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Download XMLGeneva Convention relative to the protection of civilian persons in time of war
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Albania | Yes | No |
| Australia | Yes | No |
| Bangladesh | Yes | No |
| Barbados | Yes | No |
| China | Yes | No |
| Democratic People's Republic of Korea | Yes | No |
| Guinea-Bissau | Yes | Yes |
| Iran | Yes | No |
| Israel | Yes | No |
| Kazakhstan | Yes | No |
| Kuwait | Yes | Yes |
| New Zealand | Yes | No |
| North Macedonia | Yes | No |
| Pakistan | Yes | No |
| Portugal | Yes | No |
| Republic of Korea, the | Yes | No |
| Russian Federation | Yes | No |
| Suriname | Yes | No |
| United Kingdom | Yes | No |
| United States of America | Yes | No |
| Uruguay | Yes | No |
| Vietnam | Yes | Yes |
| Yemen | Yes | Yes |
Albania
27-05-1957
Article 11: The People's Republic of Albania will not recognize a request by a Detaining
Power to a humanitarian organization or to a neutral State to take the place of a
Protecting Power, as being in order, unless the Power of which the protected persons
are nationals has given its consent.
Article 45: The People's Republic of Albania considers that in the case of protected
persons being transferred to another Power by the Detaining Power, the responsibility
for the application of the Convention to such protected persons will continue to rest
with the Detaining Power.
Australia
14-10-1958
[...] the Government of Australia to refer to the reservations made to [...] by the
following: The People's Republic of Albania, the Byelorussian Soviet Socialist Republic,
the Bulgarian People's Republic, the Czechoslovak Republic, the Hungarian People's
Republic, the Polish Republic, the Romanian People's Republic, the Ukrainian Soviet
Socialist Republic, the Union of Soviet Socialist Republics and to the reservations
to [...] and to Article 45 of the Geneva Convention relative to the Treatment of Civilian
Persons in Time of War made by all the above-mentioned and by the Federal People's
Republic of Yugoslavia.
The Government of Australia states that whilst they regard all the above-mentioned
as being parties to the above-mentioned Conventions they do not regard the above-mentioned
reservations as valid and will therefore regard any application of any of those reservations
as constituting a breach of the Convention to which the reservation relates.
Bangladesh
20-12-1988
[...] the decision of the Government of the People's Republic of Bangladesh to use
henceforth the red crescent instead of the red cross as the emblem and distinctive
sign.
Barbados
10-09-1968
The Government of Barbados notes that [...] Yugoslavia has made reservations with respect to [...] and to Article 45 of the Convention Relative to the Treatment of Civilian Persons in Time of War. The Government of Barbados states that whilst it regards all the above mentioned States as being parties to abovementioned Conventions it does not regard the abovementioned reservations thereto made by those States as valid and will therefore regard any application of any of those reservations as constituting a breach of the Convention to which the reservation relates.
China
28-12-1956
Although the Geneva Convention Relative to the Protection of Civilian Persons in Time
of War of August 12, 1949, does not apply to civilian persons outside enemy-occupied
areas and consequently does not completely meet humanitarian requirements, it is found
to be in accord with the interest of protecting civilian persons in occupied territory
and in certain other cases, hence it is ratified with the following reservations:
Regarding Article 11, the People's Republic of China will not recognize as valid a
request by the Detaining Power of protected persons to a neutral State or to a humanitarian
organization, to undertake the functions which should be performed by a Protecting
Power, unless the consent has been obtained of the government of the State of which
the protected persons are nationals.
Regarding Article 45, the People's Republic of China holds that the original Detaining
Power which has transferred protected persons to another Contracting Power, is not
for that reason freed from its responsibility for the application of the Convention
while such protected persons are in the custody of the Power adopting them
14-04-1999
The Government of the People's Republic of China hereby confirms that the four Geneva
Conventions of 1949 and the 1977 Additional Protocols I and II apply to the Hong Kong
Specials Administrative Region of the People's Republic of China (HKSAR) with effect
from 1 July 1997, as they apply to the whole territory of the People's Republic of
China.
31-05-2000
[...] the Conventions and Protocols are applicable to the Special Administrative Region
of Macao from 20 December 1999.
