Convention respecting the laws and customs of war on land
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Austria/Hungary | Yes | No |
Belarus | Yes | No |
Canada | Yes | No |
Germany | Yes | No |
Japan | Yes | No |
Netherlands, the Kingdom of the | Yes | No |
Palestine | Yes | No |
Russian Federation | Yes | No |
Türkiye | Yes | No |
Ukraine | Yes | No |
United States of America | Yes | No |
Austria/Hungary
27-11-1909
Subject to the reservation to Article 44 of the Regulations in annex to the present
Convention that was included in the minutes of the fourth plenary session of 17 August
1907.
The reservation reads as follows:
The Delegation of Austria-Hungary, having accepted the new Article 22a on the condition
that Article 44 of the Convention currently in effect be maintained in its current
form, cannot accept Article 44a as proposed by the Second Commission.
Belarus
04-06-1962
The Government of the Belorussian Soviet Socialist Republic recognises the Hague Conventions and Declarations of 1899 and 1907 as ratified by Russia and considers itself a party to them to the extent that they do not conflict with subsequent international agreements to which the Belorussian Soviet Socialist Republic is party.
Canada
15-05-2014
The Embassy of Canada to the Netherlands presents its compliments to the Ministry
of Foreign Affairs of the Kingdom of the Netherlands and has the honour to refer
to the Convention respecting the laws and customs of war on land (The Hague, 18 October
1907) and the Ministry of Foreign Affairs' communication of 17 April 2014, numbered
Conventions 1907 No. 1/2014, relating to that treaty.
The Embassy of Canada to the Netherlands notes that this communication was made pursuant
to the Ministry of Foreign Affairs' capacity as depositary for the Convention respecting
the laws and customs of war on land. The Embassy of Canada to the Netherlands notes
the technical and administrative role of the Depositary, and that it is for States
Parties to a treaty, not the Depositary, to make their own determination with respect
to any legal issues raised by instruments circulated by a depositary.
In that context, the Embassy of Canada to the Netherlands notes that "Palestine" does
not meet the criteria of a state under international law and is not recognized by
Canada as a state. Therefore, in order to avoid confusion, the Embassy of Canada to
the Netherlands wishes to note its position that in the context of the purported Palestinian
accession to the Convention respecting the laws and customs of war on land, "Palestine"
is not able to accede to this Convention, and that the Convention respecting the laws
and customs of war on land on Land does not enter into force, or have an effect on
Canada's treaty relations, with respect to the "State of Palestine".
Germany
27-11-1909
Subject to a reservation to Article 44 of the Regulation annexed to the Convention.
Japan
13-12-1911
Subject to a reservation to Article 44.
Netherlands, the Kingdom of the
13-01-1986
On 1 January 1986 the island of Aruba, which was a part of the Netherlands Antilles,
has obtained internal autonomy as a country within the Kingdom of the Netherlands.
Consequently, the Kingdom consists of three countries, namely the Netherlands (the
European part of the Kingdom), the Netherlands Antilles (without Aruba) and Aruba.
As the changes of 1 January 1986 concern a shift only in the internal constitutional
relations within the Kingdom of the Netherlands, and the Kingdom as such will remain
the subject of international law with which treaties are concluded, the said changes
will have no consequences regarding this Convention, concluded by the Kingdom, which
was applicable to the Netherlands Antilles, included Aruba. This Convention remains
in force for the Netherlands (European part), the Netherlands Antilles and for Aruba
in its new capacity of country within the Kingdom.
18-10-2010
The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands
Antilles and Aruba. The Netherlands Antilles consisted of the islands of Curaçao,
Sint Maarten, Bonaire, Sint Eustatius and Saba.
With effect from 10 October 2010, the Netherlands Antilles ceased to exist as a part
of the Kingdom of the Netherlands. Since that date, the Kingdom consists of four parts:
the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten enjoy internal
self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands
Antilles do.
These changes constitute a modification of the internal constitutional relations within
the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain
the subject of international law with which agreements are concluded. The modification
of the structure of the Kingdom will therefore not affect the validity of the international
agreements ratified by the Kingdom for the Netherlands Antilles. These agreements,
including any reservations made, will continue to apply to Curaçao and Sint Maarten.
The other islands that have formed part of the Netherlands Antilles - Bonaire, Sint
Eustatius and Saba - became part of the Netherlands, thus constituting 'the Caribbean
part of the Netherlands'. The agreements that applied to the Netherlands Antilles
will also continue to apply to these islands; however, the Government of the Netherlands
will now be responsible for implementing these agreements.
