Protocol on Explosive Remnants of War

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
Argentina	Yes	No
Holy See	Yes	No
Palestine	Yes	No
United States of America	Yes	No

Argentina

07-10-2011

The Argentine Republic declares that there are explosive remnants of war in its territory, in the Malvinas Islands.
Since this part of Argentine territory is illegally occupied by the United Kingdom of Great Britain and Northern Ireland, the Argentine Republic is prevented from accessing these explosive remnants of war with a view to their removal and destruction.
The United Nations General Assembly has recognized the existence of a sovereignty dispute concerning the Malvinas Islands, South Georgia Islands and South Sandwich Islands and has urged the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to continue negotiations in order to find a peaceful and definitive solution to the dispute as soon as possible, through the good offices of the Secretary-General of the United Nations, who is to report to the General Assembly on the progress made (resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25). The Special Committee on decolonization has expressed the same opinion: it has adopted a resolution each year stating that the way to end this colonial situation is to find a definitive solution to the sovereignty dispute in a peaceful and negotiated manner and requesting the two Governments to resume negotiations to this end.
The Argentine Republic reaffirms its sovereign rights over the Malvinas Islands, South Georgia Islands and South Sandwich Islands and the surrounding maritime areas, which are an integral part of its national territory.

Holy See

13-12-2005

In acceding to the Protocol on Explosive Remnants of War (ERW) annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW), adopted on November 28, 2003, at the meeting of the States Parties to the CCW, the Holy See, as it did on June 16, 1997 when it acceded to the Convention and its first four Protocols, "in keeping with its proper nature and with the particular condition of Vatican City State, intends to renew its encouragement to the International Community to continue on the path it has taken for the reduction of human suffering caused by armed conflict".
With the approval of the fifth Protocol, the CCW is confirmed as a "forward-looking living instrument" of international humanitarian law, intended to address the problems arising from modern armed conflicts and to improve its effectiveness for the protection of civilians and combatants in such situations. Although one could have wished for a greater incisiveness in the Protocol in responding to the problems originating from the ERW, the adoption of this instrument represents an important multilateral tool for the control of arms for humanitarian reasons, capable of calling States to responsibility for the ERW and for damages caused by them.
In keeping with its own commitment to encouraging the development and implementation of humanitarian law on the part of all States and in all circumstances, the Holy See is convinced that the Fifth Protocol signifies a concretely promoting the culture of life and of peace, based upon the dignity of the human person and the primacy of the rule of law, through a responsible, honest and consistent cooperation of all the members of the community of nations.

Palestine

18-03-2019

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.191.2018.TREATIES-XXVI.2.d, dated 4 April 2018, conveying a communication of the United States of America regarding the consent to be bound of the State of Palestine to the Protocol on Explosive Remnants of War to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (Protocol V), 28 November 2003.
The Government of the State of Palestine regrets the position of the United States of America and wishes to recall the United Nations General Assembly resolution 67/19 of 29 November 2012 according to which Palestine was accorded a ‘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 Protocol on Explosive Remnants of War to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (Protocol V), 28 November 2003, which entered into force on 29 June 2018 for the State of Palestine, 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 obligations will be equally respected by its fellow States Parties.

United States of America

21-01-2009

It is the understanding of the United States of America that nothing in Protocol V would preclude future arrangements in connection with the settlement of armed conflicts, or assistance connected thereto, to allocate responsibilities under Article 3 in a manner that respects the essential spirit and purpose of Protocol V.

29-03-2018

The United States Mission to the United Nations presents its compliments to the Executive Office of the Secretary-General of the United Nations and refers to the U.N. Secretary-General’s depositary notification C.N.795.2017.TREATIES-XXVI.2.d, dated January 2, 2018, regarding the purported consent by the ‘State of Palestine’ to be bound by the Protocol on Explosive Remnants of War to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (Protocol V), done at Geneva November 28, 2003, for which the Secretary-General of the United Nations is the depositary.
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. Consent to be bound by Protocol V is limited to sovereign States. Therefore, the Government of the United States of America believes that the ‘State of Palestine’ is not qualified to consent to be bound by Protocol V and affirms that it will not consider itself to be in a treaty relationship with the ‘State of Palestine’ under Protocol V.