Mercenary Activities (Prohibition) Act 2004

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Mercenary Activities (Prohibition) Act 2004

Public Act2004 No 69
Date of assent6 July 2004
Commencementsee section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Foreign Affairs and Trade.


Contents

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Purpose

4 Interpretation

5 Mercenary defined

6 Act binds the Crown

Part 2
Mercenary activities

Recruiting, using, financing, and training of mercenary

7 Recruiting person to be mercenary

8 Using mercenary

9 Financing mercenary

10 Training prospective mercenary

11 Training mercenary

Mercenary taking part in hostilities or concerted act of violence

12 Mercenary taking part in hostilities or concerted act of violence

Extraterritorial jurisdiction

13 Extraterritorial jurisdiction

Part 3
Miscellaneous provisions

Evidence that States are, or are not, Parties to Mercenaries Convention

14 Certificate as to States Parties under Mercenaries Convention

Investigation and prosecution of offences against Act or referred to in Mercenaries Convention

15 Application of sections 16 and 17

16 Attorney-General to notify relevant States Parties of measures taken to ensure person’s presence

17 Attorney-General to indicate to relevant States Parties whether New Zealand to exercise jurisdiction

18 Rights of certain persons taken into custody to communicate with representative of State

19 Attorney-General’s consent to prosecutions required

20 Attorney-General to communicate outcome of prosecution

Extradition

21 Offences deemed to be included in extradition treaties

Amendment to Extradition Act 1999

22 Amendment to Extradition Act 1999

Amendment to Mutual Assistance in Criminal Matters Act 1992

23 Schedule of Mutual Assistance in Criminal Matters Act 1992 amended to refer to Mercenaries Convention

Schedule
International Convention against the Recruitment, Use, Financing and Training of Mercenaries


1 Title
  • This Act is the Mercenary Activities (Prohibition) Act 2004.

Part 1
Preliminary provisions

2 Commencement
  • This Act comes into force on a date to be appointed by the Governor-General by Order in Council.

    Section 2: Mercenary Activities (Prohibition) Act 2004 brought into force, on 22 October 2004, by the Mercenary Activities (Prohibition) Act Commencement Order 2004 (SR 2004/270).

3 Purpose
  • The purpose of this Act is to implement in New Zealand law New Zealand’s obligations under the Mercenaries Convention.

4 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    concerted act of violence means an act of violence designed to—

    • (a) overthrow a government or otherwise undermine the constitutional order of a State; or

    • (b) undermine the territorial integrity of a State

    Mercenaries Convention means the International Convention against the Recruitment, Use, Financing and Training of Mercenaries done at New York on 4 December 1989 (a copy of the English text of which is set out in the Schedule)

    mercenary has the meaning given to it in section 5(1).

    (2) For the purposes of this Act, a person must be treated as being ordinarily resident in a specified State (including New Zealand) if—

    • (a) the person’s home is in the State; or

    • (b) the person is residing in the State with the intention of residing there indefinitely; or

    • (c) having resided in the State with the intention of establishing his or her home in the State indefinitely, the person is outside the State but has an intention to return to establish his or her home in the State or to reside in the State indefinitely.

5 Mercenary defined
  • (1) In this Act, unless the context otherwise requires, mercenary means—

    • (a) any person—

      • (i) who is recruited, within New Zealand or elsewhere, in order to take part in hostilities in an armed conflict; and

      • (ii) whose purpose, or one of whose purposes, in taking part in hostilities in the armed conflict is making private gain; and

      • (iii) who is promised or paid by, or on behalf of, a party to the armed conflict material compensation substantially in excess of that promised or paid to combatants of similar rank and functions in the armed forces of that party; or

    • (b) any person, other than a person referred to in paragraph (a),—

      • (i) who is recruited, within New Zealand or elsewhere, in order to take part in a concerted act of violence; and

      • (ii) whose purpose, or one of whose purposes, in taking part in the concerted act of violence is making significant private gain; and

      • (iii) who is promised or paid material compensation.