Democratic People's Republic of Korea
27-08-1957
The Government of the Democratic People's Republic of Korea considers that the present
Convention cannot fully meet humanitarian requirements, inasmuch as it does not apply
to the civilian persons outside the territory occupied by the enemy. But, considering
that the present Convention has a positive aspect of protecting the interests of civilian
persons in the territory of occupation and in a series of other cases, the Government
of the Democratic People's Republic of Korea accedes to it with reservations on the
following articles:
On Article 11 of the same Convention:
In the event of a Power detaining protected persons requesting a neutral State, or
a humanitarian organization, to undertake the functions incumbent on a Protecting
Power, the Government of the Democratic People's Republic of Korea will not consider
it a legal request unless an approval is obtained from the Government of the State
on which the protected persons concerned depend.
On Article 45 of the same Convention:
The Government of the Democratic People's Republic of Korea considers that, even during
the period in which the Power detaining protected persons have transferred the protected
persons to other Powers which are parties to the present Convention to be in their
custody, responsibility as an original Detaining Power for the application of the
present Convention towards the protected persons concerned will not be released.
Guinea-Bissau
21-02-1974
Article 11
The Council of State of the Republic of Guinea-Bissau does not recognize as legal
the request addressed by the Detaining Power to a neutral country or a humanitarian
organization to undertake the functions performed by a Protecting Power, unless the
State on which the aforementioned civilian persons depend has already agreed to that
request.
Article 45
The Council of State of the Republic of Guinea-Bissau declares that the transfer of
civilian persons protected by this Convention to a Power which is a party to the Convention
does not exempt the Detaining Power from carrying out the provisions of the Convention.
Objection United Kingdom, 19-11-1975
In relation with the reservations [...] to Article 45 of the Convention relative to
the Protection of Civilian Persons in Time of War made by the Republic of Guinea-Bissau,
the Government of the United Kingdom of Great Britain and Northern Ireland, recalling
their declaration on ratification in relation to similar reservations by other States,
wish to state that, whilst they do not oppose the entry into force of the two Conventions
in question between the United Kingdom and [..] and the Republic of Guinea-Bissau,
they are unable to accept the above-mentioned reservations thereto made by those States
because, in the view of the Government of the United Kingdom, these reservations are
not of the kind which intending Parties to the Convention are entitled to make.
[....]
Iran
04-09-1980
The Government of the Islamic Republic of Iran declared that henceforth it wishes
to use the red crescent as the distinctive emblem and sign instead of the red lion
and sun.
Israel
02-01-1968
Subject to the reservation that, while respecting the inviolability of the distinctive
signs and emblems provided for in Article 38 of the Geneva Convention for the Amelioration
of the Condition of the Wounded and Sick in Armed Forces in the Field of August, 1949,
Israel will use the Red Shield of David as the emblem and distinctive sign provided
for in this Convention.
Kazakhstan
17-11-2003
The Kazakh Society of Red Crescent and Red Cross was transformed into present Red
Crescent Society of the Republic of Kazakhstan on 29 March 2002 during its XVI Congress.
Hence the joint emblem of the society (red cross and red crescent) was changed to
the emblem of Red Crescent.
Kuwait
02-09-1967
This Accession does not imply recognition of Israel or entering with it into relations
governed by the Conventions thereto acceded.
Objection Israel, 22-01-1968
Israel has taken note of the political character of the declaration made by Kuwait
[ ]. In the view of the Government of Israel, this declaration is inadmissible and
the Government of Israel formally expresses its objections to this declaration and
as far as its relations with Kuwait are concerned, it reserves the right to act on
the basis of strict reciprocity with regard to issues that are subject to these Conventions.
New Zealand
02-05-1959
The Government of New Zealand notes that [...] Albania, Byelorussia, Bulgaria, Czechoslovakia,
Hungary, Poland, Romania, Ukraine, Soviet Union and Yugoslavia have also made reservations
in respect to [...] and to Article 45 of the Convention Relative to the Treatment
of Civilian Persons in Time of War
The Government of New Zealand states that whilst they regard all the above-mentioned
as being parties to the above-mentioned Conventions they do not regard the above-mentioned
reservations as valid and will therefore regard any application of any of those reservations
as constituting a breach of the Convention to which the reservation relates
North Macedonia
18-10-1996
[...] decided on to adhere to the reservations made by the Former Republic of Yugoslavia,
in respect of Article 11 and 45.
