Treaties, States Parties and Commentaries
Treaties and Documents
Geneva Conventions of 1949 and Additional Protocols, and their Commentaries
Historical Treaties and Documents
International Convention against the Recruitment, Use, Financing and Training of Mercenaries, 4 December 1989.
1. Upon being satisfied that the circumstances so warrant, any State Party in whose territory the alleged offender is present shall, in accordance with its laws, take him into custody or take such other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted. The State Party shall immediately make a preliminary inquiry into the facts.
2. When a State Party, pursuant to this article, has taken a person into custody or has taken such other measures referred to in paragraph 1 of this article, it shall notify without delay either directly or through the Secretary-General of the United Nations:
(a) The State Party where the offence was committed;
(b) The State Party against which the offence has been directed or attempted;
(c) The State Party of which the natural or juridical person against whom the offence has been directed or attempted is a national;
(d) The State Party of which the alleged offender is a national or, if he is a stateless person, in whose territory he has his habitual residence;
(e) Any other interested State Party which it considers it appropriate to notify.
3. Any person regarding whom the measures referred to in paragraph 1 of this article are being taken shall be entitled:
(a) To communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to protect his rights or, if he is a stateless person, the State in whose territory he has his habitual residence;
(b) To be visited by a representative of that State.
4. The provisions of paragraph 3 of this article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with article 9, paragraph 1 (b)
, to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.
5. The State which makes the preliminary inquiry contemplated in paragraph 1 of this article shall promptly report its findings to the States referred to in paragraph 2 of this article and indicate whether it intends to exercise jurisdiction.