| 10-11-2023 |
Party |
Party
Canada modified
- Objections: Yes
-
added reservation
07-11-2023
[…] the Government of Canada has decided to suspend the operation of the Treaty in
its entirety, effective three months from the date of this letter, i.e. from February
7, 2024, in accordance with international law. Canada's decision was taken in light
of the Russian Federation's decision to withdraw from the Treaty as it continues its
aggression against Ukraine, another State Party to the Treaty. Russia's withdrawal
will fundamentally change the conditions that led to the adoption of the Treaty and
considerably obstruct its continued application, as it was initially intended, by
remaining States Parties. Canada condemns the impact that Russia's withdrawal will
have on the operation of the Treaty, on the arms control and security architecture
in Europe and, more generally, on the rules-based international order. Canada remains
committed to the wider arms control framework and to cooperating with its allies and
partners to identify means of reinforcing security infrastructure in Europe. It is
important that the spirit of transparency and openness espoused by the Treaty continue
to direct European security policy. I would be grateful if, in its capacity as Treaty
Depository, your government would ensure that this notification is transmitted to
all other States Parties to the Treaty.
Czech Republic modified
- Objections: Yes
-
added reservation
07-11-2023
The Czech Republic, Being a Member of the NATO and a State Party to the Treaty on
Conventional Armed Forces in Europe (CFE Treaty), Referring to the North Atlantic
Council Statement on the Allied Response to Russia's withdrawal from the Treaty on
Conventional Armed Forces in Europe, dated November 7, 2023, Suspends temporarily,
in accordance with its rights under international law, the operation of the CFE Treaty.
Denmark modified
- Objections: Yes
-
added reservation
07-11-2023
[…] Denmark has decided to suspend its participation in the CFE-treaty in regard to
all States Parties for the following reasons: The purpose of the CFE-treaty was to
establish stability and security in Europe and, as a matter of high priority, to eliminate
the capability for launching surprise attack and for initiating large-scale offensive
action in Europe. In violation of the object and purpose of the CFE-treaty, the Russian
Federation launched its full-scale invasion of Ukraine on 24 February 2022 and has
since then been waging its war of aggression against Ukraine. On 9 June 2023, the
Russian Federation notified its withdrawal from the CFE-treaty with effect from 7
November 2023. It is noted that the Russian Federation's participation in the CFE-treaty
was an essential basis for the State Parties to enter into the CFE-treaty. These extraordinary
events have fundamentally changed the basis and circumstances on which the CFE-treaty
were concluded, they hinder the realisation of the CFE treaty's object and purpose,
and have radically transformed the extent of the State Parties' obligations. Denmark
remains committed to the principles of the CFE-treaty of effective conventional arms
control as a key element of Euro-Atlantic security. For this reason, Denmark has decided
to suspend its participation in the CFE-treaty to allow for the possible return to
the treaty at a later date. Denmark's suspension of the CFE-treaty will come into
effect 150 days after receipt of this note verbale. Denmark would appreciate the Ministry
of Foreign Affairs of the Kingdom of the Netherlands bringing this notification to
the attention of all States Parties of the CFE-treaty.
