A/RES/59/38
Law Commission and also on the discussions of the open-ended Working Group of
the Sixth Committee,
Having considered the report of the Ad Hoc Committee on Jurisdictional
Immunities of States and Their Property, 4
Stressing the importance of uniformity and clarity in the law of jurisdictional
immunities of States and their property, and emphasizing the role of a convention in
this regard,
Noting the broad support for the conclusion of a convention on jurisdictional
immunities of States and their property,
Taking into account the statement of the Chairman of the Ad Hoc Committee
introducing the report of the Ad Hoc Committee, 5
1.
Expresses its deep appreciation to the International Law Commission and
the Ad Hoc Committee on Jurisdictional Immunities of States and Their Property for
their valuable work on the law of jurisdictional immunities of States and their
property;
Agrees with the general understanding reached in the Ad Hoc Committee
2.
that the United Nations Convention on Jurisdictional Immunities of States and Their
Property does not cover criminal proceedings;
Adopts the United Nations Convention on Jurisdictional Immunities of
3.
States and Their Property, which is contained in the annex to the present resolution,
and requests the Secretary-General as depositary to open it for signature;
4.
Invites States to become parties to the Convention.
65th plenary meeting
2 December 2004
Annex
United Nations Convention on Jurisdictional Immunities of States and
Their Property
The States Parties to the present Convention,
Considering that the jurisdictional immunities of States and their property are
generally accepted as a principle of customary international law,
Having in mind the principles of international law embodied in the Charter of
the United Nations,
Believing that an international convention on the jurisdictional immunities of
States and their property would enhance the rule of law and legal certainty,
particularly in dealings of States with natural or juridical persons, and would
contribute to the codification and development of international law and the
harmonization of practice in this area,
Taking into account developments in State practice with regard to the
jurisdictional immunities of States and their property,
_______________
4
5
2
Ibid., Fifty-ninth Session, Supplement No. 22 (A/59/22).
Ibid., Fifty-ninth Session, Sixth Committee, 13th meeting (A/C.6/59/SR.13), and corrigendum.