On the accession of the Republic of Kazakhstan to the Convention on the Prevention and Punishment of the Crime of Genocide

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The Law of the Republic of Kazakhstan dated June 29, 1998 No. 244.

The Republic of Kazakhstan should join the Convention on the Prevention and Punishment of the Crime of Genocide, adopted on December 9, 1948.

President

Of the Republic of Kazakhstan N. Nazarbayev

Application

Convention on the Prevention and Punishment of the Crime of Genocide of December 9, 1948

(Collection of the Ministry of Foreign Affairs of the USSR,

"The USSR and international cooperation in the field of human rights",

Moscow, 1989, p. 134)

The Contracting Parties,

Bearing in mind that the United Nations General Assembly, in its resolution 96 (1) of December 11, 1946, declared that genocide is a crime violating the norms of international law and contrary to the spirit and purposes of the United Nations, and that the civilized world condemns it;

Recognizing that throughout history, genocide has caused great losses to humanity; and

Convinced that international cooperation is necessary to rid humanity of this heinous scourge,

Agree as provided below:

Article I

The Contracting Parties confirm that genocide, regardless of whether it is committed in peacetime or wartime, is a crime that violates the norms of international law and against which they undertake to take measures to prevent and punish its commission.

Article II

In this Convention, genocide means the following acts committed with the intent to destroy, in whole or in part, any national, ethnic, racial or religious group as such:

a) killing members of such a group;

b) causing serious bodily injury or mental distress to members of such a group;

(d) Measures designed to prevent childbearing among such a group;

(e) Forcible transfer of children from one human group to another.

Article III

The following acts are punishable:

a) Genocide;

(b) Conspiracy to commit genocide;

(d) Attempted genocide;

(e) Complicity in genocide.

Article IV

Persons who commit genocide or any other of the acts listed in article 3 are subject to punishment, regardless of whether they are constitutionally responsible rulers, officials or private individuals.

Article V

In order to give effect to the provisions of this Convention, the Contracting Parties undertake to implement the necessary legislation, each in accordance with its constitutional procedure, and, in particular, to provide for effective penalties for those responsible for genocide or other crimes referred to in Article 3.

Article VI

Persons accused of committing genocide or other acts listed in article 3 must be tried by a competent court of the State in whose territory the act was committed, or by an international criminal court that may have jurisdiction over the Parties to this Convention that have recognized the jurisdiction of such a court.

Article VII

With regard to the extradition of perpetrators, genocide and other acts listed in article 3 are not considered political crimes.

In such cases, the Contracting Parties undertake to carry out extradition in accordance with their legislation and existing treaties.

Article VIII

Each Party to this Convention may request the appropriate United Nations body to take, in accordance with the provisions of the Charter of the United Nations, all necessary measures, in its opinion, to prevent and suppress acts of genocide or one of the other acts listed in Article 3.

Article IX

Disputes between the Contracting Parties concerning the interpretation, application or implementation of this Convention, including disputes concerning the responsibility of a State for committing genocide or one of the other acts listed in Article 3, shall be referred to the International Court of Justice at the request of either party to the dispute.

Article X

This Convention, of which the Chinese, English, French, Russian and Spanish texts are authentic, dates from December 9, 1948.

Article XI

This Convention shall be open for signature until December 31, 1949, on behalf of any Member of the United Nations and any non-Member State invited by the General Assembly to sign the Convention.

This Convention is subject to ratification and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Starting from January 1, 1950, any Member of the United Nations and any non-Member State that has received the above-mentioned invitation may accede to this Convention.

The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article XII

Either Contracting Party may at any time, by notification addressed to the Secretary-General of the United Nations, extend the application of this Convention to all or some of the Territories for whose foreign relations it is responsible.

Article XIII

On the date on which the first twenty instruments of ratification or accession are deposited with the Secretary-General, the Secretary-General shall prepare a Protocol, which copies shall be transmitted to all Member States of the United Nations and to all non-Member States provided for in Article 11.

This Convention shall enter into force on the ninetieth day following the date of deposit of the twentieth instrument of ratification or accession.

Instruments of ratification and accession received after the entry into force of this Convention shall enter into force on the ninetieth day following the date of their deposit with the Secretary-General of the United Nations.

Article XIV

This Convention is valid for a period of ten years, starting from the date of its entry into force.

It remains in force for the next five years in respect of those Contracting Parties that do not denounce it at least six months before the expiration of the relevant period of its validity.

Denunciation shall be effected by written notification addressed to the Secretary-General of the United Nations.

Article XV

If, as a result of the denunciation, the number of parties to this Convention becomes less than sixteen, the Convention shall cease to be in force on the date of entry into force of the last denunciation.

Article XVI

A request for revision of this Convention may be submitted at any time by either Contracting Party by written communication addressed to the Secretary-General.

The General Assembly decides what measures should be taken in relation to such a requirement, if it considers it necessary to take any measures.

Article XVII

The Secretary-General of the United Nations shall notify all Members of the United Nations and non-member States provided for in Article 9.:

(a) All instruments of signature, ratification and accession received in accordance with article 11;

(b) All declarations received in accordance with article 12;

(d) Denunciations received in accordance with article 14;

(e) The repeal of the Convention in accordance with article 15;

(f) The declarations received in accordance with article 16.

Article XVIII

The original of this Convention shall be deposited in the archives of the United Nations.

Certified copies of the Convention shall be distributed to all Members of the United Nations and to non-member States provided for in Article 11.

Article XIX

This Convention shall be registered by the Secretary-General of the United Nations on the date of its entry into force.

Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide, made by the representative of the USSR on December 16, 1949, when signing the Convention

"According to Article 9: The Soviet Union considers the provisions of Article 9 to be non-binding, providing that disputes between the Contracting Parties concerning the interpretation, application and implementation of this Convention shall be referred to the International Court of Justice at the request of either party to the dispute, and declares that with regard to the jurisdiction of the International Court of Justice disputes on interpretation, Application or implementation The Soviet Union will adhere to the Convention, as it has done up to now, with this position, according to which, in order to submit a dispute to the International Court of Justice, the consent of all the disputing parties is required in each individual case.

Under article 12: The Union of Soviet Socialist Republics declares its disagreement with article 12 of the Convention and considers that all provisions of the Convention should apply to Non-Self-Governing Territories, including wards."

President

Republic of Kazakhstan

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