France modified
- Objections: Yes
-
added reservation
07-11-2023
The French Republic hereby provides notice of its decision to suspend the operation
of the CFE Treaty as well as the 1996 CFE Flank Document Agreement. This decision
is taken in light of the consequences of Russia’s decision to withdraw from the CFE
Treaty. This decision will take effect on 7 December 2023. The Russian Federation
has decided to withdraw from the CFE treaty, with effect from 7 November 2023. This
decision seriously undermines a Treaty signed in 1990 to build confidence and reduce
the risk of conflict in Europe. With this decision, Russia has once again shown disregard
for existing conventional arms control frameworks. Russia’s withdrawal is the latest
step in Russia’s challenging of Europe’s security architecture. Since 24 February
2022, the Russian Federation, supported by Belarus, has been waging an illegal and
unjustified war of aggression against Ukraine which violates international law and
the fundamental principles enshrined in the Charter of the United Nations, the Helsinki
Decalogue and the Charter of Paris for a New Europe. This war of aggression is also
contrary to the aims and principles of the CFE Treaty. The CFE Treaty was established
to foster stability and security in Europe and to eliminate the capability to launch
surprise attacks and large-scale offensives. While recognizing the role of the CFE
Treaty as a cornerstone of Euro-Atlantic security, France considers that Russia’s
withdrawal and its war of aggression against Ukraine now make it impossible to fulfil
the objective of the CFE Treaty. The CFE Treaty established a logic of restraint,
transparency and verification, based on legally binding commitments to balance holdings
of conventional armaments within the CFE Treaty’s area of application. As the obligations
under the CFE Treaty were based on the principles of mutual balance of military forces
in Europe and legal reciprocity, the withdrawal of Russia, which has a large share
of these holdings and the territory of which forms a significant part of the Treaty’s
area of application, seriously undermines the Treaty’s viability. The French Republic
regrets Russia’s decision to withdraw from the CFE Treaty and that suspension has
become necessary. However, years of efforts to encourage the Russian Federation to
return to compliance with the Treaty have not persuaded Russia to abandon its destructive
posture. The French Republic remains totally committed to the conventional arms control
frameworks and the fundamental principles that underpin them, including those set
out in the Helsinki Decalogue and the Charter of Paris for a New Europe. The French
Republic emphasizes that it has chosen to suspend its obligations, rather than withdrawing
from the CFE Treaty, to preserve the possibility that performance of the CFE Treaty
might resume. The French Republic asks the Ministry of Foreign Affairs of the Kingdom
of the Netherlands to share this notification with all States Parties to the CFE Treaty.
Netherlands, the Kingdom of the modified
-
added reservation
07-11-2023
The Government of the Kingdom of the Netherlands is of the view that the withdrawal
by the Russian Federation from the CFE Treaty on 7 November 2023 in combination with
the continued war of aggression by the Russian Federation against Ukraine which is
contrary to the Treaty's objectives, cannot remain without consequences for the relations
between the States Parties to the CFE Treaty. In particular, the Government of the
Kingdom of the Netherlands is of the view that the current circumstances differ fundamentally
from the circumstances existing at the time of the conclusion of the CFE Treaty. It
is evident that the States Parties at the time did not foresee this change of circumstances
and also, that the circumstances existing at the time constituted an essential basis
of the consent of the States Parties to be bound by the CFE Treaty. Moreover, the
effect of the change of circumstances is radically to transform the extent of obligations
still to be performed under the CFE Treaty. Therefore, the Government of the Kingdom
of the Netherlands notifies its suspension of the operation of the CFE Treaty which
shall take effect on 7 December 2023. Suspension is urgently required to enable the
Government of the Kingdom of the Netherlands to take all measures necessary for its
and other States Parties' security. The Government of the Kingdom of the Netherlands
would kindly request the depositary to acknowledge receipt of this Note and to notify
the other States Parties to the CFE Treaty of this claim to suspend its operation.
United Kingdom modified
United States of America modified
-
added reservation
07-11-2023
The Embassy, on behalf of the United States of America, hereby provides notice of
the decision of the United States of America to suspend the operation of all of its
obligations under the CFE Treaty as well as the 1996 CFE Flank Document Agreement,
as between itself and every other State Party, in light of a fundamental change of
circumstances. This suspension will take effect on December 7, 2023. Under customary
international law as reflected in Article 62 of the Vienna Convention on the Law of
Treaties (VCLT), a state may invoke a fundamental change of circumstances as grounds
for suspending the operation of a treaty. The Russian Federation's full-scale war
of aggression against another CFE Treaty State Party, combined with the Russian Federation's
withdrawal from the CFE Treaty, together constitute a fundamental change in circumstances.
At the time the CFE Treaty was concluded, it was not foreseen by the signatory states
that one State Party would conduct a full-scale invasion of another State Party and
perpetrate a war of aggression that would result in the upending of the security landscape
in Europe. The Russian Federation's full-scale invasion of Ukraine beginning in February
2022 is the largest and most consequential armed conflict in Europe since World War
II and has led numerous states, including the United States, to provide significant
political, financial, and materiel support to Ukraine's defense. It is precisely the
kind of large-scale conventional war that the CFE Treaty was designed to prevent and
is being fought with the very conventional forces that the treaty aims to constrain.
