NCJ Number
54894
Date Published
1975
Length
9 pages
Annotation
THE TEXT IS PROVIDED IN ENGLISH AND IN FRENCH OF AN ADDITIONAL PROTOCOL TO THE EUROPEAN CONVENTION ON EXTRADITION SIGNED IN 1975 BY 18 MEMBER STATES OF THE COUNCIL OF EUROPE.
Abstract
THE ADDITIONAL PROTOCOL CONTAINS NINE ARTICLES WHOSE PRIMARY PURPOSE IS TO STRENGTHEN THE PROVISIONS OF THE 1957 EUROPEAN CONVENTION ON EXTRADITION BY EXTENDING OR MODIFYING THE LANGUAGE OF SPECIFIC ARTICLES. UNDER ARTICLE THREE OF THE CONVENTION, THE MEANING OF POLITICAL OFFENSES IS NARROWED TO EXCLUDE THE CRIMES AGAINST HUMANITY SPECIFIED IN THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE ADOPTED ON DECEMBER 9, 1948, BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS, ALSO EXCLUDED ARE THE VIOLATIONS SPECIFIED IN ARTICLE 50 OF THE 1949 GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD, ARTICLE 51 OF THE 1949 GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK, AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA, ARTICLE 130 OF THE 1949 GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR AND ARTICLE 147 OF THE 1949 GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR. FINALLY, THE MEANING OF POLITICAL OFFENSES EXCLUDES ANY COMPARABLE VIOLATION OF THE LAWS OF WAR HAVING EFFECT AT THE TIME WHEN THE ADDITIONAL PROTOCOL ENTERS INTO FORCE AND OF CUSTOMS OF WAR EXISTING AT THAT TIME, WHICH ARE NOT ALREADY PROVIDED FOR IN THE ABOVE-MENTIONED PROVISIONS OF THE GENEVA CONVENTIONS. ARTICLE TWO OF THE ADDITIONAL PROTOCOL STIPULATES ADDITIONAL CONDITIONS UNDER WHICH EXTRADITION WILL NOT BE GRANTED IN REGARD TO A PERSON AGAINST WHOM A FINAL JUDGMENT HAS BEEN RENDERED IN A THIRD STATE. THE REMAINING BRIEF ARTICLES MERELY SPECIFY CONDITIONS UNDER WHICH THE ADDITIONAL PROTOCOL CAN BE RATIFIED.