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Treaties and International Law

International Treaties List as at January 2012

Defence and Security

51. United Nations Comprehensive Convention Against Terrorism

The Comprehensive Terrorism Convention is intended to supplement the existing twelve international anti-terrorism treaties. Whereas those treaties outlaw specific types of terrorism such as hijacking, the Comprehensive Convention contains a generic offence that is intended to fill the gaps left by those earlier treaties. The main unresolved issue is the nature of any exceptions, in particular, the situation of struggles against foreign occupation.

Lead agency:

Ministry of Foreign Affairs and Trade

Status:

Negotiations are ongoing.

Legislation required:

Not yet clear.

Contact:

Carl Reaich
Senior Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade

Email: carl.reaich@mfat.govt.nz
Ph: (04) 439 8214
Fax: (04) 439 8103

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52. International Convention for the Suppression of Acts of Nuclear Terrorism

The Convention calls for states to develop appropriate legal frameworks criminalising nuclear terrorism-related acts, investigate alleged offences and, as appropriate, arrest, prosecute or extradite offenders. It also calls for international co-operation with nuclear terrorism investigations and prosecutions, including the transfer of detainees.

Lead agency:

Ministry of Foreign Affairs and Trade

Status:

Multilateral. Negotiations commenced in 1998. Text was adopted by the United Nations General Assembly on 13 April 2005.

New Zealand signed the Convention when it opened for signature on 14 September 2005. Parliamentary treaty examination was completed on 21 July 2006. New Zealand is currently working on implementing legislation in order to ratify the Convention.

Website:

United Nations General Assembly - International Convention for the Suppression of Acts of Nuclear Terrorism [external link]

Particular interest to Māori and other groups:

Possible interest from hospitals, research laboratories and other organisations using/storing nuclear material. The Institute of Geological and Nuclear Science and the National Radiation Laboratory were consulted during the development of the cabinet paper seeking approval to sign the Convention.

Legislation required:

Yes.

Contact:

Carl Reaich
Senior Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade

Email: carl.reaich@mfat.govt.nz
Ph: (04) 439 8214
Fax: (04) 439 8103

 

53. Amendment to the Convention on the Physical Protection of Nuclear Material
Common Name: Amendments to CPPNM

In its current form the CPPNM requires Parties to implement measures to ensure the safe transportation of nuclear material. Following the events of September 11 2001, States Parties to the CPPNM agreed to improve the CPPNM by extending its scope to cover the physical protection of nuclear facilities and domestic transport, storage and use of nuclear material, thereby strengthening the global nuclear security regime.

Lead agency:

Ministry of Foreign Affairs and Trade

Status:

Multilateral. Text finalised. Not yet in force. The Amendment of the CPPNM was adopted at a diplomatic conference on 8 July 2005. Parliamentary treaty examination was completed on 21 July 2006. New Zealand is currently working on implementing legislation in order to ratify the amendment.

Website:

IAEA Nuclear Security: Measures to Protect Against Nuclear Terrorism - Amendment to the Convention on the Physical Protection of Nuclear Material [external link - PDF 67KB]

Legislation required:

Yes.

Contact:

Erin Duncan
Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade

Email: erin.duncan@mfat.govt.nz
Ph: (04) 439 7925
Fax: (04) 439 8103

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54. Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel of 1994

The United Nations and associated personnel currently work in some of the world’s most hostile situations. Protection of United Nations forces and personnel is a priority for humanitarian and practical reasons. The main purpose of the Convention on the Safety of United Nations and Associated Personnel of 1994 is to criminalise attacks against United Nations peacekeeping personnel. The Convention provides a mechanism for prosecuting attacks on United Nations personnel as crimes against international law. Each State Party undertakes to criminalise such attacks under its domestic law and to prosecute offenders.

New Zealand took a lead role in the negotiations for the 1994 Convention. The scope of application of the Convention concluded was not as broad as originally intended. However, it was the best achievable at that time. Since 2003, New Zealand has been involved in negotiations for an Optional Protocol to extend the scope of the 1994 Convention. On 8 December 2005, the United Nations General Assembly adopted without a vote an Optional Protocol extending the scope of the 1994 Convention to a wider group of United Nations personnel. This Protocol, when it enters into force, will make an important contribution to the international rule of law and to legal protection of United Nations personnel.