The CFE Treaty's Preamble states that the signatory states were motivated by the "need
to prevent any military conflict in Europe" and "[c]ommitted to" a secure and stable
balance of conventional armed forces in Europe at lower levels than previously, with
the goal of "eliminating, as a matter of high priority, the capability of launching
surprise attack and for initiating large-scale offensive action in Europe." A full-scale
war of aggression by one State Party against another is a dramatic departure from
the context in which the Parties undertook their CFE Treaty obligations, and impacts
an essential basis of the States Parties' consent to be bound. Furthermore, an essential
and fundamental assumption in concluding the CFE Treaty was the continued participation
of the Russian Federation. It would have been inconceivable to the signatory states
to enter into the treaty, with the constraints it places on their own forces, without
similarly constraining the Russian Federation's conventional armed forces. Thus, the
Russian Federation's withdrawal from the CFE Treaty, while consistent with a general
right provided in its Article XIX, represents a fundamental change in the circumstances
that formed an essential basis for the States Parties' consent to be bound. Taken
together, the combination of the Russian Federation's withdrawal from the CFE Treaty
and its ongoing war of aggression has radically transformed the extent of the remaining
CFE Treaty obligations. Russia's actions have rendered these obligations essentially
different from those originally undertaken. Suspension of the United States' obligations
is urgently required so that the United States may take all measures necessary for
its own and its Allies' security, in light of the rapid pace of events and the fact
that Russia is now entirely unconstrained by the CFE Treaty. The United States emphasizes
that it has chosen to suspend its obligations, rather than withdrawing from the CFE
Treaty, in light of the potential for reversal of the changed circumstances and to
preserve the possibility that performance of the CFE Treaty might resume should such
a reversal occur. The United States regrets that this fundamental change of circumstances
has occurred and that suspension has become necessary. However, years of efforts by
the United States and other States Parties, including the adoption of lawful countermeasures
and other actions in order to induce the Russian Federation to return to compliance
with the CFE Treaty and to reverse its full-scale invasion of Ukraine, have not persuaded
Russia to abandon its destructive path. The Embassy of the United States of America
requests that the Depositary circulate this note expeditiously to all other States
Parties to the CFE Treaty.
|
| 09-11-2023 |
Party |
Party
Bulgaria modified
- Objections: Yes
-
added reservation
06-11-2023
[The] Russian Federation's continuous non-implementation of its obligations under
the CFE Treaty followed by its recent decision to withdraw from the Treaty has occurred
against the background of a systematic disregard for a number of agreements on disarmament,
non-proliferation and arms control. The most serious among them has been [the] Russian
Federation's war of aggression against Ukraine held in violation of key principles
and objectives of the UN Charter, the OSCE, and the object and purpose of the CFE
Treaty itself. Those actions by the Russian Federation have changed significantly
the context of implementation of the CFE Treaty as a strategically binding document
and have affected the nature of the obligations of the States Parties to the Treaty.
Further asymmetrical implementation of the CFE Treaty without the participation of
the Russian Federation is not a sufficient condition for achieving the objectives
of the Treaty to establish a military balance, transparency and predictability in
relation to conventional armed forces in Europe. Therefore, in light of the abovementioned
factors, which have created a situation of special urgency, the Republic of Bulgaria
has decided to suspend the operation of the CFE Treaty as between itself and every
other State Party to it as of 7 November 2023 in accordance with its rights under
international law. At the same time, the Republic of Bulgaria remains committed to
confidence building, reduction of military risk, transparency and effective conventional
arms control as a key element of stability and security in Europe. In addition, the
Republic of Bulgaria kindly requests the Ministry of Foreign Affairs of the Kingdom
of the Netherlands to notify the other States Parties of the CFE Treaty of the Bulgarian
decision.
