Статус Дополнительного протокола к Женевским конвенциям от 12 августа 1949 года, касающегося принятия дополнительной отличительной эмблемы (Протокол III) (Женева, 8 декабря 2005 года) [рус., англ.]

[неофициальный перевод]

PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE ADOPTION OF AN ADDITIONAL DISTINCTIVE EMBLEM (PROTOCOL III)

Geneva, 8 December 2005

Entry into force: 14.01.2007

State parties (80) — State signatories (84)

<1> Ratification: a treaty is generally open for signature for a certain time following the conference which has adopted it. However, a signature is not binding on a State unless it has been endorsed by ratification. The time limits having elapsed, the Conventions and the Protocols are no longer open for signature. The States which have not signed them may at any time accede or, in the appropriate circumstances, succeed to them.

Accession: instead of signing and then ratifying a treaty, a State may become party to it by the single act called accession.

<2> Reservation / Declaration: unilateral statement, however phrased or named, made by a State when ratifying, acceding or succeeding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State (provided that such reservations are not incompatible with the object and purpose of the treaty).

Turkiye

At the time of its signature, the Republic of Turkey formulated the following declaration:

«Regarding the „Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III)“ and taking into consideration the references to the 1977 Additional Protocols I and II therof, the Republic of Turkey declares that it is not party to the Additional Protocols I and II»

Argentina

Declaration by the Argentine Republic

On 4 August 2011, the Argentine Republic reacted to the declaration made by the United Kingdom of Great Britain and Northern Ireland on 15 June 2011 as follows (unofficial translation of the original Spanish text):

«The Argentine Republic rejects the British claim to extend the application of the Protocol to the Falkland Islands, South Georgia and the South Sandwich Islands.»

The Protocol applies to the Falkland Islands, South Georgia and the South Sandwich Islands as being an integral part of the territory of the Argentine Republic, by virtue of the ratification of the Protocol by the Argentine Government on 16 March 2011.

In relation to the question of the Falkland Islands, the United Nations General Assembly adopted the resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, recognizing the existence of a dispute over sovereignty and requesting the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to re-initiate negotiations with a view to finding the means to resolve peacefully and definitively the dispute, with the good offices of the Secretary-General of the United Nations, who will inform the General Assembly on the progress made. The United Nations Special Committee on decolonization has repeatedly expressed the same view, most recently in the resolutions adopted on 24 June 2010 and 21 June 2011. Likewise, the General Assembly of the Organization of American States has adopted, on 8 June 2010 and on 7 June 2011, new declarations on the question in similar terms.

The Argentine Republic reaffirms its right of sovereignty over the Falkland Islands, South Georgia and the South Sandwich Islands and the surrounding maritime space.»

Canada

Déclaration :

Article 6(2) provides inter alia that the High Contracting Parties may permit prior users of the third Protocol emblem, or of any sign constituting an imitation thereof, to continue such use, provided that «the rights to such use were acquired before the adoption of this Protocol». Given that Canadian legislation enacted to implement Protocol III does not have retroactive application and will enter into force on the date of Canada's ratification of Protocol III, Canada will permit prior users of the third Protocol emblem, or of any sign constituting an imitation thereof, to continue such use, provided that the rights to such use were acquired before the date of Canada's ratification of Protocol III»

Israel

Declaration by the State of Israel made upon ratification on 22 November 2007:

On 22 November 2007, Israel deposited with the Swiss Federal Council its instrument of ratification of the Protocol III. The instrument contains the following text (original English version):

«The Government of Israel declares that while respecting the inviolability of the additional distinctive emblem provided for in the „Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III)“, it is the understanding of the Government of Israel that the ratification or the implementation of this protocol does not affect any rights acquired pursuant to reservations made by Israel to the Geneva Conventions of 12 August 1949».