In regard to Article 11:
The Government of the Federal People's Republic of Yugoslavia will not consider as
legal a request by the Detaining Power that a neutral State or an international organization
or a humanitarian organization should undertake the functions performed under the
present Convention by the Protecting Powers, on behalf of protected persons, unless
the Government whose nationals they are has given its consent.
In regard to Article 45:
The Government of the Federal People's Republic of Yugoslavia will not consider it
legal for a Power, which effects a transfer of protected persons to another Power
to be freed from its responsibility for applying the Convention, for the whole of
the time during which such protected persons are in the custody of the Power accepting
them.
Pakistan
12-06-1951
Article 44:
Every protected person who is a national de jure of an enemy State, against whom action
is taken or sought to be taken under Article 41 by assignment of residence or internment,
or in accordance with any law, on the ground of his being an enemy alien, shall be
entitled to submit proofs to the Detaining Power, or as the case may be, to any appropriate
Court or administrative board which may review his case, that he does not enjoy the
protection of any enemy State, and full weight shall be given to this circumstance,
if it is established whether with or without further enquiry by the Detaining Power,
in deciding appropriate action, by way of an initial order or, as the case may be,
by amendment thereof.
Article 68, paragraphe 2:
The Government of Pakistan associate themselves with the reservation made by the United
Kingdom of Great Britain and Northern Ireland and reserves the right to impose the
death penalty in accordance with the provisions of Article 68, paragraph 2, without
regard to whether the offences referred to therein are punishable by death under the
law of the occupied territory at the time the occupation begins.
Portugal
14-03-1961
The Portuguese Government only accepts […] article 11 of Convention IV with the reservation
that requests by the Detaining Power to a neutral State or to a humanitarian organization
to undertake the functions normally performed by Protecting Powers are made with the
consent or agreement of the Government of the country of which the persons to be protected
are nationals (Countries of origin).
22-11-1999
[...] the Portuguese Republic will cease to assume the rights and obligations arising
from the Conventions and Protocols for Macao on 20 December 1999.
Republic of Korea, the
16-08-1966
The Republic of Korea reserves the right to impose the death penalty in accordance
with the provisions of Article 68, paragraph 2, without regard to whether the offences
referred to therein are punishable by death under the law of the occupied territory
at the time the occupation begins.
Furthermore, the Government of the Republic of Korea do hereby declare that it is
the only lawful Government in Korea, as set forth in General Assembly Resolution 195
(III) of 12 December 1948, and its accession shall not be construed as recognizing
any Contracting Party thereto which the Republic of Korea has not hitherto recognized.
Russian Federation
10-05-1954
Although the present Convention does not cover the civilian population in territory
not occupied by the enemy and does not, therefore, completely meet humanitarian requirements,
the Soviet Delegation, recognizing that the said Convention makes satisfactory provision
for the protection of the civilian population in occupied territory and in certain
other cases, declares that it is authorized by the Government of the Union of Soviet
Socialist Republics to sign the present Convention with the following reservations:
Article 11: The Union of Soviet Socialist Republics will not recognize the validity
of requests by the Detaining Power to a neutral State or to a humanitarian organization,
to undertake the functions performed by a Protecting Power, unless the consent of
the Government of the country of which the protected persons are nationals has been
obtained.
Article 45: The Union of Soviet Socialist Republics will not consider as valid the
freeing of a Detaining Power, which has transferred protected persons to another Power,
from responsibility for the application of the Convention to the persons transferred,
while the latter are in the custody of the Power accepting them.
Suriname
30-09-1976
Surinam confirmed the continuation of the reservation, also made on behalf of Suriname,
made on 13-10-1969 by the Kingdom of the Netherlands:
Surinam reserves the right to impose the death penalty in accordance with the provisions
of Article 68, paragraph 2, without regard to whether the offences referred to therein
are punishable by death under the law of the occupied territory at the time the occupation
begins.