|
| 06-11-2023 |
Party |
Party
Belarus modified
- Objections: Yes
-
added reservation
30-10-2023
[…] hereby declare, that in accordance with Article 60 of the Vienna Convention on
the Law of Treaties of 23 May 1969 the Republic of Belarus suspended the Treaty on
Conventional Armed Forces in Europe of 19 November 1990 in relation to the Republic
of Poland and the Czech Republic. The Republic of Belarus shall fulfill obligations
under the abovementioned Treaty in relation to the other States-Participants properly
and in good faith. […]
|
| 09-06-2023 |
Party |
Party
Russian Federation modified
- Renunciation: 09-06-2023
- Termination: 07-11-2023
-
added reservation
09-06-2023
The Russian Federation has taken a decision to withdraw from the CFE Treaty 150 days
after this notification is sent. The Russian Federation also assumes that in the context
of its withdrawal from the Treaty, the Document agreed by the States Parties to the
Treaty on Conventional Armed Forces in Europe of 19 November 1990 (Annex A to the
Final Document of the First Conference to Review the Operation of the Treaty on Conventional
Armed Forces in Europe and the Concluding Act of the Negotiation on Personnel Strength
adopted in Vienna on 31 May 1996 (the Flank Document)) will cease to have effect with
respect to the Russian Federation 150 days from the date of this notification. The
Russian Federation considers it necessary to withdraw from the CFE Treaty in the context
of extraordinary events related to the subject matter of this Treaty that have jeopardized
its supreme interests. Such events include, in particular: 1. Accession to the North
Atlantic Treaty signed in Washington on 4 April 1949 (Washington Treaty of 1949) of
new states without a corresponding change in the composition of the CFE States Parties
and groups of States Parties, as well as the stationing of conventional armaments
of "old" NATO members in the territories of "new" members, resulting in the repeated
circumvention or excess of CFE Treaty "group" limitations. 2. Non-compliance by the
CFE States Parties that have signed or acceded to the Washington Treaty of 1949, with
the political commitment made in Istanbul on 19 November 1999 to accelerate ratification
of the Agreement on Adaptation of the Treaty on Conventional Armed Forces in Europe,
as well as with the commitment to adjust territorial ceilings. 3. Other actions by
a number of the CFE States Parties, which run counter to the objectives of the Treaty,
in particular actions relating to the transfers of conventional armaments. The recent
NATO accession of Finland that is not a CFE State Party but borders on the part of
the territory of the Russian Federation included into the area of Treaty application,
probable future deployment of conventional armaments of the third States in Finland,
as well as continuing procedures for admitting Sweden, neither a CFE State Party,
into the Alliance, considerably upset the safe and stable balance of conventional
armed forces in the North of Europe, being the last straw that has necessitated the
withdrawal of the Russian Federation from the Treaty. The Russian Federation assumes
that the CFE and the Flank Document will cease to have effect for it 150 days after
the notification of withdrawal is sent to all CFE States Parties, namely starting
from 7 November 2023. The Russian Federation would appreciate the Depositary's prompt
bringing this information to the attention of all the States Parties to the CFE Treaty,
as well as timely convening a conference of States Parties to the CFE Treaty in accordance
with Article XXI, paragraph 4, of the Treaty.
