Статус Протокола о запрещении применения на войне удушливых, ядовитых или других подобных газов и бактериологических средств (Женева, 17 июня 1925 года) [рус., англ.]

[неофициальный перевод]

СТАТУС ПРОТОКОЛА О ЗАПРЕЩЕНИИ ПРИМЕНЕНИЯ НА ВОЙНЕ УДУШЛИВЫХ,

(по состоянию на 28 октября 2025 года)

Вступление в силу: 08.02.1928

PROTOCOL FOR THE PROHIBITION OF THE USE OF ASPHYXIATING, POISONOUS OR OTHER GASES, AND OF BACTERIOLOGICAL METHODS OF WARFARE Geneva, 17 June 1925

Entry in force: 08.02.1928

State parties (146) — State signatories (0)

<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).

Algeria

Reservation made upon accession:

The Algerian Government shall be bound by the Protocol only in relation to States that have ratified it or acceded to it and shall cease to be bound by the Protocol vis — à - vis any State whose armed forces or whose allies' armed forces fail to comply with the Protocol's provisions.

(Original french translated by the ICRC).

Angola

Reservation made upon accession:

The People's Republic of Angola accedes to the Protocol of 17 June 1925 and declares that it is bound by that Protocol only in relation to States that have signed and ratified it or formally acceded to it.

The People's Republic of Angola accedes to the Protocol of 17 June 1925 and declares that it shall cease to be bound by that Protocol in relation to any enemy State whose armed forces or whose de jure or de facto allies do not respect the prohibitions laid down by that instrument.

SOURCE: Instrument of accession of 2 March 1990 (original portuguese translated by the ICRC)

Bahrain

Reservation made on accession:

«(a) The said Protocol is only binding on the Government of the State of Bahrain as regards those States which have signed and ratified the Protocol or have acceded thereto;»

(b) The said Protocol shall cease to be binding on the Government of the State of Bahrain in regard to any enemy State whose armed forces, or the armed forces of whose Allies, fail to respect the prohibitions laid down in the Protocol;

(c) The accession by the State of Bahrain to the said Protocol, signed on June 17, 1925, shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind therewith.»

SOURCE: Instrument of accession of 20 October 1988.

Bangladesh

Reservation made on accession:

«(1) The said Protocol is only binding on the Government of the People's Republic of Bangladesh as regards States which have signed and ratified it or which may accede to it;»

(2) The said Protocol shall ipso facto cease to be binding on the Government of the People's Republic of Bangladesh in regard to any enemy State whose armed forces or whose allies fail to respect the prohibitions laid down in the Protocol.»

SOURCE: Instrument of accession, 6 January 1989.

Cambodia

Reservation made on accession:

The Coalition Government of Democratic Kampuchea (CGDK) reserves the right not to be bound by the aforesaid Protocol as regards any enemy whose armed forces or allies no longer respect the prohibitions contained in this Protocol.

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 122.

China

The People's Republic of China engaged itself to apply the Protocol «under the reservation of reciprocity as from all other contracting and acceding Powers.»

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 122.

Democratic People's Republic of Korea

Reservation made on accession:

«1. The Democratic People's Republic of Korea recognizes the 1925 Geneva Protocol as one of major elements for the promotion of disarmament and the maintenance of lasting peace and hereby expresses its conviction that the obligations of this Protocol will be faithfully carried out by all the Contracting Parties.»

«2. The Democratic People's Republic of Korea also states that it will not exclude the right to exercise its sovereignty vis-a-vis the other Contracting Party which violates this Protocol in its implementation.»

SOURCE: Instrument of accession of 8 December 1988.

Fiji

Reservation made on succession:

(1) The Protocol is only binding on Fiji as regards States which have both signed and ratified it and which will have finally acceded thereto.

(2) The Protocol shall cease to be binding on Fiji in regard to any enemy State whose armed forces or the armed forces of whose allies fail to respect the prohibitions which are the object of the Protocol.

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 123.

India

Reservation made on ratification:

(1) The said Protocol is only binding on His Britannic Majesty as regards those Powers and States which have both signed and ratified the Protocol or have finally acceded thereto.

(2) The said Protocol shall cease to be binding on His Britannic Majesty toward any Power at enmity with him whose armed forces, or the armed forces of whose allies, fail to respect the prohibitions laid down in the Protocol.

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 123.

Iraq

Reservation made on accession:

Subject to the reservations that the Government of Iraq is bound by the said Protocol only towards those Powers and States which have both signed and ratified the Protocol or have acceded thereto, and that the Government of Iraq shall cease to be bound by the Protocol towards any Power at enmity with him whose armed forces, or the armed forces of whose allies, do not respect the Protocol.

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 123.

Israel

Reservation made on accession:

The said protocol is only binding on Israel as regards the States which have signed and ratified it or which may accede to it.

The said Protocol shall ipso facto cease to be binding on the State of Israel in regard to any enemy State whose armed forces or the armed forces of its allies or the regular or irregular forces or the groups or individuals operating from its territory fail to respect the prohibitions which are the object of this Protocol.

