Статус Женевской конвенции о защите гражданского населения во время войны (Женева, 12 августа 1949 года) [рус., англ.]

[неофициальный перевод]

CONVENTION (IV) RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR Geneva, 12 August 1949

Entry in force: 21.10.1950

State parties (196) — State signatories (59)

<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).

Niue: Niue remains bound by the New Zealand's ratification of the 1949 Geneva Conventions, until such time as Niue accedes to the Conventions in its own right.

Albania

Reservation made upon signature and maintained upon ratification:

Mr. Malo, First Secretary to the Albanian Legation in Paris:

(I) Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.

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 protected persons are nationals has given its consent.»

(2) Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea.

Article 10: «The People's Republic of Albania will not recognize a request by a Detaining Power to a humanitarian organization or a to 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.»

(3) Convention relative to the Treatment of Prisoners of War.

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».

(4) Convention relative to the Protection of Civilian Persons in Time of War.

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.»

SOURCE: Final Record of the Diplomatic Conference of Geneva of 1949, Vol. I, Federal Political Department, Berne, p. 342.

Angola

Reservation made upon accession:

«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»

SOURCE: International Review of the Red Cross, September — October 1984, No 242, p. 287.

Australia

Statement transmitted upon ratification:

«(...) I am instructed by the Government of the Commonwealth 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 Geneva Convention relative to the Treatment of Prisoners of War and to Article 45 of the 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.

«I am instructed by the Government of the Commonwealth of Australia to state 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.»

«I am further instructed by the Government of the Commonwealth of Australia to refer to notifications concerning the „German Democratic Republic“, the „Democratic People's Republic of Korea“, the „Democratic Republic of Viet-Nam“ and the „People's Republic of China“. While the Government of the Commonwealth of Australia does not recognise any the foregoing it has taken note of their acceptance of the provisions of the Conventions and their intention to apply them. The position of the Government of the Commonwealth of Australia towards the reservations referred to above applies equally in relation to the similar reservations attached to such acceptance.»

SOURCE: UNTS, Vol. 314, 1958, pp. 334 — 336.

Bangladesh

The Permanent Mission of Bangladesh to the United Nations in Geneva has brought to the knowledge of the Swiss Government, by note dated 20 December 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.

(Communication from the Federal Department of Foreign Affairs of 9 January 1989)

Barbados

Declaration made upon succession:

«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 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 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 the Government of the People's Republic.»

SOURCE: Notification by the depositary addressed to the ICRC on 12.12.1968. UNTS, Vol. 653, 1968, p. 454.

China

Reservations made upon ratification:

«1. Regarding Article 10 of the Geneva Convention for the Amelioration of the Condition of Wounded and Sick in Armed Forces in the Field of August 12, 1949, the People's Republic of China will not recognize as valid a request by the Detaining Power of the wounded and sick, or medical personnel and chaplains 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.»

«2. Regarding Article 10 of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, the People's Republic of China will not recognize as valid a request by the Detaining Power of the wounded, sick and shipwrecked, or medical personnel and chaplains 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.»

«3. Regarding Article 10 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, 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.»

«4. 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.»

SOURCE: UNTS, Vol. 260, 1957, pp. 438 — 444.

On 31 Mai 2000, the People's Republic of China deposited with the Swiss Federal Council a declaration on the applicability of the Geneva Conventions of 12 August 1949 and the Additional Protocols I and II to the Special Administrative Region of Macao. Pursuant to this declaration, the Conventions and Protocols are applicable to the Special Administrative Region of Macao from 20 December 1999.

Democratic People's Republic of Korea

Reservations made upon accession:

1) On Article 10 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949:

«In the event of a Power detaining wounded and sick, or medical personnel, 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.»

2. On Article 10 of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949:

«In the event of a Power detaining wounded, sick and shipwrecked, or medical personnel, 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.»

3. On Article 10 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949

«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.»

On Article 12 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 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.»

On Article 85 of the same Convention:

«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.»

4. On the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949:

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.»

SOURCE: UNTS, Vol. 278, 1957, pp. 263 — 264

Germany

At accession on 3 December 1954, the Federal Republic of Germany stated that the Conventions are also applicable to Land Berlin.