    (2) A person is not a mercenary—

    • (a) within the meaning of subsection (1)(a) if he or she is—

      • (i) a citizen of a party to the armed conflict or ordinarily resident in territory controlled by a party to the armed conflict; or

      • (ii) a member of the armed forces of a party to the armed conflict; or

      • (iii) sent by a State that is not a party to the armed conflict on official duty as a member of its armed forces:

    • (b) within the meaning of subsection (1)(b) if he or she is—

      • (i) a citizen of, or ordinarily resident in, the State against which the concerted act of violence is directed; or

      • (ii) sent by a State on official duty; or

      • (iii) a member of the armed forces of the State on whose territory the concerted act of violence is undertaken.

    (3) A person is not a mercenary within the meaning of subsection (1)(a) or subsection (1)(b) if he or she is taking part in—

    • (a) a peace support mission—

      • (i) for any of the purposes of the United Nations; or

      • (ii) that is undertaken in accordance with the principles of the Charter of the United Nations; or

    • (b) the detection, clearance, deactivation, or destruction of mines or unexploded ordnance, other than in a combat role; or

    • (c) the delivery of humanitarian aid; or

    • (d) domestic policing duties or other lawful activities of a similar kind involving the protection of individuals or property.

    (4) Subsections (2) and (3) do not limit the circumstances in which a person is not a mercenary.

6 Act binds the Crown
  • This Act binds the Crown.

Part 2
Mercenary activities

Recruiting, using, financing, and training of mercenary

7 Recruiting person to be mercenary
  • (1) Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 14 years, who recruits, within New Zealand or elsewhere, a person for the purpose of taking part in hostilities in an armed conflict—

    • (a) with the intention that the person being recruited make private gain from taking part in hostilities in the armed conflict; and

    • (b) knowing that the person being recruited has been or is being promised by, or on behalf of, a party to the armed conflict, material compensation substantially in excess of that promised or paid to combatants of similar rank and functions in the armed forces of that party.

    (2) Subsection (1) does not apply if the person being recruited—

    • (a) is a citizen of a party to the armed conflict or ordinarily resident in territory controlled by a party to the armed conflict; or

    • (b) is, or once recruited will be, a member of the armed forces of a party to the armed conflict; or

    • (c) will be sent by a State that is not a party to the armed conflict on official duty as a member of its armed forces.

    (3) Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 14 years, who recruits, within New Zealand or elsewhere, a person for the purpose of taking part in a concerted act of violence—

    • (a) with the intention that the person being recruited make significant private gain from taking part in the concerted act of violence; and

    • (b) knowing that the person being recruited has been or is being promised material compensation to take part in the concerted act of violence.

    (4) Subsection (3) does not apply if the person being recruited—

    • (a) is a citizen of, or ordinarily resident in, the State against which the concerted act of violence is or will be directed; or

    • (b) will be sent by a State on the official duty of that State; or

    • (c) is, or once recruited will be, a member of the armed forces of the State on whose territory the concerted act of violence is undertaken.

    Section 7(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Section 7(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

8 Using mercenary
  • Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 14 years, who,—

    • (a) knowing that a person is a mercenary of the kind described in section 5(1)(a), uses that person to take part in hostilities in an armed conflict; or

    • (b) knowing that a person is a mercenary of the kind described in section 5(1)(b), uses that person to take part in a concerted act of violence.

    Section 8: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

9 Financing mercenary
  • (1) Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 14 years, who, without lawful justification or reasonable excuse, provides funds intending that those funds be used, or knowing that they are to be used, in full or in part,—

    • (a) to enable a person who is a mercenary of the kind described in section 5(1)(a) to take part in hostilities in an armed conflict; or

    • (b) to enable a person who is a mercenary of the kind described in section 5(1)(b) to take part in a concerted act of violence.