|
| 05-06-2023 |
New treaty |
General information
- Provisional application: 17-07-1992
- Entry into force: 09-11-1992
Kingdom part
Netherlands (in Europe)
- Provisional application: 17-07-1992
- Entry into force: 09-11-1992
Party
Armenia
- Signature: 19-11-1990
- Ratification: 12-10-1992 (R)
- Entry into force: 09-11-1992
Azerbaijan
- Signature: 19-11-1990
- Ratification: 09-07-1992 (R)
- Entry into force: 09-11-1992
Belarus
- Signature: 19-11-1990
- Ratification: 30-10-1992 (R)
- Entry into force: 09-11-1992
Belgium
- Signature: 19-11-1990
- Ratification: 17-12-1991 (R)
- Entry into force: 09-11-1992
Bulgaria
- Signature: 19-11-1990
- Ratification: 12-11-1991 (R)
- Entry into force: 09-11-1992
Canada
- Signature: 19-11-1990
- Ratification: 22-11-1991 (R)
- Entry into force: 09-11-1992
Czech Republic
- Ratification: 11-12-1996 (Su)
- Entry into force: 01-01-1993
Czechoslovakia (<01-01-1993)
- Signature: 19-11-1990
- Ratification: 05-08-1991 (R)
- Entry into force: 09-11-1992
Denmark
- Signature: 19-11-1990
- Ratification: 30-12-1991 (R)
- Entry into force: 09-11-1992
France
- Signature: 19-11-1990
- Ratification: 24-03-1992 (R)
- Entry into force: 09-11-1992
Georgia
- Signature: 19-11-1990
- Ratification: 06-07-1992 (R)
- Entry into force: 09-11-1992
Hungary
- Signature: 19-11-1990
- Ratification: 04-11-1991 (R)
- Entry into force: 09-11-1992
Iceland
- Signature: 19-11-1990
- Ratification: 24-12-1991 (R)
- Entry into force: 09-11-1992
Italy
- Signature: 19-11-1990
- Ratification: 22-04-1992 (R)
- Entry into force: 09-11-1992
Kazakhstan
- Signature: 19-11-1990
- Ratification: 30-10-1992 (R)
- Entry into force: 09-11-1992
Luxembourg
- Signature: 19-11-1990
- Ratification: 22-01-1992 (R)
- Entry into force: 09-11-1992
Norway
- Signature: 19-11-1990
- Ratification: 29-11-1991 (R)
- Entry into force: 09-11-1992
Poland
- Signature: 19-11-1990
- Ratification: 26-11-1991 (R)
- Entry into force: 09-11-1992
Portugal
- Signature: 19-11-1990
- Ratification: 14-08-1992 (R)
- Entry into force: 09-11-1992
Romania
- Signature: 19-11-1990
- Ratification: 21-04-1992 (R)
- Entry into force: 09-11-1992
Slovakia
- Ratification: 22-10-1996 (Su)
- Entry into force: 01-01-1993
Ukraine
- Signature: 19-11-1990
- Ratification: 09-07-1992 (R)
- Entry into force: 09-11-1992
Germany
- Signature: 19-11-1990
- Ratification: 23-12-1991 (R)
- Entry into force: 09-11-1992
- Objections: Yes
- Reservations / Declarations: No
-
reservation
19-11-1990
In connection with the signature of the Treaty on Conventional Armed Forces in Europe,
the Government of the Federal Republic of Germany confirms the declaration made by
the Federal Minister for Foreign Affairs on 30 August 1990 in the plenary session
of the Negotiations on Conventional Armed Forces in Europe, which reads as follows:
"The Government of the Federal Republic of Germany undertakes to reduce the personnel
strength of the armed forces of the united Germany to 370,000 (ground, air and naval
forces) within three to four years. This reduction will commence on the entry into
force of the first CFE agreement.
Within the scope of this overall ceiling no more than 345,000 will belong to the ground
and air forces which, pursuant to the agreed mandate, alone are the subject of the
Negotiations on Conventional Armed Forces in Europe.
The Federal Government regards its commitment to reduce ground and air forces as a
significant German contribution to the reduction of conventional armed forces in Europe.
It assumes that in follow-on negotiations the other participants in the negotiations,
too, will render their contribution to enhancing security and stability in Europe,
including measures to limit personnel strengths."
reservation
23-12-1991
1. The Federal Republic of Germany will apply Section VI, paragraph 24 of the Protocol
on Inspection in such a way that inspections outside military establishments are not
carried out in spaces used for residential purposes.
2. Section VIII, paragraph 6 (C) of the Protocol on Inspection will be applied in
such a way that inspections outside military establishments are carried out in spaces
not used for residential purposes only during normal business and operating hours.
Greece
- Signature: 19-11-1990
- Ratification: 08-07-1992 (R)
- Entry into force: 09-11-1992
- Objections: Yes
- Reservations / Declarations: No
-
reservation
08-07-1992
Greece wishes hereby to reaffirm the validity of the 1923 Lausanne Peace Treaty, the
1936 Montreux Convention regarding the regime of the Straits and the 1947 Paris Peace
Treaty between the Allies and Italy, insofar as obligations deriving from them have
not explicitly or implicitly been abolished by other Treaties, including the present
one, or other rules and principles of international law.
