A/HRC/15/25 Article 23 Obligations related to prosecution 1. Each State party shall take such measures as are necessary to investigate, prosecute and punish violations of the present Convention, and to ensure effective remedies to victims. 2. Each State party, in the interests of justice, shall take such measures as necessary to ensure that no immunity agreement from prosecution for PMSCs and their personnel for violations of international human rights law and international humanitarian law is enforced. 3. The State party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 19 is found shall in the cases contemplated in article 21, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution. 4. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article 21, paragraph 1 (c), the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 21. 5. Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 19 shall be guaranteed fair treatment at all stages of the proceedings. Article 24 Extradition 1. To the extent that the crimes set out in article 19 are not mentioned specifically in any extradition treaty existing between States parties, they shall be deemed to be included as extraditable offences in the treaty. States parties undertake to include such offences as extraditable offences in every extradition treaty to be subsequently concluded by them. 2. When a State party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State party with which it does not have an extradition treaty, the State party requesting extradition may, at its option, consider this Convention as a legal basis for extradition in respect of the offences. Extradition procedures should take into account but shall not be limited by any conditions or restrictions stipulated in the law of any State party. 3. States parties which do not make extradition conditional on the existence of a treaty shall recognize the offences listed in article 19 as extraditable offences between themselves, taking into account but not limited by the law of any of the States parties. 4. The provisions of all extradition treaties between States parties with regard to the offences set out in article 19 shall be deemed to be modified as between States parties to the extent that they are incompatible or inconsistent with this Convention. 5. In the event of a conflict between the obligations of States parties under this Convention and other bilateral or multilateral conventions on extradition, this Convention shall prevail. GE.10-15155 33

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