    (2) In subsection (1), funds

    • (a) means assets of every kind, whether tangible or intangible, moveable or immoveable, however acquired; and

    • (b) includes legal documents or instruments (for example, bank credits, travellers’ cheques, bank cheques, money orders, shares, securities, bonds, drafts, and letters of credit) in any form (for example, in electronic or digital form) evidencing title to, or an interest in, assets of any kind.

    (3) In a prosecution for financing a mercenary, it is not necessary for the prosecutor to prove that the funds provided were actually used, in full or in part, to enable a mercenary to take part in hostilities in an armed conflict or take part in a concerted act of violence.

    Section 9(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

10 Training prospective mercenary
  • (1) Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 14 years, who trains a person to take part in hostilities in an armed conflict—

    • (a) with the intention that the person being trained be recruited as a mercenary of the kind described in section 5(1)(a) once the person has completed the training; or

    • (b) knowing that the person being trained is likely to be recruited as a mercenary of the kind described in section 5(1)(a) once the person has completed the training.

    (2) Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 14 years, who trains a person to take part in a concerted act of violence—

    • (a) with the intention that the person being trained be recruited as a mercenary of the kind described in section 5(1)(b) once the person has completed the training; or

    • (b) knowing that the person being trained is likely to be recruited as a mercenary of the kind described in section 5(1)(b) once the person has completed the training.

    Section 10(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Section 10(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

11 Training mercenary
  • Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 14 years, who,—

    • (a) knowing that a person is a mercenary of the kind described in section 5(1)(a), trains that person to take part in hostilities in an armed conflict; or

    • (b) knowing that a person is a mercenary of the kind described in section 5(1)(b), trains that person to take part in a concerted act of violence.

    Section 11: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Mercenary taking part in hostilities or concerted act of violence

12 Mercenary taking part in hostilities or concerted act of violence
  • (1) Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 14 years, who, being a mercenary of the kind described in section 5(1)(a), intentionally takes part directly in hostilities in an armed conflict.

    (2) Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 14 years, who, being a mercenary of the kind described in section 5(1)(b), intentionally takes part directly in a concerted act of violence.

    Section 12(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Section 12(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Extraterritorial jurisdiction

13 Extraterritorial jurisdiction
  • (1) Even if the acts or omissions alleged to constitute an offence occurred wholly outside New Zealand, proceedings may be brought for an offence under any of sections 7 to 12

    • (a) if the person to be charged—

      • (i) is a New Zealand citizen; or

      • (ii) is ordinarily resident in New Zealand; or

      • (iii) has been found in New Zealand and has not been extradited; or

      • (iv) is a body corporate, or a corporation sole, incorporated under the law of New Zealand; or

    • (b) if any of the acts or omissions is alleged to have occurred on board—

      • (ii) a ship used as a ship of the New Zealand Defence Force; or

      • (iv) an aircraft for the time being used as an aircraft of the New Zealand Defence Force; or

      • (v) an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand; or

    • (c) if a person in respect of whom the offence is alleged to have been committed—

      • (i) is a New Zealand citizen; or

      • (ii) is ordinarily resident in New Zealand.

    (2) The following sections do not apply in respect of an offence under any of sections 7 to 12:

    • (a) section 8 of the Crimes Act 1961 (which relates to jurisdiction in respect of crimes on ships or aircraft beyond New Zealand):

    • (b) section 400 of the Crimes Act 1961 (which requires the consent of the Attorney-General to proceedings in certain cases for offences on ships or aircraft).

    (3) Nothing in this section limits the application of any of sections 7 to 12 in respect of—

    • (a) acts or omissions that occurred wholly in New Zealand; or

    • (b) the application of section 7 of the Crimes Act 1961 to the occurrence in New Zealand of—

      • (i) an act or omission forming part of an offence; or

      • (ii) an event necessary to the completion of an offence; or

    • (c) the application of section 8A of the Crimes Act 1961.