Moldova
- Signature: 19-11-1990
- Ratification: 06-07-1992 (R)
- Entry into force: 09-11-1992
- Objections: Yes
- Reservations / Declarations: No
-
reservation
13-12-2011
[...] the Republic of Moldova has decided to cease the implementation of certain obligations
under the CFE Treaty vis-à-vis the Russian Federation, particularly pertaining to
the provision of information and notifications as well as acceptance of inspections.
This decision will be effective as long as the Russian Federation continues not to
perform its obligations under the CFE Treaty.
The Republic of Moldova will continue to honour all its obligations under the CFE
Treaty and its associated documents towards the non-defaulting State Parties and remains
committed to good faith negotiations aimed at finding a solution.[...]
Netherlands, the Kingdom of the
- Signature: 19-11-1990
- Ratification: 08-11-1991 (R)
- Entry into force: 09-11-1992
- Objections: Yes
- Reservations / Declarations: No
-
reservation
14-12-2011
[...] the Netherlands has decided that, for as long as the Russian Federation continues
not to perform its obligations to the Netherlands under the CFE Treaty and the Flank
Document, the Netherlands ceases to perform the following obligations vis-à-vis the
Russian Federation, effective upon the date of its statement in the Joint Consultative
Group, i.e. November 22, 2011.
- The Netherlands will not provide information to the Russian Federation in the annual
data exchange that takes place pursuant to the CFE Treaty;
- The Netherlands will not provide any notifications to the Russian Federation pursuant
to the CFE Treaty; and
- The Netherlands will not accept inspections requested by the Russian Federation
pursuant to the CFE Treaty.
The Netherlands will continue to perform all its obligations vis-à-vis States Parties
to the CFE Treaty and the Flank Document other than the Russian Federation.[...]
Russian Federation
- Signature: 19-11-1990
- Ratification: 03-09-1992 (R)
- Entry into force: 09-11-1992
- Objections: Yes
- Reservations / Declarations: Yes
-
reservation
14-07-2007
Suspension of the Treaty from 12 December 2007.
[Note of the depositary: The Russian Federation has requested the depositary to convey
to the States Parties to the Treaty its decision to suspend the operation of the CFE
Treaty and the Document agreed among the States Parties to the Treaty on Conventional
Armed Forces in Europe of 19 November 1990. The Russian Federation proceeds from the
point that the operation of the CFE Treaty and the Flank Document will be suspended
in relations between the Russian Federation and States Parties to the CFE Treaty after
150 days upon the date of receipt by all the CFE Treaty States Parties of the notification
on suspension, i.e. from 12 December 2007.]
objection to reservation
Objections United Kingdom, 11-12-2007
...the United Kingdom would reserve the right to consider an act of suspension of
the CFE Treaty by a State Party, should it occur, as an unlawful, material breach
of the CFE Treaty.
Objections Romania, 11-12-2007
...Romania would like to inform that it does not agree with Russian Federation's demarche
regarding the suspension of the latter's obligations under the CFE Treaty starting
with 12 December 2007.
Objections United States of America, 17-12-2007
... the CFE Treaty contains no provision that allows a State Party to carry out such
a suspension and that such a suspension is not justified under the circumstances based
on customary international law, as reflected in the Vienna Convention on the Law of
Treaties. As such, the United States of America will continue to review closely the
Russian Federations's compliance with its obligations, which continue in force, under
the CFE Treaty and review options available under international law to respond to
breaches of those obligations. The United States' future actions with regard to its
own CFE Treaty commitments will take into account Russian compliance with its CFE
Treaty commitments.
Objections Türkiye, 03-01-2008
... The CFE Treaty contains no provision for a state party to carry out such a suspension.
Turkey, therefore, reserves the right to consider an act of suspension of the CFE
Treaty by a state party as a material breach of the CFE Treaty and the right to take
necessary legal measures in accordance with the principles of international law.
Objections Canada, 07-02-2008
... The CFE Treaty does not contain provisions allowing States Parties to suspend
their obligations. It is also the understanding of Canada that neither does customary
international law, as embodied in the Vienna Convention on the Law of Treaties, contain
grounds to justify such a unilateral course of action. Under these circumstances,
Canada will continue to review the Russian Federation's compliance with its obligations,
which continue in force, under the CFE Treaty and review options available under international
law to respond to breaches of those obligations. Canada will also take into consideration
the Russian Federation's level of compliance in determining its own future actions.
