A/HRC/15/25
Article 21
Establishment of jurisdiction
1.
Each State party shall take such measures as may be necessary to establish its
jurisdiction through its domestic law over the offences set out in article 19 when:
(a)
The offence is committed in the territory of that State;
(b)
The offence is committed on board a vessel flying the flag of that State or an
aircraft registered under the laws of that State at the time the offence is committed; or
(c)
The offence is committed by a national of that State.
2.
A State party may also establish its jurisdiction over any of the offences set out in
article 19 when:
(a)
The offence is committed against a national of that State; or
(b)
The offence is committed by a stateless person who has his or her habitual
residence in the territory of that State.
3.
This Convention does not exclude any additional criminal jurisdiction exercised in
accordance with national law.
4.
Upon ratifying, accepting, approving or acceding to this Convention, each State
party shall notify the Secretary-General of the United Nations of the measures it has taken
with respect to the establishment of jurisdiction under this article. Should any subsequent
change take place, the State party concerned shall immediately notify the Secretary-General
of the change.
5.
Each State party shall likewise take such measures as may be necessary to establish
its jurisdiction over the offences set out in this article in cases where the alleged offender is
present in its territory and it does not extradite such person to any of the States parties
which have established their jurisdiction in accordance with paragraphs 1 or 2 of this
article.
6.
Each State party which establishes jurisdiction under subparagraphs 1 (b) and
paragraphs 2 or 4 of this article shall make the offences set out in this article punishable by
the same penalties which would apply when they are committed in its own territory.
7.
This Convention does not exclude the exercise of any criminal jurisdiction
established by a State party in accordance with its national law and its international
obligations.
Article 22
Jurisdiction over other crimes
1.
Each State party shall take such measures as may be necessary to establish its
jurisdiction over other crimes committed by the personnel of PMSCs in providing their
services in the territory of another State party or State not party to this Convention.
2.
Any specific jurisdiction or legal matters related to the investigations of crimes
committed by the personnel of PMSCs in providing their services in the territory of another
State party or State not party to the present Convention, or agreements of extradition, may
be regulated by an additional international agreement concluded between these States.
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GE.10-15155
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