Part 3
Miscellaneous provisions

Evidence that States are, or are not, Parties to Mercenaries Convention

14 Certificate as to States Parties under Mercenaries Convention
  • A certificate that appears to be signed by, or on behalf of, the Secretary of Foreign Affairs and Trade and that states that a State is, or is not, a State Party to the Mercenaries Convention is sufficient evidence of that matter, unless the contrary is proved.

Investigation and prosecution of offences against Act or referred to in Mercenaries Convention

15 Application of sections 16 and 17
  • (1) Sections 16 and 17 apply whenever the Attorney-General receives information that there may be present in New Zealand a person who has committed, or is alleged to have committed, an offence against article 2, article 3, or article 4 of the Mercenaries Convention.

    (2) In sections 16 and 17, relevant States Parties means any—

    • (a) State Party where the offence was committed; and

    • (b) State Party in relation to which the offence was directed or attempted; and

    • (c) State Party in relation to which any person against whom the offence was directed or attempted is a person of the kind referred to in article 10(2)(c) of the Mercenaries Convention; and

    • (d) State Party—

      • (i) in relation to which the alleged offender is a citizen; or

      • (ii) in whose territory the alleged offender habitually resides, if the alleged offender is not a citizen of any State; and

    • (e) other interested States Parties the Attorney-General considers it appropriate to notify.

16 Attorney-General to notify relevant States Parties of measures taken to ensure person’s presence
  • The Attorney-General must immediately notify the relevant States Parties, either directly or through the Secretary-General of the United Nations, if, as a result of receiving the information,—

    • (a) a person is taken into custody in accordance with New Zealand law; or

    • (b) other measures are taken under New Zealand law to ensure a person’s presence for the purposes of the institution of criminal or extradition proceedings (being the measures contemplated by article 10(1) of the Mercenaries Convention).

17 Attorney-General to indicate to relevant States Parties whether New Zealand to exercise jurisdiction
  • When a preliminary inquiry has been undertaken under New Zealand law of the facts contained in the information (being a preliminary inquiry contemplated by article 10(1) of the Mercenaries Convention), the Attorney-General must promptly—

    • (a) report the findings of the inquiry to the relevant States Parties; and

    • (b) indicate to the relevant States Parties whether New Zealand intends to exercise jurisdiction.

18 Rights of certain persons taken into custody to communicate with representative of State
  • (1) This section applies to a person who is taken into custody in New Zealand as part of the measures referred to in section 16, and who is neither—

    • (a) a New Zealand citizen; nor

    • (b) a person who is ordinarily resident in New Zealand but who is not a citizen of any State.

    (2) Promptly after being taken into custody, a person must be informed that he or she is entitled, and must be permitted,—

    • (a) to communicate without delay with the nearest appropriate representative of the relevant State; and

    • (b) to be visited by a representative of the relevant State.

    (3) In subsection (2), relevant State, in relation to a person, means—

    • (a) the State in relation to which the person is a citizen; or

    • (b) the State that is otherwise entitled to protect the person’s rights; or

    • (c) if the person is not a citizen of any State, the State in whose territory the person ordinarily resides.

    (4) Nothing in this section affects any other rights of a person to whom this section applies.

19 Attorney-General’s consent to prosecutions required
  • (1) No proceedings for an offence against this Act may be instituted in any court except with the consent of the Attorney-General.

    (2) However, a person alleged to have committed an offence against this Act may be arrested, or a warrant for the person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the Attorney-General’s consent under subsection (1) has not been obtained.

20 Attorney-General to communicate outcome of prosecution
  • If a person is prosecuted for an offence under this Act, the Attorney-General must communicate the final outcome of the proceedings promptly to the Secretary-General of the United Nations, so that he or she may transmit the information to other States Parties to the Mercenaries Convention.

