Criminal Justice (Safety of United Nations Workers) Act, 2000
What is this act about?
This law makes it a crime to commit certain acts against United Nations workers, their premises, or vehicles, even if these acts happen outside of the State. It aims to implement an international convention on the safety of UN personnel.
Who it applies to: Anyone who commits an act against a United Nations worker or their property; United Nations workers, who are defined as individuals engaged in UN operations, officials, experts on mission, or those supporting UN operations.
Deadlines:
- Making a threat to commit such an act, intending to cause fear, is an offence punishable by up to 10 years imprisonment (Section 4).
At a glance
- Country
- Ireland
- Area of law
- Criminal law
- Articles
- 29
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Offences committed against United Nations workers.
- Offences related to attacks on premises or vehicles used by United Nations workers.
- Threats made to compel a person to act or refrain from acting, where the threat involves committing an offence against a UN worker or their property.
- Amendments to existing laws regarding defence, criminal procedure, extradition, and bail to include these new offences.
Who does this act apply to?
- Anyone who commits an act against a United Nations worker or their property.
- United Nations workers, who are defined as individuals engaged in UN operations, officials, experts on mission, or those supporting UN operations.
What are the key points?
- An act committed outside the State against a United Nations worker that would be an offence in the State is punishable as if it occurred in the State (Section 2).
- An act committed outside the State in connection with an attack on a UN worker's premises or vehicle that would be an offence in the State is punishable as if it occurred in the State (Section 3).
- Making a threat to commit such an act, intending to cause fear, is an offence punishable by up to 10 years imprisonment (Section 4).
- Proceedings for offences under this Act require the consent of the Director of Public Prosecutions (Section 5(1)).
Criminal law
Legal text
Legal text
Contents (29)
- Article 1 Definitions
- Article 2 Scope of application
- Article 3 Identification
- Article 4 Agreements on the status of the operation
- Article 5 Transit
- Article 6 Respect for laws and regulations
- Article 7 Duty to ensure the safety and security of United Nations and associate
- Article 8 Duty to release or return United Nations and associated personnel capt
- Article 9 Crimes against United Nations and associated personnel
- Article 10 Establishment of jurisdiction
- Article 11 Prevention of crimes against United Nations and associated personnel
- Article 12 Communication of information
- Article 13 Measures to ensure prosecution or extradition
- Article 14 Prosecution of alleged offenders
- Article 15 Extradition of alleged offenders
- Article 16 Mutual assistance in criminal matters
- Article 17 Fair treatment
- Article 18 Notification of outcome of proceedings
- Article 19 Dissemination
- Article 20 Savings clauses
- Article 21 Right of self-defence
- Article 22 Dispute settlement
- Article 23 Review meetings
- Article 24 Signature
- Article 25 Ratification, acceptance or approval
- Article 26 Accession
- Article 27 Entry into force
- Article 28 Denunciation
- Article 29 Authentic texts
Criminal Justice (Safety of United Nations Workers) Act, 2000 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2000 Criminal Justice (Safety of United Nations Workers) Act, 2000 Criminal Justice (Safety of United Nations Workers) Act, 2000 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 16 of 2000 CRIMINAL JUSTICE (SAFETY OF UNITED NATIONS WORKERS) ACT, 2000 ARRANGEMENT OF SECTIONS Section 1.
Interpretation.
2.
Offences against United Nations workers.
3.
Offences in connection with premises or vehicles of United Nations workers.
4.
Related offences.
5.
Proceedings under Act.
6.
Amendment of Defence Act, 1954.
7.
Amendment of Criminal Procedure Act, 1967.
8.
Amendment of Schedule to Extradition (Amendment) Act, 1994.
9.
Amendment of Schedule to Bail Act, 1997.
10.
Double jeopardy.
11.
Expenses.
12.
Short title.
