Membership of the Holy See to the Convention on crimes against diplomats

Sept 27, 2012: On Wednesday the Vatican Secretary for Relations with States Dominique Mamberti, presented to the Secretary General of the United Nations the instrument of accession to the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents. By acceding to the convention, the Holy See intends to contribute and to give its moral support to the global prevention, repression and prosecution of such crimes and to the protection of their victims.

In conformity with its own nature, its Mission, and the particular character of Vatican City State, the Holy See upholds the values of brotherhood, justice and peace between persons and peoples, whose protection and strengthening require the primacy of the rule of law and respect for human rights, and it reaffirms that instruments of criminal and judicial cooperation constitute effective safeguards in the face of criminal activities that jeopardize human dignity and peace.

However, Pursuant to article 13.2 of the Convention, the Holy See, acting also in the name and on behalf of Vatican City State, declares that it does not consider itself bound by article 13.1 of the Convention. The Holy See, acting also in the name and on behalf of Vatican City State, specifically reserves the right to agree in a particular case, on an ad hoc basis, to any convenient means to settle any dispute arising out of this Convention. Below, the entire text of the Document:

The undersigned Cardinal Secretary of State has the honour to certify hereby that the Holy See, acting also in the name and on behalf of Vatican City State, accedes to the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, which was adopted in New York on 14 December 1973 and came into force on 20 February 1977.

By acceding to this Convention, the Holy See intends to contribute and to give its moral support to the global prevention, repression and prosecution of crimes against Internationally Protected Persons, including Diplomatic Agents, and to the protection of victims of such crime. In conformity with its own nature, its Mission, and the particular character of Vatican City State, the Holy See upholds the values of brotherhood, justice and peace between persons and peoples, whose protection and strengthening require the primacy of the rule of law and respect for human rights, and it reaffirms that instruments of criminal and judicial cooperation constitute effective safeguards in the face of criminal activities that jeopardize human dignity and peace.

Enclosed are the texts of one reservation and three declarations, which are an integral part of this Instrument of Accession.

In witness whereof the undersigned Cardinal Secretary of State has signed this document and has affixed thereto his seal.

From the Vatican, 18^th September 2012

+ Tarcisio Card. Bertone
Secretary of State



Reservation and declarations


By acceding to the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, the Holy See intends to contribute and to give its moral support to the global prevention, repression and prosecution of such crimes and to the protection of their victims.

In conformity with its own nature, its Mission, and the particular character of Vatican City State, the Holy See upholds the values of brotherhood, justice and peace between persons and peoples, whose protection and strengthening require the primacy of the rule of law and respect for human rights, and it reaffirms that instruments of criminal and judicial cooperation constitute effective safeguards in the face of criminal activities that jeopardize human dignity and peace.

Reservation

Pursuant to article 13.2 of the Convention, the Holy See, acting also in the name and on behalf of Vatican City State, declares that it does not consider itself bound by article 13.1 of the Convention. The Holy See, acting also in the name and on behalf of Vatican City State, specifically reserves the right to agree in a particular case, on an ad hoc basis, to any convenient means to settle any dispute arising out of this Convention.

Declarations


Pursuant to articles8.2 and 8.3 of the Convention, the Holy See declares that it takes the Convention as the legal basis for cooperation on extradition with other Parties to the Convention, subject to the limitations to the extradition of persons provided for by its domestic law.

With regard to articles 8 and 10 of the Convention, the Holy See declares that, in light of its legal doctrine and the sources of its law (Vatican City State Law LXXI, 1 October 2008), nothing in the Convention shall be interpreted as imposing an obligation to extradite or provide mutual legal assistance if there are substantial grounds for believing that the request is made for the purpose of prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin or political opinion; that compliance with the request would cause prejudice to that person’s position for any of these reason; or that the person would be subject to the death penalty or to torture.

Pursuant to the last sentence of article 2.2(a) of the International Convention for the Suppression of the Financing of Terrorism, of 9 December 1999, the Holy See, acting also in the name and on behalf of Vatican City State, declares that, from the moment the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, enters into force for the Holy See, it shall be deemed to be included within the scope of the Convention for the Suppression of the Financing of Terrorism pursuant to its article 2.1(a).