Objections Czech Republic, 19-05-2008
... As the CFE Treaty does not contain any provision allowing States Parties to suspend
their obligations and there is no consent on the suspension of the operation of the
CFE Treaty, the Czech Republic will review the Russian Federation's compliance with
its obligations, which continue in force, under the CFE Treaty. The Czech Republic
reserves, therefore, the right to take necessary legal measures under international
law to respond to the breaches of those obligations.
reservation
30-07-2008
(unofficial translation)
The suspension of the CFE Treaty is in line with the provisions of the CFE Treaty,
the Vienna Convention on the Law of Treaties, customary international law and general
principles of law.
It is well known that pursuant to Article 57 of the Vienna Convention the operation
of the international treaty may be suspended (i) in conformity with the provisions
of the treaty, or (ii) by consent of the parties to the treaty. Paragraph 2 of Article
XIX of the CFE Treaty provides that "each State Party shall, in exercising its national
sovereignty, have the right to withdraw from this Treaty if it decides that extraordinary
events related to the subject matter of this Treaty have jeopardized its supreme interests".
The Russian Federation is of the view that the State Parties to the CFE Treaty are
fully allowed by international law to suspend it on the same grounds and under the
same procedure as provided for in Paragraph 2 of Article XIX for the withdrawal from
the CFE Treaty.
Article 31 of the Vienna Convention stipulates inter alia that for the purpose of
interpretation the text of the treaty comprises its preamble. In accordance with the
ninth paragraph of the preamble of the Vienna Convention 'the rules of customary international
law will continue to govern questions not regulated by the provisions of the present
Convention'. So the Vienna Convention itself provides the permissibility to act in
accordance not only with its provisions, but also with applicable rules of customary
international law.
Legal permissibility of the suspension of the international treaty that is silent
on suspension but provides for withdrawal stems from the in plus stat minus maxim
(the greater includes the lesser). This maxim is a well-known general principle of
law supported by customary international law. For instance, International Court of
Justice in a number of cases was guided by the logic of this principle in the context
of consideration of the issue of its jurisdiction. This legal maxim is equally applicable
within the realm of the law of treaties and in particular to the regime of suspension
and termination of international treaties. The provisions on termination and suspension
of the international treaty are 'hand in hand' in the Vienna Convention.
Application of the in plus stat minus principle as the means to substantiate the linkage
between termination and suspension clauses is evidenced by the materials of the International
Law Commission related to the draft articles on the law of treaties. An explicit right
to terminate the treaty (for the indefinite period of time) presumes and includes
a right to suspend it, i.e. temporarily terminate the fulfillment of obligations under
the treaty.
The Russian Federation has suspended the CFE Treaty on the same grounds on which it
had and has the right to withdraw from it.
Spain
- Signature: 19-11-1990
- Ratification: 01-06-1992 (R)
- Entry into force: 09-11-1992
- Objections: Yes
- Reservations / Declarations: No
-
reservation
01-06-1992
1. Declaration drawn up 'ad referendum' on 14 June 1991 on behalf of the Government
of the Kingdom of Spain by the Spanish representative at the CFE negotiations:
The Government of the Kingdom of Spain hereby agrees that the declaration made today
by the Government of the Union of Soviet Socialist Republics provides a satisfactory
basis for moving towards the ratification and application of the Treaty on Conventional
Armed Forces in Europe of 19 November 1990 (the Treaty).
Both the above-mentioned declaration made by the Government of the Union of Soviet
Socialist Republics and the present declaration made by the Government of the Kingdom
of Spain are to be equally legally binding, to enter into force at the same time as
the Treaty and to have the same duration.
