Criminalization of offences in the sphere of military and security services

1. Each State party shall take such measures as may be necessary to criminalize mercenarism as foreseen in the International Convention against the Recruitment, Use, Financing and Training of Mercenaries and other related international treaties.

2. Each State party under Article 16 of the Convention shall take such legislative and other measures as may be necessary to acknowledge as a penal action export and import of military and security services without the correspondent licenses (authorizations).

Article 22

Establishment of jurisdiction

1. Each State party shall take such measures as may be necessary to establish its jurisdiction over the crimes set out in article 22 when:

(a) The crime is committed in the territory of that State; or

(b) The crime is committed by a national of that State.

2. A State party may also establish its jurisdiction over any of the crimes set out in article 22 when:

(a) The crime is committed against a national of that State; or

(b) The crime is committed by a stateless person who has his or her habitual residence in the territory of that State.

3. 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.

4. Each State party shall likewise take such measures as may be necessary to establish its jurisdiction over the crimes set out in article 22 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 the present article.

5. Each State party which establishes jurisdiction under subparagraphs 1(b) and paragraphs 2 or 4 of the present article shall make the crimes set out in article 22 punishable by at least the same penalties which would apply when they are committed in its territory.

6. This Convention does not exclude the exercise of any criminal jurisdiction established by a State party in accordance with its national law.

Дата добавления: 2015-07-11