FIRST SCHEDULE Convention On The Safety Of United Nations And Associated Personnel SECOND SCHEDULE
PART I
PART II
Acts Referred to Bail Act, 1997 1997, No. 16 Criminal Damage Act, 1991 1991, No. 31 Criminal Justice (United Nations Convention against Torture) Act, 2000 2000, No. 11 Criminal Law (Rape) (Amendment) Act, 1990 1990, No. 32 Criminal Procedure Act, 1967 1967, No. 12 Defence Act, 1954 1954, No. 18 Explosive Substances Act, 1883 1883, 46 & 47 Vict. c.3 Extradition Act, 1965 1965, No. 17 Extradition (Amendment) Act, 1994 1994, No. 6 Non-Fatal Offences against the Person Act, 1997 1997, No. 26 Number 16 of 2000 CRIMINAL JUSTICE (SAFETY OF UNITED NATIONS WORKERS) ACT, 2000 AN ACT TO GIVE EFFECT TO THE CONVENTION ON THE SAFETY OF UNITED NATIONS AND ASSOCIATED PERSONNEL DONE AT NEW YORK ON THE 9TH DAY OF DECEMBER, 1994, AND FOR THAT PURPOSE TO AMEND CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [28th June, 2000] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Interpretation.
1.—(1) In this Act, except where the context otherwise requires— “act” includes omission and a reference to the doing of an act includes a reference to the making of an omission; “the Act of 1965” means the Extradition Act, 1965 ; “the Act of 2000” means the Criminal Justice (United Nations Convention against Torture) Act, 2000 ; “the Convention” means the Convention on the Safety of United Nations and Associated Personnel done at New York on the 9th day of December, 1994, the text of which, in the English language, is, for convenience of reference, set out in the First Schedule to the Act; “specialised agency” has the meaning assigned to it by Article 57 of the Charter of the United Nations; “United Nations operation” means an operation established by the competent organ of the United Nations in accordance with the Charter of the United Nations and conducted under United Nations authority and control where— (a) the operation is for the purpose of maintaining or restoring international peace and security, or (b) the Security Council or the General Assembly has declared, for the purposes of the Convention, that there exists an exceptional risk to the safety of the personnel participating in the operation,but does not include a United Nations operation authorised by the Security Council as an enforcement action under Chapter VII of the Charter of the United Nations in which any of the personnel are engaged as combatants against organised armed forces and to which the law of international armed conflict applies; a “United Nations worker” means a person who, in relation to an alleged offence, at the time of the alleged offence— (a) is engaged or deployed by the Secretary-General of the United Nations as a member of the military, police or civilian component of a United Nations operation, (b) is, in his or her capacity as an official or expert on mission of the United Nations, a specialised agency of the United Nations or the International Atomic Energy Agency, present in an area where a United Nations operation is being conducted, (c) is assigned, with the agreement of the competent organ of the United Nations, by a Government or intergovernmental organisation to carry out activities in support of the fulfilment of the mandate of a United Nations operation, (d) is engaged by the Secretary-General of the United Nations or by a specialised agency or by the International Atomic Energy Agency to carry out such activities, or (e) is deployed by a humanitarian non-governmental organisation or agency under an agreement with the Secretary-General of the United Nations or with a specialised agency or with the International Atomic Energy Agency to carry out such activities.
Offences against United Nations workers.
2.—Where a person does outside the State an act to, or in relation to, a United Nations worker that, if done in the State, would constitute an offence specified in Part I of the Second Schedule , he or she shall be guilty of an offence and liable on conviction to the penalty to which he or she would have been liable if he or she had done the act in the State.
Offences in connection with premises or vehicles of United Nations workers.
3.—(1) Where a person does outside the State an act in connection with an attack on a premises or vehicle that, if done in the State, would constitute an offence specified in Part II of the Second Schedule , he or she shall be guilty of an offence and liable on conviction to the penalty to which he or she would have been liable if he or she had done the act in the State.
Related offences.
4.—(1) Where a person in or outside the State contravenes subsection (2), he or she shall be guilty of an offence.
Proceedings under Act.
5.—(1) Where a person is charged with an offence under this Act, no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.
Amendment of Defence Act, 1954.
6.—The Defence Act, 1954 , is hereby amended— (a) in section 169, by the insertion in subsection (3) after paragraph (dd) of the following: “(ddd) if he or she is convicted of an offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000, be liable either to suffer any punishment assigned for such offence by that Act or any less punishment awardable by a court-martial.”, and (b) in section 192, by— (i) the insertion in subsection (2)(c) after “or an offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000 ” of “or an offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000”, and (ii) the insertion in subsection (3) after “an offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000 ” of “an offence under theCriminal Justice (Safety of United Nations Workers) Act, 2000,”.
Amendment of Criminal Procedure Act, 1967.
