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Download XMLGeneva Convention relative to the treatment of prisoners of war
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Albania | Yes | No |
| Angola | Yes | Yes |
| Australia | Yes | No |
| Bangladesh | Yes | No |
| Barbados | Yes | No |
| Canada | Yes | No |
| China | Yes | No |
| Democratic People's Republic of Korea | Yes | No |
| Guinea-Bissau | Yes | Yes |
| Iran | Yes | No |
| Israel | Yes | No |
| Kuwait | Yes | Yes |
| New Zealand | Yes | No |
| North Macedonia | Yes | No |
| Palestine | Yes | No |
| Portugal | Yes | No |
| Republic of Korea, the | Yes | No |
| Russian Federation | 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 10:
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 prisoners of war are nationals
has given its consent.
Article 12:
The People's Republic of Albania considers that in case of prisoners of war being
transferred to another Power by the Detaining Power, the responsibility for the application
of the Convention to such prisoners of war will continue to rest with the Power which
captured them.
Article 85:
The People's Republic of Albania considers that persons convicted under the law of
the Detaining Power, in accordance with the principles of the Nuremberg trial, of
war crimes and crimes against humanity, must be treated in the same manner as persons
convicted in the country in question. Albania does not, therefore, consider herself
bound by Article 85 so far as the category of persons mentioned in the present reservation
is concerned.
Angola
20-09-1984
In acceding to the Geneva Conventions of 12 August 1949, the People's Republic of
Angola reserves the right not to extend the benefits deriving from Article 85 of the
Convention concerning the treatment of prisoners of war to persons who have committed
war crimes and crimes against humanity as defined in Article VI of the "Nuremberg
Principles" as formulated in 1950 by the International Law Commission on the instructions
of the United Nations General Assembly.
Objection United Kingdom, 28-03-1985
With reference to the reservation made by the Government of the People's Republic
of Angola to Article 85 to the Convention relative to the Treatment of Prisoners of
War, Her Majesty's Government, recalling their previous declaration in relations to
similar reservations by other States, wish to state that, whilst they do not oppose
the entry into force of the Convention in question between the United Kingdom and
the People's Republic of Angola, they are unable to accept the reservation because,
in the view of the Government of the United Kingdom, this reservation is not of the
kind which intending parties to the Convention are entitled to make.
Australia
14-10-1958
[...] the Government of Australia to refer to the reservations made to Article 85
of the Convention Relative to the Treatment of Prisoners of War 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 Article
12 of the Convention Relative to the Treatment of Prisoners of War and [...] 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 relate.
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 the following countries have made reservations
with respect to Article 85 of the Convention Relative to the Treatment of Prisoners
of War, Albania, Byelorussia, Bulgaria, Czechoslovakia, Poland, Rumania, Ukraine,
and Soviet Union; and Yugoslavia has made reservations with respect to Article 12
of the Convention Relative to the Treatment of Prisoners of War and to [...]. The
Government of Barbados states that whilst it regards all the abovementioned 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.
The Government of Barbados notes that the People's Republic of China has deposited
a reservation in respect to Article 85 of the Convention relative to the treatment
of Prisoners of War but considers that China is a party to the Convention and does
not accept the validity of any reservations made by the Government of the People's
Republic.
Canada
16-05-2014
The Embassy of Canada […] has the honour to refer to the […] Swiss Federal Council's communication of 10 April 2014 […] relating to the Conventions and Protocol I. The Embassy of Canada notes that this communication was made pursuant to the Swiss Federal Council's capacity as depositary for the Geneva Conventions and Protocol I. The Embassy of Canada notes the technical and administrative role of the depositary, and that it is for states party 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 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 wishes to note its position that, in the context of the purported Palestinian accession to the Conventions and Protocol I, 'Palestine' is not able to accede to the Conventions and Protocol I and that the Conventions and Protocol I do not enter into force or have an effect on Canada's treaty relations, with respect to the 'State of Palestine'.
China
28-12-1956
Regarding Article 10 the People's Republic of China will not recognize as valid a
request by the Detaining Power of prisoners of war 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 prisoners of war are nationals.
Regarding Article 12, the People's Republic of China holds that the original Detaining
Power which has transferred prisoners of war to another Contracting Power, is not
for that reason freed from its responsibility for the application of the Convention
while such prisoners of war are in the custody of the Power accepting them.
Regarding Article 85, the People's Republic of China is not bound by Article 85 in
respect of the treatment of prisoners of war convicted under the laws of the Detaining
Power in accordance with the principles laid down in the trials of war crimes or crimes
against humanity by the Nuremberg and the Tokyo International Military Tribunals.
