Preamble
The States Parties to the present Convention,
Recalling resolutions of the General Assembly of the United Nations 3 (I) of 13 February 1946
and 170 (II) of 31 October 1947 on the extradition and punishment of war criminals, resolution
95 (I) of 11 December 1946 affirming the principles of international law recognized by the
Charter of the International Military Tribunal, Nu?rnberg, and the judgment of the Tribunal, and
resolutions 2184 (XXI) of 12 December 1966 and 2202 (XXI) of 16 December 1966 which
expressly condemned as crimes against humanity the violation of the economic and political
rights of the indigenous population on the one hand and the policies of apartheid on the other,
Recalling resolutions of the Economic and Social Council of the United Nations 1074 D
(XXXIX) of 28 July 1965 and 1158 (XLI) of 5 August 1966 on the punishment of war criminals
and of persons who have committed crimes against humanity,
Noting that none of the solemn declarations, instruments or conventions relating to the
prosecution and punishment of war crimes and crimes against humanity made provision for a
period of limitation,
Considering that war crimes and crimes against humanity are among the gravest crimes in
international law,
Convinced that the effective punishment of war crimes and crimes against humanity is an
important element in the prevention of such crimes, the protection of human rights and
fundamental freedoms, the encouragement of confidence, the furtherance of co-operation
among peoples and the promotion on international peace and security,
Noting that the application to war crimes and crimes against humanity of the rules of municipal
law relating to the period of limitation for ordinary crimes is a matter of serious concern to world
public opinion, since it prevents the prosecution and punishment of persons responsible for
those crimes,
Recognizing that it is necessary and timely to affirm in international law, through this
Convention, the principle that there is no period of limitation for war crimes and crimes against
humanity, and to secure its universal application,
have agreed as follows:
Article I
No statutory limitation shall apply to the following crimes, irrespective of the date of their
commission:
(a) War crimes as they are defined in the Charter of the International Military Tribunal,
Nu?rnberg, of 8 August 1945 and confirmed by resolutions 3 (I) of 13 February 1946 and 95 (I) of
11 December 1946 of the General Assembly of the United Nations, particularly the “grave
breaches” enumerated in the Geneva Convention of 12 August 1949 for the protection of war
victims;
(b) Crimes against humanity whether committed in time of war or in time of peace as they are
defined in the Charter of the International Military Tribunal, Nu?rnberg, of 8 August 1945 and
confirmed by resolutions 3 (I) of 13 February 1946 and 95 ((I) of 11 December 1946 of the
General Assembly of the United Nations, eviction by armed attack or occupation and inhuman
acts resulting from the policy of apartheid, and the crime of genocide as defined in the 1948
Convention on the Prevention and Punishment of the Crime of Genocide, even if such acts do
not constitute a violation of the domestic law of the country in which they were committed.
Article II
If any of the crimes mentioned in Article I is committed, the provisions of this Convention shall
apply to representatives of the State authority and private individuals who, as principals or
accomplices, participate in or who directly incite others to the commission of any of those
crimes, or who conspire to commit them, irrespective of the degree of completion, and to
representatives of the State authority who tolerate their commission.
Article III
The States Parties to the present Convention undertake to adopt all necessary domestic
measures, legislative or otherwise, with a view to making possible the extradition, in accordance
with international law, of the persons referred to in article II of this Convention.
Article IV
The States Parties to the present Convention undertake to adopt, in accordance with their
respective constitutional processes, any legislative or other measures necessary to ensure that
statutory or other limitations shall not apply to the prosecution and punishment of the crimes
referred to in articles I and II of this Convention and that, where they exist, such limitations shall
be abolished.
Article V
This Convention shall, until 31 December 1969, be open for signature by any State Member of
the United Nations or member of any of its specialized agencies or of the International Atomic
Energy Agency, by any State Party to the Statute of the International Court of Justice, and by
any other State which has been invited by the General Assembly of the United Nations to
become a Party to this Convention.
Article VI
This Convention is subject to ratification. Instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
Article VII
This Convention shall be open to accession by any State referred to in article V. Instruments of
accession shall be deposited with the Secretary-General of the United Nations.
Article VIII
1. This Convention shall enter into force on the ninetieth day after the date of the deposit with
the Secretary-General of the United Nations of the tenth instrument of ratification or accession.
2. For each State ratifying this Convention or acceding to it after the deposit of the tenth
instrument of ratification or accession, the Convention shall enter into force on the ninetieth day
after the date of the deposit of its own instrument of ratification or accession.
Article IX
1. After the expiry of a period of ten years from the date on which this Convention enters into
force, a request for the revision of the Convention may be made at any time by any Contracting
Party by means of a notification in writing addressed to the Secretary-General of United Nations.
2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken
in respect of such a request.
Article X
1. This Convention shall be deposited with the Secretary-General of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of this
Convention to all States referred to in Article V.
3. The Secretary-General of the United Nations shall inform all States referred to in Article V of
the following
particulars:
(a) Signatures of this Convention, and instruments of ratification and accession deposited
under articles V, VI and VII;
(b) The date of entry into force of this Convention in accordance with article VIII;
(c) Communications received under article IX.
Article XI
This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally
authentic, shall bear the date of 26 November 1968.
IN WITNESS WHEREOF the undersigned, being duly authorized for that purpose, have signed
this Convention.