Palestine
15-09-2014
[...] has the honour to refer to the depositary notification No. 2/2014, dated 15
May 2014, regarding a communication of Canada with respect to the accession of the
State of Palestine to the Convention respecting the laws and customs of war on land
(The Hague, 18 October 1907).
The Ministry of Foreign Affairs of the State of Palestine considers that such communication,
which is explicitly of a political nature, is incompatible with the object and purpose
of the Convention and cannot in any way affect whatever obligations are binding upon
Canada under general international law or under this particular Convention. The State
of Palestine possess the characteristics of a State and is entitled to the rights
of a State guaranteed by international law, irrespective of the recognition by Canada.
The Ministry of Foreign Affairs of the State of Palestine therefore states its objection
to the aforesaid communication made by Canada and considers the Convention respecting
the laws and customs of war on land (The Hague, 18 October 1907), as continuing in
force between Canada and the State of Palestine.
15-09-2014
[...] has the honour to refer to the depositary notification No. 2/2014, dated 15
May 2014, regarding a communication of the United States of America with respect to
the accession of the State of Palestine to the Convention respecting the laws and
customs of war on land (The Hague, 18 October 1907).
The Ministry of Foreign Affairs of the State of Palestine considers that such communication,
which is explicitly of a political nature, is incompatible with the object and purpose
of the Convention and cannot in any way affect whatever obligations are binding upon
the United States of America under general international law or under this particular
Convention. The State of Palestine possess the characteristics of a State and is entitled
to the rights of a State guaranteed by international law irrespective of the recognition
by the United States of America.
The Ministry of Foreign Affairs of the State of Palestine therefore states its objection
to the aforesaid communication made by the United States of America and considers
the Convention respecting the laws and customs of war on land (The Hague, 18 October
1907), as continuing in force between the United States of America and the State of
Palestine.
Russian Federation
27-11-1909
Subject to the reservation to Article 44 of the Regulation in annex to the present
Convention that was included in the minutes of the fourth plenary session of 17 August
1907:
The Delegation of Russia has the honour to declare that, having accepted the new Article
22a proposed by the Delegation of Germany as a replacement for the existing Article
44 of the Regulations of 1899, it has reservations concerning the new wording of this
Article 44a.
07-03-1955
The Government of the Union of Soviet Socialist Republics recognises the Hague Conventions and Declarations of 1899 and 1907 as ratified by Russia, to the extent that the said Conventions and Declarations do not conflict with the Charter of the United Nations and provided that they have not been amended or superseded by subsequent international agreements to which the USSR is a party, such as the 1925 Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Similar Gases and of Bacteriological Means and the 1949 Geneva Conventions for the Protection of Victims of War.
Türkiye
18-10-1907
Subject to a reservation to Article 3 (sc. of the Convention).
Ukraine
29-05-2015
According to Article 7 of the Law of Ukraine on Succession of Ukraine of 12 September
1991 Ukraine is a successor of rights and obligations under international treaties
of the Union of Soviet Socialist Republics unless they are in conflict with the Constitution
of Ukraine and interests of the State.
Taking into account the aforementioned and without prejudice to the Note of the Ministry
of Foreign Affairs of the Ukrainian SSR dated 4 April 1962 No. 39 addressed to the
Embassy of the Kingdom of the Netherlands in Moscow, the Ukrainian Side confirms validity
for Ukraine, by way of succession and as from the date of succession on 24 August
1991, of the 1899 and 1907 Hague Conventions and Declarations recognised by the former
USSR in the format and scope as envisaged by the Note of the Ministry of Foreign Affairs
of the USSR dated 7 March 1955 No. 67/I addressed to the Embassy of the Kingdom of
the Netherlands in Moscow.
United States of America
15-05-2014
The Embassy of the United States of America presents its compliments to the Ministry
of Foreign Affairs of the Kingdom of the Netherlands and refers to the Ministry's
notification, transmitted from the Royal Netherlands Embassy in Washington to the
Department of State on April 19, 2014, regarding the purported accession of the "State
of Palestine" to the Convention respecting the laws and customs of war on land, with
annexed regulations, done at The Hague October 18, 1907, for which the Kingdom of
the Netherlands is depository.
The Government of the United States of America does not believe the "State of Palestine"
qualifies as a sovereign State and does not recognize it as such. Accession to the
Convention is limited to sovereign States. Therefore, the Government of the United
States of America believes that the "State of Palestine" is not qualified to accede
to the Convention and affirms that it will not consider itself to be in a treaty relationship
with the "State of Palestine" under the Convention.