SOURCE: UNTS, Vol. 202, 1954 — 1955, pp. 330 — 333.

*****

Objection to the reservation made upon accession by Guinea-Bissau to the Geneva Conventions I, II and III. Notification effected with the Government of Switzerland on 3 March 1975:

«The reservation formulated in this connexion by the Republic of Guinea-Bissau concerning»

Article 13 (2) of the first Geneva convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field

Article 13 (2) of the second Geneva convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea

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.»

SOURCE: UNTS, Vol. 970, 1975, p. 367.

Guinea-Bissau

Reservations made upon accession:

I. Concerning the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949

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 wounded and sick of the armed forces in the field depend has already agreed to that request.»

Article 13

«The Council of State of the Republic of Guinea-Bissau does not recognize the „conditions“ provided for in subparagraph (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.»

II. Concerning the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949

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 wounded, sick and shipwrecked persons depend has already agreed to that request.»

Article 13

«The Council of State of the Republic of Guinea-Bissau does not recognize the conditions provided for in subparagraph (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.»

III. Concerning the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949

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.»

IV. Concerning the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949

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.»

SOURCE: UNTS, Vol. 920, 1974, p. 280 — 282.

Islamic Republic of Iran

On 4 September 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.

(See also the French version of the Declaration:)

SOURCE: SCHINDLER/TOMAN, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p. 576.

The Swiss Federal Council received in Bern 12 September 2000 the following communication dated 23 July 2000 in Farsi:

TRANSLATION

ISLAMIC REPUBLIC OF MINISTRY OF FOREIGN AFFAIRS

No.: 640/4329

Date: July 23, 2000

IN THE NAME OF GOD

NOTE VERBAL

The Ministry of Foreign Affairs of the Islamic Republic of Iran presents its compliments to the Embassy of Switzerland in Tehran and with reference to Note No. 904/73/4840/18, dated September 3, 1980 has the honor to state:

The Government of the Islamic Republic of Iran announced via the aforementioned note that in a bid to prevent multiplicity of Distinctive International Emblems for aid and charity related affairs and in order to contribute to the unification of these Distinctive Emblems, it would not practice its right of using the «Red Lion and Sun» as one of the three official emblems of the International Union of the Red Cross and will rather use the «Red Crescent» emblem for this purpose. The measure was adopted with the understanding that all government would oblige themselves to accepting one of the two Red Cross or Red Crescent emblems and once an open violation of this is observed, the right will remain for the Government of the Islamic Republic of Iran to use its distinctive emblem at national and international levels again.

In view of the prevailing developments in line with increasing the number of emblems, it is emphasized that in the case of approval and increase of new distinctive emblems, the Government of the Islamic Republic of Iran will according to Article 38 of the 1949 Geneva Convention on improving the situation of those wounded in the armed forces during military expedition in which, mention has been made of the three emblems of Red Cross, Red Crescent and Red Lion and Sun, maintain its right of using the Red Lion and Sun emblem once again.

In view of the fact that the Government of that Embassy is the depository of the four August 12, 1949 Geneva Conventions on supporting war victims, it would be appreciated if the Ministry of Foreign Affairs of Switzerland is informed of the contents of this Note, reiterating the maintenance of the right of the Government of the Islamic Republic of Iran to use the «Red Lion and Sun» emblem once again so that consequently, the 1949 Geneva Conventions' member states are officially informed.

Availing itself of this opportunity to renew the assurances of its highest consideration.

Wishing the victory of the oppressed over the oppressor.

Israel

Reservation made upon signature and maintained upon ratification:

Mr KAHANY, Delegate of Israel to the European Office of the United Nations and to the International Committee of the Red Cross, made the following declaration:

«In accordance with instructions received from my Government, I shall sign the Geneva Convention relative to the Treatment of Prisoners of War without any reservation. But in the case of each of the other three Conventions, our signature will be given with reservations the purport of which is as follows:»

(1) Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.