7.—The Criminal Procedure Act, 1967 , is hereby amended— (a) in section 13(1) by the insertion after “an offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000 ,” (inserted by section 8 of the Act of 2000) of “the offence of murder under section 2 of the Criminal Justice (Safety of United Nations Workers) Act, 2000, or an attempt or conspiracy to commit that offence,”, and (b) in section 29(1) by the insertion after paragraph (h) (inserted by section 8 of the Act of 2000) of the following: “(i) the offence of murder under section 2 of the Criminal Justice (Safety of United Nations Workers) Act, 2000, or an attempt or conspiracy to commit that offence.”.
Amendment of Schedule to Extradition (Amendment) Act, 1994.
8.—The First Schedule to the Extradition (Amendment) Act, 1994 , is hereby amended by the insertion after paragraph 6A of the following: “6B. Any offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000”.
Amendment of Schedule to Bail Act, 1997.
9.—The Schedule to the Bail Act, 1997 , is hereby amended by the insertion after paragraph 31 of the following paragraph: “Offences against United Nations workers 32. Any offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000.”.
Double jeopardy.
10.—Where a person has been acquitted or convicted, in a place other than the State, of an offence, that person shall not be proceeded against for an offence under this Act, in respect of the act constituting the first-mentioned offence.
Expenses.
11.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Short title.
12.—This Act may be cited as the Criminal Justice (Safety of United Nations Workers) Act, 2000.
FIRST SCHEDULE Convention On The Safety Of United Nations And Associated Personnel
Section 1
.
The States Parties to this Convention, Deeply concerned over the growing number of deaths and injuries resulting from deliberate attacks against United Nations and associated personnel, Bearing in mind that attacks against, or other mistreatment of, personnel who act on behalf of the United Nations are unjustifiable and unacceptable, by whomsoever committed, Recognising that United Nations operations are conducted in the common interest of the international community and in accordance with the principles and purposes of the Charter of the United Nations, Acknowledging the important contribution that United Nations and associated personnel make in respect of United Nations efforts in the fields of preventive diplomacy, peacemaking, peace-keeping, peace-building and humanitarian and other operations, Conscious of the existing arrangements for ensuring the safety of United Nations and associated personnel, including the steps taken by the principal organs of the United Nations, in this regard, Recognizing none the less that existing measures of protection for United Nations and associated personnel are inadequate, Acknowledging that the effectiveness and safety of United Nations operations are enhanced where such operations are conducted with the consent and cooperation of the host State, Appealing to all States in which United Nations and associated personnel are deployed and to all others on whom such personnel may rely, to provide comprehensive support aimed at facilitating the conduct and fulfilling the mandate of United Nations operations, Convinced that there is an urgent need to adopt appropriate and effective measures for the prevention of attacks committed against United Nations and associated personnel and for the punishment of those who have committed such attacks, Have agreed as follows:
Article 1Definitions
For the purposes of this Convention: (a) “United Nations personnel” means: (i) Persons engaged or deployed by the Secretary-General of the United Nations as members of the military, police or civilian components of a United Nations operation; (ii) Other officials and experts on mission of the United Nations or its specialized agencies or the International Atomic Energy Agency who are present in an official capacity in the area where a United Nations operation is being conducted; (b) “Associated personnel” means: (i) Persons assigned by a Government or an intergovernmental organization with the agreement of the competent organ of the United Nations; (ii) Persons engaged by the Secretary-General of the United Nations or by a specialized agency or by the International Atomic Energy Agency; (iii) Persons deployed by a humanitarian non-governmental organization or agency under an agreement with the Secretary-General of the United Nations or with a specialized agency or with the International Atomic Energy Agency, to carry out activities in support of the fulfilment of the mandate of a United Nations operation: (c) “United Nations operation” means an operation established by the competent organ of the United Nations in accordance with the Charter of the United Nations and conducted under United Nations authority and control: (i) Where the operation is for the purpose of maintaining or restoring international peace and security; or (ii) Where the Security Council or the General Assembly has declared, for the purposes of this Convention, that there exists an exceptional risk to the safety of the personnel participating in the operation; (d) “Host State” means a State in whose territory a United Nations operation is conducted; (e) “Transit State” means a State, other than the host State, in whose territory United Nations and associated personnel or their equipment are in transit or temporarily present in connection with a United Nations operation.
Article 2Scope of application
Article 3Identification
Article 4Agreements on the status of the operation
The host State and the United Nations shall conclude as soon as possible an agreement on the status of the United Nations operation and all personnel engaged in the operation including, inter alia, provisions on privileges and immunities for military and police components of the operation.