Lead agency:

Ministry of Foreign Affairs and Trade

Status:

Multilateral. Negotiations completed in October 2005. The protocol was subsequently adopted by the United Nations General Assembly on 8 December 2005. New Zealand signed the protocol in September 2006. Parliamentary treaty examination was completed on 16 November 2006. Implementing legislation required to ratify the protocol has been enacted via an amendment to the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010. New Zealand is working towards ratification.

Website:

Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel [external link]

Legislation required:

No.

Contact:

Susannah Lesile
Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade

Email: susannah.leslie@mfat.govt.nz
Ph: (04) 439 8032
Fax: (04) 439 8103

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55. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem

The Additional Protocol recognises a third emblem to the Geneva Conventions. This was in recognition of the need for a third protective emblem to the Geneva Conventions with a status equal to the Red Cross and Red Crescent. A third emblem could be used in situations where neither of the existing emblems has the respect of both sides in a conflict situation, or for use in and by states and national humanitarian societies where the current emblems are not considered appropriate.

Lead agency:

Ministry of Foreign Affairs and Trade

Status:

Multilateral. Negotiations completed in December 2005. New Zealand signed the protocol on 19 June 2006.

Parliamentary treaty examination was completed on 10 April 2007. New Zealand is currently working on implementing legislation in order to ratify the protocol.

Website:

Australasian Legal Information Institute [external link]

Particular interest to Māori and other groups:

The use of the third emblem will be of interest to the New Zealand Red Cross Society.

Legislation required:

Yes. Amending legislation in the form of the Geneva Conventions (Third Protocol – Additional Emblems) Bill was introduced into Parliament on 24 August 2010. The Bill amends section 8 (1) of the Geneva Conventions Act 1958 and Schedule 3 of the Flags, Emblems and Names Protection Act 1981 (which preserves various enactments and orders relating to protection of certain emblems, names, and words) to include the red crystal.

Contact:

Carl Reaich
Senior Legal Advisor
Legal Division
Ministry of Foreign Affairs and Trade

Email: carl.reaich@mfat.govt.nz
Ph: (04) 439 8214
Fax: (04) 439 8103

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56. Arms Trade Treaty
Common name: ATT

Poorly regulated arms transfers have helped fuel conflict, serious human rights abuses and breaches of international law in many regions of the world. The objective of an ATT would be to set legally binding standards that States must apply when considering any international transfers of conventional arms (a term which includes a wide range of weapons from battle tanks and warships to firearms and grenade launchers). An ATT would essentially codify into a consolidated instrument, existing principles and obligations that apply to the arms trade. A comprehensive and effective ATT would prevent arms from being transferred in situations where they would be used to commit violations of human rights or international law. New Zealand has been a longstanding supporter of this initiative.

Lead agency:

Ministry of Foreign Affairs and Trade

Status:

Multilateral. The United Nations Secretary General established a Group of Governmental Experts to examine the feasibility, scope and parameters of an ATT. This Group presented a report to the United Nations General Assembly in 2008, on taking forward work on an ATT. Following this report, the United Nations General Assembly established an Open-ended Working Group on an Arms Trade Treaty, which in turn reported to the General Assembly in late 2009. The General Assembly then mandated that five weeks of preparatory committees (effectively negotiations) commence in 2010. The first of these meetings was held in July 2010 and the second in February 2011. The next meeting of this committee is scheduled for July 2011. The ATT process is scheduled to conclude in 2012 with a final Diplomatic Conference.

Website:

A copy of New Zealand ’s submission to the United Nations Secretary General setting out its views on the feasibility, scope and parameters of an ATT can be found in the Disarmament section of this website.

Particular interest to Māori and other groups:
It is difficult to identify any direct impact that an Arms Trade Treaty would have on Māori interests. Government agencies whose input will also be sought include Police, New Zealand Defence Force, the Ministry of Justice, the Ministry of Defence, and Customs.

The scope of an Arms Trade Treaty is likely to encompass many different dimensions, including international law, trade, human rights, international humanitarian law, sustainable development and good governance. Other interest groups that will therefore be consulted as we move forward on an ATT include human rights and arms control NGOs (including Amnesty International, PSAAG, Oxfam and IANSA) and gun users (e.g. COLFO) as well as those involved with the firearms industry. Government agencies whose input will also be sought include Police, New Zealand Defence Force and Customs.