Democratic People's Republic of Korea
27-08-1957
Article 10:
In the event of a Power detaining prisoners of war 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 prisoners of war concerned depend.
Article 12:
The Government of the Democratic People's Republic of Korea considers that, even during
the period in which the Power detaining prisoners of war have transferred the prisoners
of war 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 prisoners of war concerned will not be released.
Article 85:
The Government of the Democratic People's Republic of Korea will not be bound by Article
85, in regard to the treatment of the prisoners of war convicted under the laws of
the Detaining Power of prisoners of war for having committed war crimes or inhumane
offences, based on the principles of Nuremberg and the Tokyo Far East International
Military Tribunal.
Guinea-Bissau
21-02-1974
Article 4
The Council of State of the Republic of Guinea-Bissau does not recognize "the conditions"
provided for in paragraph A (2) of this article concerning "members of other militias
and members of other volunteer corps, including those of organized resistance movements",
because these conditions are not suited to the people's wars waged today.
Article 10
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 prisoners depend has already agreed to that request.
Objection Germany, 03-03-1975
The reservations formulated by the Republic of Guinea-Bissau concerning [...] Article 4 (2) of the third Geneva convention relative to the Treatment of Prisoners of War exceed, in the opinion of the Government of the Federal Republic of Germany, the purpose and intent of these Conventions and are therefore unacceptable to it. This declaration shall not otherwise affect the validity of the said Geneva Conventions under international law as between the Federal Republic of Germany and the Republic of Guinea-Bissau.
Objection United States of America, 04-03-1975
The reservations are similar to reservations expressed by others previously with respect to the same or different conventions and concerning which the Government of the United States has previously declared its views. The attitude of the Government of the United States with respect to all the reservations by the Republic of Guinea-Bissau parallels its attitude toward such other reservations. The Government of the United States, while rejecting the reservations, accepts treaty relations with the Republic of Guinea-Bissau.
Objection United Kingdom, 19-11-1975
[...] 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.
[...].
In relation to the reservation made by [...] and the Republic of Guinea-Bissau to
Article 4 of the Convention relative to the Treatment of Prisoners of War [...], the
Government of the United Kingdom wish to state that they are likewise unable to accept
those reservations.
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
16-05-2014
The Embassy of Israel […] refers to the communication […] dated 10 April 2014, regarding the Palestinian request to accede to the [four Geneva Conventions of 12 August 1949 for the Protection of War Victims]. 'Palestine' does not satisfy the criteria for statehood under international law and lacks the legal capacity to join the aforesaid conventions both under general international law and the terms of bilateral Israeli-Palestinian agreements. The Government of Israel does not recognize 'Palestine' as a State, and wishes to place on record, for the sake of clarity, its position that it does not consider 'Palestine' a party to the Conventions and regards the Palestinian request for accession as being without legal validity and without effect upon Israel's treaty relations under the Conventions.
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
01-01-1956
The Government of New Zealand notes that Albania, Byelorussia, Bulgaria, Czechoslovakia,
Hungary, Poland, Romania, Ukraine, and Soviet Union have made reservations with respect
to Article 85 of the Convention Relative to the Treatment of Prisoners of War and
that Albania, Byelorussia, Bulgaria, Czechoslovakia, Hungary, Poland, Romania, Ukraine,
Soviet Union and Yugoslavia have also made reservations in respect to Article 12 of
the Convention Relative to the Treatment of Prisoners of War and to [...] .
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 10 and 12.
In regard to Article 10:
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 prisoners of war, unless
the Government whose nationals they are has given its consent.
In regard to Article 12:
The Government of the Federal People's Republic of Yugoslavia will not consider that
the Power which has effected the transfer of prisoners of war is freed from its responsibility
for the application of the Convention, even for time which such prisoners are in the
custody of the Power accepting them.
Palestine
18-06-2014
The Government of the State of Palestine regrets the position of the United States
of America and wishes to recall United Nations General Assembly resolution 67/19 of
29 November 2012 according Palestine 'non-member observer State status in the United
Nations'. In this regard Palestine is a State recognized by the United Nations General
Assembly on behalf of the international community. As a State Party to the four Geneva
Conventions of 12 August 1949 for the Protection of War Victims and their Additional
Protocol I of 8 June 1977, which entered into force on 2 April 2014, the State of
Palestine will exercise its rights and honor its obligations with respect to all States
Parties. The State of Palestine trusts that its rights and obligation will be equally
respected by its fellow States Parties.
The Government of the State of Palestine regrets the position of Canada and wishes
to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according
Palestine 'non-member observer State status in the United Nations'. In this regard
Palestine is a State recognized by the United Nations General Assembly on behalf of
the international community. As a State Party to the four Geneva Conventions of 12
August 1949 for the Protection of War Victims and their Additional Protocol I of 8
June 1977, which entered into force on 2 April 2014, the State of Palestine will exercise
its rights and honor its obligations with respect to all States Parties. The State
of Palestine trusts that its rights and obligation will be equally respected by its
fellow States Parties.