«Subject to the reservation that, while respecting the inviolability of the distinctive signs and emblems of the Convention, Israel will use the Red Shield of David as the emblem and distinctive sign of the medical services of her armed forces.»

(2) Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea.

«Subject to the reservation that, while respecting the inviolability of the distinctive signs and emblems of the Convention, Israel will use the Red Shield of David on the flags, armlets and on all equipment (including hospital ships), employed in the medical service.»

(3) Geneva Convention relative to the Protection of Civilian Persons in Time of War.

«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 12, 1949, Israel will use the Red Shield of David as the emblem and distinctive sign provided for in this Convention.»

SOURCE: Final Record of the Diplomatic Conference of Geneva of 1949, Vol. I, Federal Political Department, Berne, p. 348.

*****

Declaration relating to the declaration made upon accession by Democratic Yemen:

«The Government of Israel takes note that by declarations dated 10 February 1977, and received by the Swiss Government on 25 May 1977, 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.»

SOURCE: UNTS, Vol. 1080, 1978, p. 370.

*****

[A similar declaration to the previous declaration was made by Israel, relating to the declaration made upon accession by Kuwait]

Kuwait

Declaration made upon accession:

«This Accession (...) does not imply recognition of Israel or entering with it into relations governed by the Conventions thereto acceded.»

SOURCE: UNTS, Vol. 608, p. 353.

Pakistan

Reservation made upon ratification:

(1) Reservation concerning Article 44 to the Convention:

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.

(2) Reservation concerning Article 68, paragraph 2, of the Convention

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.

SOURCE: Notification addressed by the depositary to the ICRC on 20 June 1951.

Portugal

Reservation made upon signature and partially maintained upon ratification:

(a) Article 3, common to the four Conventions:

«As there is no actual definition of what it meant by a conflict not of an international character, and as, in case this term is intended to refer solely to civil war, it is not clearly laid down at what moment an armed rebellion within a country should be considered as having become a civil war, Portugal reserves the right not to apply the provisions of Article 3, in so far as they may be contrary to the provisions of Portuguese law, in all territories subject to her sovereignty in any part of the world.»

(b) Article 10 of Conventions I, II and III and Article 11 of Convention IV:

«The Portuguese Government only accepts the above Articles 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).»

(c) Article 13 of Convention I and Article 4 of Convention III:

«The Portuguese Government makes a reservation regarding the application of the above Articles in all cases in which the legitimate Government has already asked for and agreed to an armistice or the suspension of military operations of no matter what character, even if the armed forces in the field have not yet capitulated.»

(d) Article 60 of Convention III:

«The Portuguese Government accepts this Article with the reservation that it in no case binds itself to grant prisoners a monthly rate of pay in excess of 50% of the pay due to Portuguese soldiers of equivalent appointment or rank, on active service in the combat zone.»

SOURCE: UNTS, Vol. 394, 1961, p. 258.

*****

Declaration made upon ratification

«At the time of deposit with the Swiss Federal Council of the instrument of ratification of the Geneva Conventions for the protection of War victims of August 12, 1949, the undersigned, Ruy Teixeira Guerra, Ambassador of Portugal to Switzerland, declares that his Government has decided to withdraw the reservations made at the time of signature of these Conventions in respect of article 3, common to the four Conventions, article 13 of Convention I and Article 4 of Convention III, and article 60 of Convention III.»

On the other hand, the Portuguese Government only accepts article 10 of Conventions I, II and III and 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).»

SOURCE: UNTS, Vol. 394, 1961, p. 258.

Regarding Macao declaration see French database, [Link]

Republic of Korea

Reservation and declaration made upon accession:

Concerning Article 118 of the Convention relative to the treatment of prisoners of war:

«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»

Concerning Article 68 of the Convention relative to the protection of civilian persons in time of war:

«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»

SOURCE: UNTS, Vol. 575, 1966, p. 285 — 287

Russian Federation

Reservations made upon signature and maintained upon ratification:

General SLAVIN, Head of the Delegation of the Union of Soviet Socialist Republics:

(I) On signing the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, the Government of the Union of Soviet Socialist Republics makes the following reservation:

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 protected persons are nationals has been obtained.»

