the Extradition
(Genocide) Order 1970.
E.J.M. POTTER
Deputy Greffier of the States.
A LA COUR ROYALE DE
L’ILE DE JERSEY
____________
L’An 1970, le 9e jour d’octobre
____________
MONSIEUR LE DEPUTE BAILLI ayant présenté à la Cour un Ordre de Sa Très
Excellente Majesté en Conseil en date du 4 février 1970,
intitulé : -
“The Extradition
(Genocide) Order 1970” ;
Lecture en ayant
été donnée :
LA COUR, conformément aux conclusions du Procureur Général de
la Reine, a ordonné que ledit Ordre soit enregistré sur les
records de l’Ile et publié par l’Officier au lieu ordinaire
à jour de marché, afin que toutes personnes puissent en avoir
connaissance.
S.W. BISSON
Greffier Judiciaire.
At the Court at Buckingham Palace
____________
The
4th day of February, 1970.
PRESENT,
The Queen’s Most Excellent Majesty in Council
____________
WHEREAS a Convention on the Prevention
and Punishment of the Crime of Genocide (hereinafter referred to as “the
Genocide Convention”) was approved by the General Assembly of the United
Nations on 9th December 1948,
the terms of which are set out in Schedule 1 to this Order ;
And whereas the states mentioned in Schedule 2 to this Order
are states with which extradition treaties are in force and which are
Contracting Parties to the Genocide Convention ;
And whereas the Genocide Act 1969 has been enacted to give effect to
the Genocide Convention ;
And whereas an instrument of accession to the Genocide Convention
was deposited on behalf of the United Kingdom of Great Britain and Northern
Ireland with the Secretary-General of the United Nations on 30th January 1970 and the
Genocide Convention will enter into force for the United Kingdom on 30th April 1970 ;
And whereas the application of the Genocide Convention is extended
by notification in accordance with Article XII of the Convention to the Channel Islands, the Isle of Man
and the British possessions mentioned in Schedule 3 to this Order ;
Now, therefore, Her Majesty, in exercise of the powers conferred
upon Her by section 2 of the Extradition Act 1870, is pleased, by and with the
advice of Her Privy Council, to order, and it is hereby ordered, as follows
: -
1. This
Order may be cited as the Extradition (Genocide) Order 1970 and shall come into
operation on 30th April 1970.
2. The
Interpretation Act
1889 shall apply, with the necessary adaptations, for the purpose
of interpreting this Order and otherwise in relation thereto as it applies for
the purpose of interpreting, and in relation to, Acts of Parliament.
3. The
Extradition Acts
1870 to 1935 as amended by the Genocide Act 1969 shall apply in the case of the states
mentioned in Schedule 2 to this Order under and in accordance with the
extradition treaties therein described as supplemented by the Genocide
Convention.
4. The
operation of this Order is limited to the United Kingdom, the Channel Islands,
the Isle of Man and the British possessions mentioned in Schedule 3 to
this Order, being British possessions to which the application of the Genocide
Convention is extended.
W.G. AGNEW
SCHEDULE I
ENGLISH TEXT OF THE GENOCIDE CONVENTION
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 I
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.
ARTICLE II
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.
ARTICLE III
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.
ARTICLE IV
Persons committing genocide or any of the other acts enumerated in
Article III shall be punished, whether they are constitutionally responsible
rulers, public officials or private individuals.
ARTICLE V
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 of any of the other acts enumerated
in Article III.
ARTICLE VI
Persons charged with genocide or any of the other acts enumerated
in Article III 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.
ARTICLE VII
Genocide and the other acts enumerated in Article III 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.
ARTICLE VIII
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 III.
ARTICLE IX
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 for any of the
other acts enumerated in Article III, shall be submitted to the International
Court of Justice at the request of any of the Parties to the dispute.
ARTICLE X
The present Convention, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall bear the date of 9
December 1948.
ARTICLE XI
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.
ARTICLE XII
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.
ARTICLE XIII
On the day when the first twenty instruments of ratification or
accession have been deposited, the Secretary-General shall draw up a procès-verbal and transmit a copy
thereof to each Member of the United Nations and to each of the non-member
States contemplated in Article XI.
