View/save PDF version of this document - La Strada International

130 Travaux préparatoires: United Nations Convention against Transnational Organized Crimecommitted in the territory of that State or on board a vessel or aircraft registered inthe State.“2. A State Party may also establish its jurisdiction over any such offence when:“(a)“(b)The alleged offender is a national [or a habitual resident] of that State;The offence was committed against [that State or] a national of that State [; or]“[(c) The offence has substantial effects in that State].“[2 bis. Paragraph 2 may also apply to other offences mentioned in thisConvention.]“3. This Convention does not exclude the exercise of any criminal jurisdictionestablished by a State Party in accordance with its domestic law.“4. The provisions of this article shall not affect the obligations with regard tothe establishment of jurisdiction over offences pursuant to any other multilateral treaty.“5. In a case where more than one State claims jurisdiction over an offencecovered by the present Convention, the States concerned undertake to coordinate theiractions in an effective manner, in particular regarding the conditions of exercisingprosecution and the modalities of recourse to mutual assistance.“[6. A State Party shall inform the Secretary-General of the establishment ofjurisdiction under paragraph 2.]”Rolling text (A/AC.254/4/Rev.1)“Article 9 1“Jurisdiction“1. Each State Party shall take such measures as may be necessary to establishits jurisdiction over the offences established in article(s) [...] when the offence iscommitted in the territory of that State or on board a vessel or aircraft registered inthe State. 2“2. A State Party may also establish its jurisdiction over any such offencewhen:“(a) The alleged offender is a national [or a habitual resident] of that State;“(b) The offence was committed against [that State or] a national of that State [; or] 3“[(c) The offence has substantial effects in that State]. 41Several delegations noted that the convention should include an article on the settlement of disputes over jurisdiction.2Some delegations suggested that the wording of this article should be compared with the wording of article 4 of theUnited Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 (United Nations,Treaty Series, vol. 1582, No. 27627).3Some delegations expressed a reservation about this subparagraph. One delegation noted that the scope of applicationof the subparagraph would presumably include money-laundering, an offence not directed at a national of any State.4Several delegations stated that this subparagraph was ambiguous and should be deleted.