(2) On signing the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, the Government of the Union of Soviet Socialist Republics makes the following reservation:

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 protected persons are nationals has been obtained.»

(3) On signing the Convention relative to the Treatment of Prisoners of War, the Government of the Union of Soviet Socialist Republics makes the following reservations:

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.»

(4) On signing the Convention relative to the Protection of Civilian Persons in Time of War, the Government of the Union of Soviet Socialist Republics feels called upon to make the following declaration:

«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.»

SOURCE: Final Record of the Diplomatic Conference of Geneva of 1949, Vol. I, Federal Political Department, Berne, pp. 355 — 356.

Suriname

Reservation made upon succession identical with the reservation made by Netherlands to the Convention relative to the Protection of Civilian Persons in Time of War:

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.

SOURCE: Notification by the depositary addressed to the ICRC on 25 October 1979.

The former Yugoslav Republic of Macedonia

The former Yugoslav Republic of Macedonia deposited on 18 October 1996 to succeed to the reservations and declarations made by the Former Republic of Yugoslavia.

Reservations made upon signature and maintained upon ratification:

Mr Milan RISTIC, Yugoslav Minister in Switzerland, made the following declaration:

(I) «On signing the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, I declare that the Government of the Federal People's Republic of Yugoslavia adheres to the said Convention, with a reservation in respect of 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 the wounded and sick, or medical personnel and chaplains, unless the Government whose nationals they are has given its consent.»

(2) On signing the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, I declare that the Government of the Federal People's Republic of Yugoslavia adheres to the said Convention, with a reservation in respect of 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 the wounded, sick and shipwrecked, or medical personnel and chaplains, unless the Government whose nationals they are has given its consent.»

(3) On signing the Geneva Convention relative to the Treatment of Prisoners of War, I declare that the Government of the Federal People's Republic of Yugoslavia adheres to the said Convention, with reservations 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.»

(4) On signing the Geneva Convention relative to the Protection of Civilian Persons in Time of War, I declare that the Government of the Federal People's Republic of Yugoslavia adheres to the said Convention, with reservations 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.»

SOURCE: Final Record of the Diplomatic Conference of Geneva of 1949, Vol. I, Federal Political Department, Berne, p. 356 — 357.

United Kingdom of Great Britain and Northern Ireland

Declaration made upon ratification:

«On depositing the instrument of ratification by the United Kingdom of Great Britain and Northern Ireland of the four following Conventions:»

«(1) The Convention of August 12, 1949, for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field»

«(2) The Convention of August 12, 1949, for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea»

«(3) The Convention of August 12, 1949, relative to the Treatment of Prisoners of War»

«(4) The Convention of August 12, 1949, relative to the Protection of Civilian Persons in Time of War»

«I am instructed by Her Majesty's Government in the United Kingdom to make the following declaration:»

«The United Kingdom of Great Britain and Northern Ireland will apply each of the above-mentioned Conventions in the British Protected States of Bahrain, Kuwait, Qatar and the Trucial States to the extent of Her Majesty's powers in relation to those territories.»

(...) [Reservation to Article 68 of the Convention relative to the Protection of Civilian Persons in Time of War, withdrawn on 15 December 1971]

«I am further instructed by Her Majesty's 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 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.

«I am instructed by Her Majesty's Government 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.»

SOURCE: UNTS, Vol. 278, 1957, pp. 266 — 268.

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Objection made on 28 March 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.»

SOURCE: Notification by the depositary addressed to the ICRC on 18 June 1985.

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Objection by the United Kingdom in relation with the reservationsmade by the Provisional Revolutionary Government of the Republic of South Vietnam. Notification addressed to the Swiss Government 19 november 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 Article 45 of the Convention relative to the Protection of Civilian Persons in Time of War and in relation with the reservation 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 the Republic of South Vietnam 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.»

«The Government of the United Kingdom wish also to place on record that they take the same view of the similar reservations made by the Swiss Minister in London on 8 January 1957, and by the Democratic Republic of Vietnam, notified by the Swiss Ambassador in London on 24 August 1957.»