2. Declaration made by the representative of the Kingdom of Spain in the Joint Consultative
Group:
The representative of the Kingdom of Spain in the Joint Consultative Group hereby
declares that, in accordance with the legally binding declaration made by the Union
of Soviet Socialist Republics, all conventional armaments and equipment in the categories
defined under Article II of the Treaty present on or after 19 November 1990 in the
territories of Estonia, Latvia and Lithuania are to be deemed subject to all the provisions
of the Treaty, its supplementary documents and the legally binding commitment made
by the Union of Soviet Socialist Republics on 14 June 1991. More specifically, the
conventional armaments and equipment in the categories limited by the Treaty will
be notified as part of existing Soviet holdings and will be taken into account with
regard to the volume of the required Soviet reductions. 18 October 1991.
The application of the present Treaty to Gibraltar shall be without prejudice to the
legal position of the Kingdom of Spain on the dispute with the United Kingdom concerning
the sovereignty of the Isthmus.
Türkiye
- Signature: 19-11-1990
- Ratification: 08-07-1992 (R)
- Entry into force: 09-11-1992
- Objections: Yes
- Reservations / Declarations: Yes
-
reservation
08-07-1992
The provision contained in Article II/1/B and Article V/1/A of the Treaty that the
Treaty covers the entire land territory in Europe, including all the European island
territories of the States Parties, or any other of its provisions do not alter, terminate
or affect in any way the demilitarized status of the Eastern Aegean Islands established
by the 1914 Decision of the Six Powers, 1923 Lausanne Peace Treaty, 1923 Lausanne
Convention on the Straits and 1947 Paris Peacy Treaty.
objection to reservation
Objections Greece, 29-06-1993
Objection of the Government of the Hellenic Republic to the reservation formulated
by the Government of Turkey to the Treaty on Conventional Armed Forces in Europe.
The Government of the Hellenic Republic objects to Turkey's reservation concerning
the Treaty on Conventional Armed Forces in Europe to the extent that this reservation
departs from the declaration made by Greece on the same Treaty, not only with regard
to the instruments and international acts quoted therein, but also with regard to
the basic issue at stake.
United Kingdom
- Signature: 19-11-1990
- Ratification: 19-11-1991 (R)
- Entry into force: 09-11-1992
- Objections: Yes
- Reservations / Declarations: No
- Akrotiri and Dhekelia (Sovereign Base Areas in Cyprus)
Entry into force: 09-11-1992Gibraltar
Entry into force: 09-11-1992Guernsey
Entry into force: 09-11-1992Jersey
Entry into force: 09-11-1992Man, Isle of
Entry into force: 09-11-1992
-
reservation
29-11-2011
[...] the United Kingdom decided that, for as long as the Russian Federation continues
not to perform its obligations under the CFE Treaty and the Flank Document, the United
Kingdom would from 22 November 2011, and in the hope that it will encourage the Russian
Federation to return to its Treaty obligations:
- no longer provide information to the Russian Federation in the annual data exchange
that takes place under the terms of the CFE Treaty on 15 December;
- no longer provide any notifications to the Russian Federation under the terms of
the CFE Treaty;
- no longer accept inspections requested by the Russian Federation pursuant to the
CFE Treaty.
The United Kingdom will continue to perform its obligations vis-à-vis States Parties
to the CFE Treaty and the Flank Document other than the Russian Federation, including
with respect to numerical limitations on conventional armaments and equipment established
by the Treaty. [...]
United States of America
- Signature: 19-11-1990
- Ratification: 29-01-1992 (R)
- Entry into force: 09-11-1992
- Objections: Yes
- Reservations / Declarations: No
-
reservation
24-11-2011
[...] the United States has decided that, for as long as the Russian Federation continues
not to perform its obligations vis-à-vis the United States under the CFE Treaty and
the Flank Document, the United States will cease performing the following CFE Treaty
obligations vis-à-vis the Russian Federation:
- The United States will not provide information to the Russian Federation in the
annual data exchange that takes place pursuant to the CFE Treaty.
- The United States will not provide notifications to the Russian Federation pursuant
to the CFE Treaty.
- The United States will not accept inspections requested by the Russian Federation
pursuant to the CFE Treaty.
This action was announced in the Joint Consultative Group on November 22, 2011, and
was effective on that date.
The United States will continue to perform its obligations vis-à-vis States Parties
to the CFE Treaty and the Flank Document other than the Russian Federation, including
with respect to numerical limitations on conventional armaments and equipment established
by the Treaty. [...]
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