Extradition

21 Offences deemed to be included in extradition treaties
  • (1) For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act, any offence under any of sections 7 to 12 is, if not already described in the treaty, deemed to be an offence described in any extradition treaty concluded before the relevant date and for the time being in force between New Zealand and any country that is a party to the Mercenaries Convention.

    (2) If, under subsection (1), an offence is deemed to be an offence described in an extradition treaty, no person may be surrendered for the offence in accordance with the Extradition Act 1999 if the conduct alleged to constitute the offence occurred before the relevant date.

    (3) In this section, relevant date means, in relation to an offence under this Act, the date on which this section comes into force.

Amendment to Extradition Act 1999

22 Amendment to Extradition Act 1999
  • Amendment(s) incorporated in the Act(s).

Amendment to Mutual Assistance in Criminal Matters Act 1992

23 Schedule of Mutual Assistance in Criminal Matters Act 1992 amended to refer to Mercenaries Convention
  • Amendment(s) incorporated in the Act(s).


Schedule
International Convention against the Recruitment, Use, Financing and Training of Mercenaries

s 4

The States Parties to the present Convention,

Reaffirming the purposes and principles enshrined in the Charter of the United Nations and in the Declaration on the Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations,

Being aware of the recruitment, use, financing and training of mercenaries for activities which violate principles of international law such as those of sovereign equality, political independence, territorial integrity of States and self-determination of peoples,

Affirming that the recruitment, use, financing and training of mercenaries should be considered as offences of grave concern to all States and that any person committing any of these offences should either be prosecuted or extradited,

Convinced of the necessity to develop and enhance international co-operation among States for the prevention, prosecution and punishment of such offences,

Expressing concern at new unlawful international activities linking drug traffickers and mercenaries in the perpetration of violent actions which undermine the constitutional order of States,

Also convinced that the adoption of a convention against the recruitment, use, financing and training of mercenaries would contribute to the eradication of these nefarious activities and thereby to the observance of the purposes and principles enshrined in the Charter of the United Nations,

Cognizant that matters not regulated by such a convention continue to be governed by the rules and principles of international law,

Have agreed as follows:

Article 1

For the purposes of the present Convention,

  • 1. A mercenary is any person who:

    • (a) Is specially recruited locally or abroad in order to fight in an armed conflict;

    • (b) Is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar rank and functions in the armed forces of that party;

    • (c) Is neither a national of a party to the conflict nor a resident of territory controlled by a party to the conflict;

    • (d) Is not a member of the armed forces of a party to the conflict; and

    • (e) Has not been sent by a State which is not a party to the conflict on official duty as a member of its armed forces.

  • 2. A mercenary is also any person who, in any other situation:

    • (a) Is specially recruited locally or abroad for the purpose of participating in a concerted act of violence aimed at:

      • (i) Overthrowing a Government or otherwise undermining the constitutional order of a State; or

      • (ii) Undermining the territorial integrity of a State;

    • (b) Is motivated to take part therein essentially by the desire for significant private gain and is prompted by the promise or payment of material compensation;

    • (c) Is neither a national nor a resident of the State against which such an act is directed;

    • (d) Has not been sent by a State on official duty; and

    • (e) Is not a member of the armed forces of the State on whose territory the act is undertaken.

Article 2

Any person who recruits, uses, finances or trains mercenaries, as defined in article 1 of the present Convention, commits an offence for the purposes of the Convention.

Article 3

  • 1. A mercenary, as defined in article 1 of the present Convention, who participates directly in hostilities or in a concerted act of violence, as the case may be, commits an offence for the purposes of the Convention.

  • 2. Nothing in this article limits the scope of application of article 4 of the present Convention.

Article 4

An offence is committed by any person who:

  • (a) Attempts to commit one of the offences set forth in the present Convention;

  • (b) Is the accomplice of a person who commits or attempts to commit any of the offences set forth in the present Convention.