«In relation to the reservation made by the Provisional Revolutionary Government of the Republic of South Vietnam and the Republic of Guinea-Bissau to Article 4 of the Convention relative to the Treatment of Prisoners of War and by the Republic of Guinea-Bissau to Article 13 of the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field and Article 13 of the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, the Government of the United Kingdom wish to state that they are likewise unable to accept those reservations.»

SOURCE: UNTS, Vol. 995, 1976.

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With letters dated 13 June 1997, the British Ambassador to Switzerland deposited the following declaration:

«I am instructed by Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the [four Geneva Conventions] (hereinafter referred to as the „Convention“) which apply to Hong Kong at present.»

I am also instructed to state that, 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.»

Source: Notification by the Swiss Government to the Governments of the States parties to the Geneva Conventions of 12 August 1949 for the protection of War Victims, Berne, 24 June 1997.

United States of America

Reservation made upon signature and maintained upon ratification:

Mr. VINCENT, Minister of the United States of America in Switzerland, on signing the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949, made the following declaration:

«The Government of the United States fully supports the objectives of this Convention.»

«I am instructed by my Government to sign, making the following reservation to Article 68:»

«The United States reserve 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»

SOURCE: Final Record of the Diplomatic Conference of Geneva of 1949, Vol. I, Federal Political Department, Berne, p. 346.

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Declaration made upon ratification:

«The United States in ratifying the Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field does so with the reservation that irrespective of any provision or provisions in said convention to the contrary, nothing contained therein shall make unlawful, or obligate the United States of America to make unlawful, any use or right of use within the United States of America and its territories and possessions of the Red Cross emblem, sign, insignia, or words as was lawful by reason of domestic law and a use begun prior to January 5, 1905, provided such use by pre-1905 users does not extend to the placing of the Red Cross emblem, sign, or insignia upon aircraft, vessels, vehicles, buildings or other structures, or upon the ground.»

«Rejecting the reservations which States have made with respect to the Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field, the United States accepts treaty relations with all parties to that Convention, except as to the changes proposed by such reservations.»

«Rejecting the reservations which States have made with respect to the Geneva Convention for the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea, the United States accepts treaty relations with all parties to that Convention, except as to the changes proposed by such reservations.»

«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.»

«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» (Reservation formulated by the Representative of the United States of America at the time of signature.)

«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.»

SOURCE: UNTS, Vol. 213, 1955, pp. 379 — 384.

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By a note of 22 September 1955, the Permanent observer of Switzerland transmitted to the Secretariat of the United Nations a copy of the note addressed by the Embassy of the United States of America in Bern to the Political Department of the Swiss Confederation, the text of which reads as follows:

«(...) The Embassy has the honor to inform the Department that the statement regarding the reservations of other states which is embodied in each of the four ratifications is not considered by the United States Government to be a reservation to the convention. The Embassy is instructed to point out that only two reservations were made by the United States: the first relates to the use of the Red Cross emblem in so far as the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field is concerned, and the second, made at the time of signature, relates to the right to impose the death penalty, in so far as the Convention Relative to the Protection of Civilian Persons in Time of War is concerned. (...)».

SOURCE: UNTS, Vol. 213, 1955, pp. 379.

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Objection to the reservations made upon accession by Guinea-Bissau

«The Department of State refers to the note of March 5, 1974 from the Embassy of Switzerland enclosing the notification of the Swiss Federal Political Department concerning the accession of the Republic of Guinea-Bissau to the Geneva Conventions of August 12, 1949 for the protection of war victims, subject to certain reservations.»

The reservations are similar to the 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.»

SOURCE: UNTS, Vol. 970, 1975, pp. 367 — 368.