*****

Israel addressed the following note to the depositary on 25 January 1972, concerning the reservations of Kuwait and the Libyan Arab Republic:

The Government of Israel has taken note of the political nature of the declaration made in the first sentence of the reservations formulated by the State of Kuwait and the Libyan Arab Republic. The Government of Israel feels that this Protocol cannot be used as a vehicle for political declarations of this nature. To the extent that the above-mentioned reservations are intended to rule out the Protocol's applicability to a conflict with the State of Israel, Article 19 of the 1969 Vienna Convention on the Law of Treaties applies as it stipulates that reservations are unacceptable if they are incompatible with the object and purpose of the treaty in connection with which they are formulated. The above-mentioned declarations therefore in no way affect the obligations by which the State of Kuwait and the Libyan Arab Republic are already bound under general international law. As regards the substance of the Protocol's provisions, the Government of Israel will be guided vis — à - vis the State of Kuwait and the Libyan Arab Republic by the principles enunciated in the reservation which accompanied the State of Israel's instrument of accession, done on 22 January 1969 in Jerusalem and deposited with the Ministry of Foreign Affairs of France on 20 February 1969.

As the depositary of the above-mentioned Protocol, the French government is asked kindly to take the measures required in the event of an objection to a reservation.

SOURCE: Note of the Ministry of Foreign Affairs of Israel to the depositary (Original french; translated by the ICRC)

Jordan

Reservation made on accession:

Accession by Jordan does not compel it to conclude with Israel any of the arrangements mentioned in the Protocol. Jordan commits itself to the respect of the obligations contained in the Protocol towards States which do likewise. Jordan undertakes no commitment toward States whose regular or irregular armed forces do not observe the provisions of the Protocol.

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 124.

Kuwait

Reservation made on accession:

The accession by the State of Kuwait to this Protocol does not in any case imply the recognition of Israel or lead to the establishment of relations with the latter concerning the provisions laid down in the present Protocol. In case of violation of the prohibition mentioned in this Protocol by any one of the Parties to it, the State of Kuwait shall not consider itself bound by the provisions of this Protocol.

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 124.

Libya

Reservation made on accession:

The accession to the Protocol does not imply the recognition nor the establishment of any relations with Israel. The present Protocol is only binding on the Libyan Arab Republic in relation to the States parties to it and will cease to be binding on the Libyan Arab Republic in relation to those States whose forces and the forces of whose allies, do not respect the prohibitions the subject of this Protocol.

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 124

Nigeria

Reservation made on accession:

The Protocol is obligatory for Nigeria only in relation to States which are effectively bound by it and will cease to be binding on Nigeria with regard to States whose forces and allies' armed forces will not respect the interdictions being object of this Protocol.

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 125.

Pakistan

Reservation made on ratification:

(1) The said Protocol is only binding on His Britannic Majesty as regards those Powers and States which have both signed and ratified the Protocol or have finally acceded thereto.

(2) The said Protocol shall cease to be binding on His Britannic Majesty toward any Power at enmity with him whose armed forces, or the armed forces of whose allies, fail to respect the prohibitions laid down in the Protocol.

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 125.

Papua New Guinea

Reservation made on succession:

The Government of Papua New Guinea is bound by the aforesaid Protocol only towards the Powers and States which have signed and ratified the Protocol or which have acceded to it, and the Government of Papua New Guinea shall cease to be bound by the Protocol towards any enemy State whose armed forces or those of its allies do not respect the Protocol.

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 125.

Republic of Korea

Reservation made on accession:

«(1) The said Protocol is only binding on the Government of the Republic of Korea as regards States which have signed and ratified it or which may accede to it;»

(2) The said Protocol shall ipso facto cease to be binding on the Government of the Republic of Korea in regard to any enemy State whose armed forces or whose allies fail to respect the prohibitions laid down in the Protocol.

SOURCE: Instrument of accession of 26 December 1988.

Solomon Islands

Reservation made on succession:

The obligations stemming from the aforesaid Protocol shall be binding upon the Solomon Islands only in their relations with States which have ratified the Protocol or acceded to it and which respect its provisions.

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 125.

Syrian Arab Republic

Reservation made on accession:

The accession by the Syrian Arab Republic to this Protocol and the ratification of the Protocol by its Government does not in any case imply the recognition of Israel or lead to the establishment of relations with the latter concerning the provisions laid down in the Protocol.

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 126.

United States of America

Reservation made on ratification:

The Protocol shall cease to be binding on the government of the United States with respect to the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials, or devices, in regard to an enemy state if such state or any of its allies fails to respect the prohibitions laid down in the Protocol.

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 126.

Viet Nam

Reservation made on accession:

The Socialist Republic of Viet Nam shall be bound by the aforesaid Protocol only in its relations with States which have signed and ratified it or which have acceded to it.

The Socialist Republic of Viet Nam shall not be bound by the aforesaid Protocol in its relations with enemy States whose armed forces or allies do not respect its provisions.

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 127