Declaration by the State of Israel made on 5 November 2008:

On 5 November 2008, the State of Israel deposited with the Swiss Federal Council the following declaration referring to the text contained in the instrument of ratification of the Protocol III deposited by the State of Israel on 22 November 2007 (notification GEN 3/07 of 26 November 2007) (original English version):

«The Embassy of the State of Israel presents its compliments to the Swiss Federal Department of Foreign Affairs and has the honour to refer to the declaration made by Israel upon ratification of the Third Additional Protocol to the Geneva Conventions.»

In response to questions raised in relation to this declaration, the State of Israel wishes to confirm that this declaration is not intended to enable Israel to derogate from any of the provisions of the Protocol. It also recognizes that under the terms of the Protocol, the Red Crystal, when used as a protective emblem, may not incorporate any additional emblems or combine them as part of the protective emblem.»

Communication by Switzerland made on 7 November 2008:

In its capacity as depositary of the Geneva Conventions and Additional Protocols, the Swiss Federal Council has the honour to inform the States Parties that Switzerland, as a State Party, replied, on 7 November 2008, to the State of Israel concerning its declaration made on 5 November 2008 as follows (original English version):

«The Federal Department of Foreign Affairs presents its compliments to the Embassy of the State of Israel and acknowledges receipt of the Embassy's note verbale dated 3.11.08 by which the Government of the State of Israel clarifies its declaration made at the ratification, on 22 November 2007, of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III).»

The Federal Department thanks the Embassy for this note which makes it clear that the State of Israel respects the Protocol III in its entirety and will therefore solely use the Additional Emblem (Red Crystal) as the distinctive emblem in accordance with said Protocol.»

Communication by Sweden made on 26 November 2008:

On 26 November 2008, the depositary received from Sweden the following communication (original English version):

«The Government of Sweden has closely examined the declaration made by the Government of Israel on 22 November 2007, when ratifying the Protocol Additional III to the Geneva Conventions of 12 August 1949, with subsequent clarification in its declaration on 5 November 2008 as well as the following communication made by [Switzerland] on 7 November 2008. In the light of these communications it is the understanding of Sweden that Israel will adhere to the Protocol in its entirety and solely use the Red Crystal as its distinctive emblem.»

It is the expectation of Sweden that all states, in accordance with the object and purpose of Protocol III, join in the effort to disseminate the knowledge of the Protocol and to strengthen the respect of the new additional emblem».

Netherlands

Declaration by the Kingdom of the Netherlands made upon ratification on 13 December 2006:

On 13 December 2006, the Kingdom of the Netherlands deposited with the Swiss Federal Council its instrument of ratification of the Protocol III and declared it applicable to the Kingdom in Europe, to the Netherlands Antilles and to Aruba.

Republic of Moldova

Declaration made upon ratification:

«Until the full re-establishment of the territorial intergrity of the Republic of Moldova, the provisions of the Convention will be applied only on the territory controlled effectively by the authorities of the Republic of Moldova»

United Kingdom of Great Britain and Northern Ireland

Declaration — 15.06.2011

«Her Britannic Majesty's Embassy has the honor to declare, on behalf of the Government of the United Kingdom, that its ratification of Protocol III extends to the following territories for whose international relations it is responsible: Anguilla; Bailiwick of Guernsey; Bermuda; British Antarctic Territory; British Indian Ocean Territory; Cayman Islands; Falkland Islands; Isle of Man; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; South Georgia and the South Sandwich Islands; St Helena, Ascension and Tristan da Cunha; Sovereign Base Areas of Akrotiri and Dhekelia; Turks and Caicos Islands; Virgin Islands;»

Declaration — 07.01.2013

«Her Britannic Majesty's Embassy has the honor to declare, on behalf of the Government of the United Kingdom, that its ratification of the above Protocols extends to the Bailiwick of Jersey, in addition to the territories to which they have already been extended.»

In this respect, both the statements lodged on 2 July 2002 in respect of the extension of Protocol I and the Government's declaration of 17 May 1999 in respect of recognition of the competence of the International Fact Finding Commission shall also apply.»