Article 5

  • 1. States Parties shall not recruit, use, finance or train mercenaries and shall prohibit such activities in accordance with the provisions of the present Convention.

  • 2. States Parties shall not recruit, use, finance or train mercenaries for the purpose of opposing the legitimate exercise of the inalienable right of peoples to self-determination, as recognized by international law, and shall take, in conformity with international law, the appropriate measures to prevent the recruitment, use, financing or training of mercenaries for that purpose.

  • 3. They shall make the offences set forth in the present Convention punishable by appropriate penalties which take into account the grave nature of those offences.

Article 6

States Parties shall co-operate in the prevention of the offences set forth in the present Convention, particularly by:

  • (a) Taking all practicable measures to prevent preparations in their respective territories for the commission of those offences within or outside their territories, including the prohibition of illegal activities of persons, groups and organizations that encourage, instigate, organize or engage in the perpetration of such offences;

  • (b) Co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those offences.

Article 7

States Parties shall co-operate in taking the necessary measures for the implementation of the present Convention.

Article 8

Any State Party having reason to believe that one of the offences set forth in the present Convention has been, is being or will be committed shall, in accordance with its national law, communicate the relevant information, as soon as it comes to its knowledge, directly or through the Secretary-General of the United Nations, to the States Parties affected.

Article 9

  • 1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over any of the offences set forth in the present Convention which are committed:

    • (a) In its territory or on board a ship or aircraft registered in that State;

    • (b) By any of its nationals or, if that State considers it appropriate, by those stateless persons who have their habitual residence in that territory.

  • 2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 2, 3 and 4 of the present Convention in cases where the alleged offender is present in its territory and it does not extradite him to any of the States mentioned in paragraph 1 of this article.

  • 3. The present Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 10

  • 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.

Article 11

Any person regarding whom proceedings are being carried out in connection with any of the offences set forth in the present Convention shall be guaranteed at all stages of the proceedings fair treatment and all the rights and guarantees provided for in the law of the State in question. Applicable norms of international law should be taken into account.

Article 12

The State Party in whose territory the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.

Article 13

  • 1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences set forth in the present Convention, including the supply of all evidence at their disposal necessary for the proceedings. The law of the State whose assistance is requested shall apply in all cases.

  • 2. The provisions of paragraph 1 of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty.

Article 14

The State Party where the alleged offender is prosecuted shall in accordance with its laws communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States concerned.

Article 15

  • 1. The offences set forth in articles 2, 3 and 4 of the present Convention shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

  • 2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may at its option consider the present Convention as the legal basis for extradition in respect of those offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

  • 3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize those offences as extraditable offences between themselves, subject to the conditions provided by the law of the requested State.

  • 4. The offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 9 of the present Convention.

Article 16

The present Convention shall be applied without prejudice to:

  • (a) The rules relating to the international responsibility of States;

  • (b) The law of armed conflict and international humanitarian law, including the provisions relating to the status of combatant or of prisoner of war.

Article 17

  • 1. Any dispute between two or more States Parties concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by a request in conformity with the Statute of the Court.

  • 2. Each State may, at the time of signature or ratification of the present Convention or accession thereto, declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State Party which has made such a reservation.

  • 3. Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.

Article 18

  • 1. The present Convention shall be open for signature by all States until 31 December 1990 at United Nations Headquarters in New York.

  • 2. The present Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

  • 3. The present Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 19

  • 1. The present Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.

  • 2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

Article 20

  • 1. Any State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations.

  • 2. Denunciation shall take effect one year after the date on which the notification is received by the Secretary-General of the United Nations.

Article 21

The original of the present 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.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed the present Convention, opened for signature at New York on 4 December 1989.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Mercenary Activities (Prohibition) Act 2004. The reprint incorporates all the amendments to the Act as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Criminal Procedure Act 2011 (2011 No 81): section 413

    Mercenary Activities (Prohibition) Act Commencement Order 2004 (SR 2004/270): clause 2