United Kingdom
23-09-1957
[...] Government in the United Kingdom to refer to the reservations made on [...]
by the following States: the People's Republic of Albania, the Byelorussian Soviet
Socialist Republic, the Bulgarian People's Republic, the People's Republic of China,
the Czechoslovak Republic, the Polish Republic, the Rumanian People's Republic, the
Ukrainian Soviet Socialist Republic, the Union of Soviet Socialist Republics and to
the reservations to [...] and to Article 45 of the Convention relative to the Treatment
of Civilian Persons in Time of War made by all the above-mentioned States and by the
Federal People's Republic of Yugoslavia.
[...] to state that whilst they regard all the above-mentioned States as being parties
to the above-mentioned Conventions, they do not regard the above-mentioned reservations
thereto made by those States as valid, and will therefore regard any application of
any of those reservations as constituting a breach of the Convention to which the
reservation relates.
13-06-1997
In accordance with the Joint Declaration of the Government of the United Kingdom of
Great Britain and Northern Ireland and the Government of the People's Republic of
China on the Question of Hong Kong signed on 19 December 1984, the Government of the
United Kingdom will restore Hong Kong to the People's Republic of China with effect
from 1 July 1997. The Government of the United Kingdom will continue to have international
responsibility for Hong Kong until that date. Therefore, from that date the Government
of the United Kingdom will cease to be responsible for the international rights and
obligations arising from application of the Convention to Hong Kong.
United States of America
02-08-1955
The United States reserves the right to impose the death penalty in accordance with
the provisions of Article 68, paragraph 2, without regard to whether the offenses
referred to therein are punishable by death under the law of the occupied territory
at the time the occupation begins
Rejecting the reservations - other than to Article 68, paragraph 2 - which States
have made with respect to the Geneva Convention relative to the protection of civilian
persons in time of war, the United States accepts treaty relations with all parties
to that Convention, except as to the changes proposed by such reservations.
Uruguay
05-03-1969
(...) With express reservations in respect of [...], and of Article 68 of Geneva Convention
IV, in so far as they involve the imposition and execution of the death penalty.
Vietnam
28-06-1957
Article 11: A request by the Detaining Power to a neutral Power or to an organization
providing guarantees of impartiality and effectiveness, to undertake the functions
entrusted to the Protecting Powers by the Convention, will not be recognized as lawful
by the Democratic Republic of Vietnam, unless the State of which the wounded and sick
in armed forces in the field are nationals has approved the request.
Article 45: The Democratic Republic of Vietnam declares that the transfer by the Detaining
Power of protected persons to a Power which is a party to the Convention does not
release the Detaining Power from its responsibility for the application of the provisions
of the Convention relating to civilian persons in time of war.
Objection United Kingdom, 19-11-1975
In relation with the reservations made by the Provisional Revolutionary Government
of the Republic of South Vietnam to [..] and Article 45 of the Convention relative
to the Protection of Civilian Persons in Time of War [...], the Government of the
United Kingdom of Great Britain and Northern Ireland, recalling their declaration
on ratification in relation to similar reservations by other States, wish to state
that, whilst they do not oppose the entry into force of the two Conventions in question
between the United Kingdom and the Republic of South Vietnam [...], they are unable
to accept the above-mentioned reservations thereto made by those States because, in
the view of the Government of the United Kingdom, these reservations are not of the
kind which intending Parties to the Convention are entitled to make.
[...]
Yemen
25-05-1977
The Government of the People's Democratic Republic of Yemen declares that the accession
of the People's Democratic Republic of Yemen to this Conventions by no means implies
recognition of Israel.
Objection Israel, 10-02-1978
The Government of Israel takes note that by declarations […] the Popular Democratic
Republic of Yemen adhered to the four Geneva Conventions of 12 August 1949 relating
to the protection of war victims.
The said instruments were accompanied by a declaration of a political character in
respect to Israel. In the view of the Government of Israel, this is not the proper
place for making such political pronouncements, which are, moreover, in flagrant contradiction
to the principles, objects and purposes of the said Conventions. The said declaration
cannot in any way affect whatever obligations are binding upon the Popular Democratic
Republic of Yemen under general international law or under particular treaties.