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Declaration relating to the accession of the Provisional Revolutionary Government of the Republic of South Viet-Nam:

«(...) The Government of the United States of America recognizes the Government of the Republic of Viet-Nam and does not recognize the „Provisional Revolutionary Government of the Republic of South Viet-Nam“ as a government. The United States Government therefore does not recognize that the „Provisional Revolutionary Government of the Republic of South Viet-Nam“ is qualified to accede to the Geneva Conventions. Bearing in mind, however, that it is the purpose of the Geneva Conventions that their provisions should protect war victims in armed conflicts, the Government of the United States of America notes that the „Provisional Revolutionary Government of the Republic of South Viet-Nam“ has indicated its intention to apply them subject to certain reservations. The reservations expressed with respect to the Third Geneva Convention go far beyond previous reservations, and are directed against the object and purpose of the Convention. Other reservations are similar to reservations expressed by others previously and concerning which the Government of the United States has previously declared its views. The Government of the United States rejects all the expressed reservations.»

«The Government of the United States notes that the views expressed in this note should not be understood as implying any withdrawal from the policy heretofore pursued by its armed forces in according the treatment provided by the Conventions to hostile armed forces»

SOURCE: UNTS, Vol. 972, 1975, p. 403.

Uruguay

Reservation made upon ratification (Convention III and IV):

«(...) With express reservations in respect of Articles 87, 100 and 101 of Geneva Convention III, and of Article 68 of Geneva Convention IV, in so far as they involve the imposition and execution of the death penalty»

SOURCE: Notification by the depositary addressed to the ICRC on 10 March 1969.

Viet Nam

Reservations made upon accession of the Democratic Republic of Vietnam on 28 June 1957:

(I) As regards the Geneva Convention of 12 August 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field:

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 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.

(2) As regards the Geneva Convention of 12 August 1949 for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea:

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 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.

(3) As regards the Geneva Convention of 12 August 1949 relative to the Treatment of Prisoners of War:

Article 4: «The Provisional Revolutionary Government of the Republic of South 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 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 12: The Democratic Republic of 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: The Democratic Republic of 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.

(4) Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of War.

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.

SOURCE: Notification by the depositary addressed to the ICRC on 23 July 1957.

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Reservations made upon accession on 3 December 1973 by the Provisional Revolutionary Government of the Republic of South Viet-Nam:

I. With regard to the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949:

Ad article 10

The Provisional Revolutionary Government of the Republic of South Viet-Nam recognizes as lawful a request by the Detaining Power to a neutral country or a humanitarian organization, to assume the functions performed by protecting Powers only when the State on which the wounded and sick members of armed forces in the field depend shall have given prior consent to such a request.

2. With regard to the Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949:

Ad article 10

The Provisional Revolutionary Government of the Republic of South Viet-Nam recognizes as lawful a request by the Detaining Power to a neutral country, or a humanitarian organization, to assume the functions performed by Protecting Powers only when the State on which the wounded, sick and shipwrecked members of armed forces at sea depend shall have given prior consent to such a request.

3. With regard to the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949:

Ad Article 4

The Provisional Revolutionary Government of the Republic of South Viet-Nam does not recognize the «conditions» lay down in item (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 cases of people's wars in the world of today.

Ad article 10

The Provisional Revolutionary Government of the Republic of South Viet-Nam recognizes as lawful a request by the Detaining Power to a neutral country, or a humanitarian organization, to assume the functions performed by Protecting Powers only when the State on which the prisoners of war depend shall have given prior consent to such a request

Ad Article 12

The Provisional Revolutionary Government of the Republic of South Viet-Nam declares that the transfer of prisoners of war by the Detaining Power 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.

Ad Article 85

The Provisional Revolutionary Government of the Republic of South Viet-Nam declares that prisoners of war prosecuted and convicted for crimes of aggression, crimes of genocide or war crimes, and crimes against humanity in accordance with the principles established by the Nuremberg Tribunal shall not benefit from the provisions of the present Convention.

4. With regard to the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949:

Ad article 11

The Provisional Revolutionary Government of the Republic of South Viet-Nam recognizes as lawful a request by the Detaining Power to a neutral country, or a humanitarian organization, to assume the functions performed by Protecting Powers only when the State on which the civilian persons in question depend shall have given prior consent to such a request

Ad Article 45

The Provisional Revolutionary Government of the Republic of South Viet-Nam declares that the transfer of civilian persons protected by this Convention 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.

SOURCE: UNTS, Vol. 913, 1974, pp. 175 — 176.