Article 5Transit
A transit State shall facilitate the unimpeded transit of United Nations and associated personnel and their equipment to and from the host State.
Article 6Respect for laws and regulations
Article 7Duty to ensure the safety and security of United Nations and associated personnel
Article 8Duty to release or return United Nations and associated personnel captured or detained
Except as otherwise provided in an applicable status-of-forces agreement, if United Nations or associated personnel are captured or detained in the course of the performance of their duties and their identification has been established, they shall not be subjected to interrogation and they shall be promptly released and returned to United Nations or other appropriate authorities. Pending their release such personnel shall be treated in accordance with universally recognized standards of human rights and the principles and spirit of the Geneva Conventions of 1949.
Article 9Crimes against United Nations and associated personnel
Article 10Establishment of jurisdiction
Article 11Prevention of crimes against United Nations and associated personnel
States Parties shall cooperate in the prevention of the crimes set out in article 9, particularly by: (a) Taking all practicable measures to prevent preparations in their respective territories for the commission of those crimes within or outside their territories; and (b) Exchanging information in accordance with their national law and coordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes.
Article 12Communication of information
Article 13Measures to ensure prosecution or extradition
Article 14Prosecution of alleged offenders
The State Party in whose territory the alleged offender is present shall, if it does not extradite that person, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the law of that State. Those authorities shall take their decision in the same manner as in the case of an ordinary offence of a grave nature under the law of that State.
Article 15Extradition of alleged offenders
Article 16Mutual assistance in criminal matters
Article 17Fair treatment
Article 18Notification of outcome of proceedings
The State Party where an alleged offender is prosecuted shall communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to other States Parties.
Article 19Dissemination
The States Parties undertake to disseminate this Convention as widely as possible and, in particular, to include the study thereof, as well as relevant provisions of international humanitarian law, in their programmes of military instruction.
Article 20Savings clauses
Nothing in this Convention shall affect: (a) The applicability of international humanitarian law and universally recognised standards of human rights as contained in international instruments in relation to the protection of United Nations operations and United Nations and associated personnel or the responsibility of such personnel to respect such law and standards; (b) The rights and obligations of States, consistent with the Charter of the United Nations, regarding the consent to entry of persons into their territories; (c) The obligation of United Nations and associated personnel to act in accordance with the terms of the mandate of a United Nations operation; (d) The right of States which voluntarily contribute personnel to a United Nations operation to withdraw their personnel from participation in such operation; or (e) The entitlement to appropriate compensation payable in the event of death, disability, injury or illness attributable to peace-keeping service by persons voluntarily contributed by States to United Nations operations.
Article 21Right of self-defence
Nothing in this Convention shall be construed so as to derogate from the right to act in self-defence.
Article 22Dispute settlement
Article 23Review meetings
At the request of one or more States Parties, and if approved by a majority of States Parties, the Secretary-General of the United Nations shall convene a meeting of the States Parties to review the implementation of the Convention, and any problems encountered with regard to its application.
Article 24Signature
This Convention shall be open for signature by all States, until 31 December 1995, at United Nations Headquarters in New York.
Article 25Ratification, acceptance or approval
This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.
Article 26Accession
This Convention shall be open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 27Entry into force
Article 28Denunciation
Article 29Authentic texts
The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.
SECOND SCHEDULE
Section 2
.
PART I
Common law offences 1. Murder.
Non-fatal offences 4. Any offence under the following provisions of the Non-Fatal Offences against the Person Act, 1997 — (a) section 2 (assault); (b) section 3 (assault causing harm); (c) section 4 (assault causing serious harm); (d) section 5 (threats to kill or cause serious harm); (e) section 12 (poisoning); (f) section 13 (endangerment); (g) section 15 (false imprisonment).
Sexual offences 5. Any offence under the following provisions of the Criminal Law (Rape) (Amendment) Act, 1990 — (a) section 2 (sexual assault); (b) section 3 (aggravated sexual assault); (c) section 4 (rape under section 4).
Explosives 6. Any offence under section 2 (causing explosion likely to endanger life or damage property) of the Explosive Substances Act, 1883 .
PART II
Section 3.
Explosives 1. Any offence under section 2 (causing explosion likely to endanger life or damage property) of the Explosive Substances Act, 1883 .
Criminal damage 2. Any offence under the following provisions of the Criminal Damage Act, 1991 — (a) section 2 (damaging property); (b) section 3 (threat to damage property); (c) section 4 (possessing any thing with intent to damage property).
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