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STATUS AS AT : 17-04-2014 08:24:01 EDT
CHAPTER XVIII
PENAL MATTERS
6 . International Convention Against the Recruitment, Use, Financing and Training of Mercenaries
New York, 4 December 1989
Entry into force
:
20 October 2001, in accordance with article 19(1).
Registration :
20 October 2001, No. 37789
Status :
Signatories : 17. Parties : 33
Text :
United Nations,  Treaty Series , vol. 2163, p. 75; depositary notification C.N.888.2004.TREATIES-1 of 3 September 2004 [Proposal of corrections to the original text of the Convention (authentic Russian text)] and C.N.1070.2004.TREATIES-4 of 4 October 2004 [Rectification of the original of the Convention (Russian authentic text)].
Note :
The Convention was adopted by Resolution 44/341 on 4 December 1989.  It is open for signature by all States until 31 December 1990 at United Nations Headquarters in New York.
Participant
Signature, Succession to signature(d)
Ratification, Accession(a), Succession(d)
Angola
28 Dec 1990
 
Azerbaijan
   4 Dec 1997 a
Barbados
  10 Jul 1992 a
Belarus
13 Dec 1990
28 May 1997
Belgium
  31 May 2002 a
Cameroon
21 Dec 1990
26 Jan 1996
Congo
20 Jun 1990
 
Costa Rica
  20 Sep 2001 a
Croatia 2
  27 Mar 2000 a
Cuba
   9 Feb 2007 a
Cyprus
   8 Jul 1993 a
Democratic Republic of the Congo
20 Mar 1990
 
Georgia
   8 Jun 1995 a
Germany
20 Dec 1990
 
Guinea
  18 Jul 2003 a
Honduras
   1 Apr 2008 a
Italy
 5 Feb 1990
21 Aug 1995
Liberia
  16 Sep 2005 a
Libya
  22 Sep 2000 a
Maldives
17 Jul 1990
11 Sep 1991
Mali
  12 Apr 2002 a
Mauritania
   9 Feb 1998 a
Montenegro 3
23 Oct 2006 d
 
Morocco
 5 Oct 1990
 
New Zealand 4
  22 Sep 2004 a
Nigeria
 4 Apr 1990
 
Peru
  23 Mar 2007 a
Poland
28 Dec 1990
 
Qatar
  26 Mar 1999 a
Republic of Moldova
  28 Feb 2006 a
Romania
17 Dec 1990
 
Saudi Arabia
  14 Apr 1997 a
Senegal
   9 Jun 1999 a
Serbia 2
12 Mar 2001 d
 
Seychelles
  12 Mar 1990 a
Suriname
27 Feb 1990
10 Aug 1990
Syrian Arab Republic
  23 Oct 2008 a
Togo
  25 Feb 1991 a
Turkmenistan
  18 Sep 1996 a
Ukraine
21 Sep 1990
13 Sep 1993
Uruguay
20 Nov 1990
14 Jul 1999
Uzbekistan
  19 Jan 1998 a
Venezuela (Bolivarian Republic of)
  12 Nov 2013 a
Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made
upon ratification or acession.)
Belgium

Reservations:
       No provision of the present Convention should be interpreted as implying an obligation of mutual judicial assistance if the requested State party has reason to believe that the request for judicial assistance concerning certain offences has been submitted for the purposes of prosecuting or punishing a certain person on the grounds of ethnic origin, religion, nationality or political views, or if acceding to the request would prejudice the situation of that person on any of those grounds.
       No provision of the present Convention should be interpreted as implying an obligation of extradition if the requested State party has reason to believe that the request for extradition based on the offences set forth in the Convention has been submitted for the purposes of prosecuting or punishing a certain person on the grounds of ethnic origin, religion, nationality or political views , or if acceding to the request would prejudice the situation of that person on any of those grounds.
       No provision of the Convention should be interpreted as implying, for Belgium, an obligation to extradite Belgian nationals.

Cuba

Declarations, notification and reservation:
       With respect to article 1, paragraph 1, Cuba considers it pointless and irrelevant to include in the definition of "mercenary" the criterion established in paragraph 1 (b), which requires that material compensation be "substantially in excess of that promised or paid to combatants of similar rank and functions in the armed forces of that party". Cuba is of the view that material compensation alone, whatever the amount, is sufficient for an activity to be considered mercenary.
       Cuba considers that in order for a natural or legal person to be defined as a mercenary under this Convention, it is not necessary for all the criteria set forth in articles 1 and 2 to be met.
       The Republic of Cuba will therefore continue to apply the definition set forth in article 119 of its Penal Code of 1988, which defines a mercenary as "anyone who, in order to receive a wage or other form of material compensation, joins a military formation made up, in whole or in part, of individuals who are not citizens of the State in whose territory they plan to act" and "who collaborates in or carries out any other act for the direct or indirect purpose of achieving the aforementioned objective".
       With respect to article 13, paragraph 1, Cuba considers that it should be clarified that the law referred to in this article applies only to judicial cooperation between States parties, not to criminal proceedings brought against persons presumed to have committed the offence of mercenarism.
       Pursuant to the provisions of article 17, paragraph 2, Cuba declares that it does not consider itself bound by paragraph 1 of this article.

Republic of Moldova

Declarations and Reservation:
       Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Convention shall be applied only on the territory controlled effectively by the authorities of the Republic of the Moldova.
       No provision of the Convention should be interpreted as implying, for the Republic of Moldova, an obligation to extradite its own citizens or persons granted with political asylum.
       According to article 17 paragraph 2 of the Convention, the Republic of Moldova does not consider itself bound by article 17, paragraph 1 of the Convention.

Saudi Arabia

Reservation:
       The Kingdom of Saudi Arabia does not consider itself bound by article 17, paragraph 1, of the Convention.

Syrian Arab Republic
       Reservation:
       The Syrian Arab Republic makes a reservation to article 17, paragraph 1 of the Convention.
Venezuela (Bolivarian Republic of)

Declaration:
       With regard to the provisions laid down in article 12, the extradition of Venezuelan nationals is expressly prohibited by the Venezuelan law. In that respect, in the event of a request for extradition of a Venezuelan national, the Bolivarian Republic of Venezuela will submit the case to the competent Venezuelan authorities for the purpose of prosecution, through proceedings in accordance with the laws of the Bolivarian Republic of Venezuela.

Reservation:
       Pursuant to paragraph 2, article 17, of the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, the Bolivarian Republic of Venezuela makes an express reservation to paragraph 1 of the same article. Therefore, it does not consider itself bound to resort to arbitration as a means of dispute settlement, nor does it recognize the compulsory jurisdiction of the International Court of Justice.

End Note
1. Official Records of the General Assembly, Forty-fourth Session, Supplement No. 49 (A/44/49), p. 306.
2.The former Yugoslavia had signed the Convention on 12 December 1990. See also note 1 under "Bosnia and Herzegovina", "Croatia", "former Yugoslavia", "Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia"  in the "Historical Information" section in the front matter of this volume.
3.See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.
4.With the following territorial exclusion:

"... consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory."