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
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