The Government of the State of Palestine regrets the position of Israel, the occupying
power, and wishes to recall United Nations General Assembly resolution 67/19 of 29
November 2012 according Palestine 'non-member observer State status in the United
Nations'. In this regard Palestine is a State recognized by the United Nations General
Assembly on behalf of the international community. As a State Party to the four Geneva
Conventions of 12 August 1949 for the Protection of War Victims and their Additional
Protocol I of 8 June 1977, which entered into force on 2 April 2014, the State of
Palestine will exercise its rights and honor its obligations with respect to all States
Parties. The State of Palestine trusts that its rights and obligation will be equally
respected by its fellow States Parties.
Portugal
14-03-1961
The Portuguese Government only accepts article 10 of Conventions I, II and III […]
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 interprets the provisions of Article 118, paragraph 1, as not
binding upon a Power detaining prisoners of war to forcibly repatriate its prisoners
against their openly and freely expressed will.
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
12-12-1949
Article 10:
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 prisoners of war are nationals has been obtained.
Article 12:
The Union of Soviet Socialist Republics does not consider as valid the freeing of
a Detaining Power, which has transferred prisoners of war to another Power, from responsibility
for the application of the Convention to such prisoners of war while the latter are
in the custody of the Power accepting them.
Article 85:
The Union of Soviet Socialist Republics does not consider itself bound by the obligation,
which follows from Article 85, to extend the application of the Convention to prisoners
of war who have been convicted under the law of the Detaining Power, in accordance
with the principles of the Nuremberg trial, for war crimes and crimes against humanity,
it being understood that persons convicted of such crimes must be subject to the conditions
obtaining in the country in question for those who undergo their punishment.
United Kingdom
23-09-1957
[...] Government in the United Kingdom to refer to the reservations made on Article
85 of the Convention relative to the Treatment of Prisoners of War 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 Article 12 of the Convention relative to the Treatment of Prisoners of War and
to [...] 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
Rejecting the reservations which States have made with respect to the Geneva Convention
relative to the treatment of prisoners of war, the United States accepts treaty relations
with all parties to that Convention, except as to the changes proposed by such reservations.
16-05-2014
The Embassy of the United States of America […] refers to the Federal Department's
notification […] dated April 10, 2014 […] regarding the purported accession of the
'State of Palestine' to the following multilateral treaties for which the Swiss Federal
Council is depositary:
Geneva Convention for the amelioration of the condition of the wounded and sick in
armed forces in the field of August 12, 1949;
Geneva Convention for the amelioration of the condition of wounded, sick and shipwrecked
members of armed forces at sea of August 12, 1949;
Geneva Convention relative to the treatment of prisoners of war of August 12, 1949;
Geneva Convention relative to the protection of civilian persons in time of war of
August 12, 1949.
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
said treaties 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 said treaties and affirms that it will not consider itself to be in a treaty
relationship with the 'State of Palestine' under the said treaties.
Uruguay
05-03-1969
With express reservations in respect of Articles 87, 100 and 101 of Geneva Convention
III, and [...] in so far as they involve the imposition and execution of the death
penalty.
Vietnam
28-06-1957
Article 4:
[..] Viet Nam does not recognize the provisions set forth in section 2 of said article
relative to members of other militias and members of other volunteer corps, including
those of organized resistance movements, because these provisions do not apply to
the people's wars in the contemporary world.
Article 10:
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 [..]
Vietnam, unless the State of which the wounded and sick in armed forces in the field
are nationals has approved the request.
Article 12:
[..] Vietnam declares that the transfer by the Detaining Power of prisoners of war
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 to
such prisoners.
Article 85:
[..] Vietnam declares that prisoners of war tried and convicted of war crimes or crimes
against humanity, in accordance with the principles laid down by the Nuremberg Judicial
Tribunal, shall not benefit from the provisions of the present Convention as is specified
in Article 85.
Objection United Kingdom, 19-11-1975
In relation with the reservations made by the Provisional Revolutionary Government
of the Republic of South Vietnam to Articles 12 and 85 of the Convention relative
to the Treatment of Prisoners of War and [...], 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 and [...], 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.
[...]
In relation to the reservation made by the Provisional Revolutionary Government of
the Republic of South Vietnam and [...] to Article 4 of the Convention relative to
the Treatment of Prisoners of War and [...], the Government of the United Kingdom
wish to state that they are likewise unable to accept those reservations.
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 these 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.