Legislation required:

Not yet clear.

Contact:

George Hampton
Policy Officer
International Security and Disarmament Division
Ministry of Foreign Affairs and Trade

Email: george.hampton@mfat.govt.nz
Ph: (04) 439 8398
Fax: (04) 439 8519

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57. New Zealand - France Overarching Security Agreement on the Exchange of Classified Material
Common name: New Zealand - France Overarching Security Agreement

This Agreement would govern the sharing of classified security-related information between New Zealand and France, and upgrade the current non-treaty level arrangements in place on the issue.

Lead agency:

Ministry of Defence

Status:

Bilateral. Negotiations are ongoing.

Legislation required:

No.

Contact:

Jodi Turnbull
Analyst
International Defence Relations Branch
Ministry of Defence

Email: jodi.turnbull@defence.govt.nz
Ph: (04) 496 0615
Fax: (04) 496 0021

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58. Agreement Between New Zealand and Germany on the Exchange of Classified Defence Information

To provide rules governing the exchange of classified defence information between New Zealand and Germany.

Lead agency:

New Zealand Defence Force

Status:

Bilateral. Under consideration on both sides.

Legislation required:

No.

Contact:

Jodi Turnbull
Analyst
International Defence Relations Branch
Ministry of Defence

Email: jodi.turnbull@defence.govt.nz
Ph: (04) 496 0615
Fax: (04) 496 0021

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59.New Zealand - France - Status of Forces Agreement
Common name: New Zealand - France SOFA

A New Zealand – France SOFA would enable continued New Zealand Defence Force participation in joint training and exercising activities with French Armed Forces in NewCaledonia (FANC).

Lead agency:

Ministry of Defence

Status:

Bilateral. Negotiatins are ongoing.

Legislation required:

No.

Contact:

Jodi Turnbull
Analyst
International Defence Relations Branch
Ministry of Defence

Email: jodi.turnbull@defence.govt.nz
Ph: (04) 496 0615
Fax: (04) 496 0021

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60.New Zealand - Tonga Status of Forces Agrement
Common name: New Zealand - Tonga SOFA

A Status of Forces Agreement (SOFA) with Tonga is currently under negotiation. This SOFA would provide legal cover for Defence personnel and activity in Tonga, but would not be applicable to Tonga Defence Services personnel serving in New Zealand . As there is no existing protection, this SOFA would replace the need to create one-off Visiting Forces Agreements for each individual exercise held in Tonga that included NZDF participants.

Lead agency:

Ministry of Defence

Status:

Bilateral. Negotiations are ongoing.

Particular interest to Māori and other groups:

No impact expected.

Legislation required:

No.

Contact:

Nick Adams
Policy Analyst
International Defence Branch
Ministry of Defence

Email: nick.adams@defence.govt.nz
Ph: (04) 496 0659
Fax: (04) 496 0021

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61.Acquistion and Cross-servicing Agreement between the New Zealand Defence Force and the Department of Defence of the United States of America

This agreement is entered into for the purpose of establishing basic terms, conditions and procedures to facilitate the reciprocal provision of Logistic Support, Supplies, and Services.

Lead agency:

New Zealand Defence Force

Status:

Bilateral.

Particular interest to Māori and other groups:

Not applicable.

Legislation required:

No.

Contact:

Commander Chris Griggs
Deputy Director - Operations Law
Defence Legal Services
New Zealand Defence Force

Email: chris.griggs@nzdf.mil.nz
Ph: (04) 496 0730
Fax: (04) 496 7034

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62.Agreement between the Government of New Zealand and the Government of the Republic of Korea on the protection of classified military information

This agreement regulates the exchange of all Classified Military Information between the Parties, or between public or private bodies subject to the parties’ respective national laws and regulations.

Lead agency:

Ministry of Defence

Status:

Bilateral. Negotiations are ongoing

Particular interest to Māori and other groups:

Not applicable.

Legislation required:

No.

Contact:

Caroline McQueen
Policy Analyst
International Defence Relations Branch
Ministry of Defence

Email: caroline.mcqueen@defence.govt.nz
Ph: (04) 496 0630
Fax: (04) 496 0021

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Page last updated: Wednesday, 21 December 2011 14:06 NZDT