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.
ARTICLE XIV
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.
ARTICLE XV
If, as a result of denunciations, the number of Parties to the
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.
ARTICLE XVI
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.
ARTICLE XVII
The Secretary-General of the United Nations shall notify all
Members of the United Nations and the non-member States contemplated in Article
XI of the following :
(a) Signatures, ratifications and
accessions received in accordance with Article XI ;
(b) Notifications received in
accordance with Article XII ;
(c) The date upon which the present
Convention comes into force in accordance with Article XIII ;
(d) Denunciations received in
accordance with Article XIV ;
(e) The abrogation of the Convention in
accordance with Article XV ;
(f) Notifications received in
accordance with Article XVI.
ARTICLE XVIII
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 each
Member of the United Nations and to each of the non-member States contemplated
in Article XI.
ARTICLE XIX
The present Convention shall be registered by the Secretary-General
of the United Nations on the date of its coming into force.
SCHEDULE 2
STATES WITH WHICH THE UNITED KINGDOM HAS EXTRADITION TREATIES AND
WHICH ARE CONTRACTING PARTIES TO THE GENOCIDE CONVENTION
|
State
|
Date
of Treaty
|
|
Albania ... ... ...
|
22nd July 1926
|
|
Argentina
... ...
|
22nd May 1889
|
|
Belgium ... ... ...
|
29th October 1901/5th March 1907/3rd March 1911/8th August 1923/
2nd July 1928
|
|
Chile
... ... ...
|
26th January 1897
|
|
Colombia
... ...
|
27th October 1888
|
|
Cuba
... ... ...
|
3rd October 1994
|
|
Czechoslovakia ...
|
11th November
1924/4th June 1926
|
|
Denmark
... ...
|
31st March
1873/15th October 1935
|
|
Ecuador ... ... ...
|
20th September
1880
|
|
El Salvador ... ...
|
23rd June 1881
|
|
Finland ... ... ...
|
30th May 1924
|
|
France
... ... ...
|
14th August 1876/13th February 1896/ 17th October 1908
|
|
Federal
Republic of Germany ... ...
|
14th May 1872/23rd
February 1960
|
|
Greece
... ... ...
|
11th/24th
September 1910
|
|
Guatemala ... ...
|
4th July 1885/30th
May 1914
|
|
Haiti
... ... ...
|
7th December 1874
|
|
Hungary
... ...
|
3rd September
1873/18th September 1936
|
|
Iceland ... ... ...
|
31st March
1873/25th October 1938
|
|
Iraq
... ... ...
|
2nd May 1932
|
|
Israel
... ... ...
|
4th April 1960
|
|
Italy
... ... ...
|
5th February 1873
|
|
Liberia
... ... ...
|
16th December 1892
|
|
Mexico ... ... ...
|
7th September 1886
|
|
Monaco ... ... ...
|
17th December 1891
|
|
Netherlands ... ...
|
26th September
1898
|
|
Nicaragua
... ...
|
19th April 1905
|
|
Norway ... ... ...
|
26th June
1873/18th February 1907
|
|
Panama ... ... ...
|
25th August 1906
|
|
Peru
... ... ...
|
26th January 1904
|
|
Poland
... ... ...
|
11th January 1932
|
|
Rumania
... ...
|
21st March 1893
|
|
Spain
... ... ...
|
4th June 1878/19th
February 1889
|
|
Sweden ... ... ...
|
26th April 1963/6th December 1965/6th June 1966
|
|
Uruguay
... ...
|
26th March
1884/20th March 1891
|
|
Yugoslavia ... ...
|
6th December 1900
|
SCHEDULE 3
BRITISH POSSESSIONS TO WHICH THE APPLICATION OF THE GENOCIDE
CONVENTION IS EXTENDED
|
Bahama Islands
|
Hong Kong
|
|
Bermuda
|
Pitcairn
|
|
British Virgin Islands
|
St. Helena
|
|
Dominica
|
St. Lucia
|
|
Falkland Islands and Dependencies
|
St. Vincent
|
|
Fiji
|
Seychelles
|
|
Gibraltar
|
Turks and Caicos Islands
|
|
Grenada
|
|