United Nations Personnel Act 1997
| Act of Parliament | |
 | |
| Long title | An Act to enable effect to be given to certain provisions of the Convention on the Safety of United Nations and Associated Personnel adopted by the General Assembly of the United Nations on 9th December 1994. |
|---|---|
| Citation | 1997 c. 13 |
| Introduced by | John Marshall MP (Commons) Lord Brougham and Vaux (Lords) |
| Territorial extent | England and Wales, Scotland and Northern Ireland |
| Dates | |
| Royal assent | 27 February 1997 |
| Commencement | 27 April 1997 |
Status: Current legislation | |
| Text of statute as originally enacted | |
| Text of the United Nations Personnel Act 1997 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The United Nations Personnel Act 1997 (c. 13) is an act of the Parliament of the United Kingdom which implements the Convention on the Safety of United Nations and Associated Personnel. The goal of the Convention is to protect United Nations peacekeepers and other UN personnel.
Provisions
[edit]The Act has universal jurisdiction.[1] Offences under the act do not need to meet the threshold to be considered as offences which constitute violations of the laws of nations.[2]
The Act requires approval by the Attorney General an individual can be charged.[3]
The Act applies whether the offences would occur during wartime or during peacetime.[4]
The Act has extended jurisdiction so that it can be used to prosecute terrorist action.[5]
Amendments
[edit]The Act was amended by the Geneva Conventions and United Nations Personnel (Protocols) Act 2009 in order to ratify Protocol III of the Geneva Convention.[6]
Legislative passage
[edit]The bill received "all-party support" in Parliament, so its legislative passage was "speedy", with the convention being described as "welcome" even though a prosecution may have been unlikely.[7]
Further developments
[edit]The Act has been cited in US court cases as an example of extraterritorial English law.[8]
See also
[edit]- Geneva Conventions and United Nations Personnel (Protocols) Act 2009
- Convention on the Safety of United Nations and Associated Personnel
References
[edit]- ^ "Universal Jurisdiction: Law and Practice in England and Wales" (PDF). Open Society Justice Initiative. 2022. Retrieved 2024-10-15.
- ^ Kirshner, Jodie A. (2012). "Brief of Amici Curiae English Law Practitioners Martyn Day, Richard Hermer QC, Richard Meeran, and Blinne Ní Ghrálaigh in Support of Petitioners". SSRN Electronic Journal. doi:10.2139/ssrn.2089490. ISSN 1556-5068.
- ^ "Legal Remedies for Victims of "International Crimes"" (PDF). Redress. 2004.
- ^ Gardiner, Richard K. (2003). International Law. Longman. ISBN 978-0-582-36976-4.
- ^ Waters, Christopher Peter Michael; Waters, Christopher P. M., eds. (2006). British and Canadian perspectives on international law. Leiden: Nijhoff Publ. ISBN 978-90-04-15381-3.
- ^ Meyer, Michael; Garraway, Charles (2010-01-27). "I. The Geneva Conventions and United Nations Personnel (Protocols) Act 2009: A Move Away from the Minimalist Approach". International and Comparative Law Quarterly. 59 (1): 171–180. doi:10.1017/S0020589309990121. ISSN 0020-5893.
- ^ "United Nations Personnel Bill". UK Parliament. 1997-02-06. Retrieved 2024-10-15.
- ^ Hausfield, Michael D. (2012-06-13). "BRIEF OF AMICI CURIAE ENGLISH LAW PRACTITIONERS MARTYN DAY, RICHARD HERMER QC, RICHARD MEERAN, AND BLINNE NÍ GHRÁLAIGH IN SUPPORT OF PETITIONERS" (PDF). U.S. Chamber of Commerce. Retrieved 2024-10-15.