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Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Andorra | Yes | No |
| Azerbaijan | Yes | Yes |
| Belgium | Yes | No |
| Denmark | Yes | No |
| Hungary | Yes | No |
| Malta | Yes | No |
| Moldova | Yes | No |
| Netherlands, the Kingdom of the | Yes | No |
| Norway | Yes | No |
| Russian Federation | Yes | No |
| Spain | Yes | No |
| Sweden | Yes | No |
| Türkiye | Yes | No |
| Ukraine | Yes | No |
Andorra
06-12-2010
The Principality of Andorra considers that, as long as it will not be a party to the International Convention for the Suppression of Acts of Nuclear Terrorism, adopted in New York, on 13 April 2005, the said Convention shall be deemed not to be included in the Appendix to the Council of Europe Convention on the Prevention of Terrorism in its application to Andorra.
Azerbaijan
04-04-2014
The Republic of Azerbaijan [...] declares that it is unable to guarantee the implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia, until the liberation of those territories from the occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is herewith enclosed).
Objection Armenia, 30-08-2016
The Republic of Armenia states that the Republic of Azerbaijan deliberately misrepresents the essence of the Nagorno-Karabakh issue as regards the causes and consequences of the conflict. The conflict arose due to the policy of ethnic cleansing by the Republic of Azerbaijan aimed at repression of the free will of the Nagorno-Karabakh population, followed by the massive military aggression against the self-determined Nagorno-Karabakh Republic. As a result, the Republic of Azerbaijan has occupied several territories of Nagorno-Karabakh.
Belgium
07-01-2022
Reservation related to Article 20 of the Convention:
1. In exceptional circumstances, Belgium reserves the right to refuse extradition
for any offense referred to in Articles 5 to 7 and 9 of the Convention which it considers
to be a political offense, an offense related to a political offense or an offense
inspired by political motives.
2. In the event of the application of paragraph 1, Belgium recalls that it is bound
by the general principle of aut dedere aut judicare law, having regard to the rules
of jurisdiction of its courts.
Interpretative declaration related to Article 11.1 of the Convention:
The Belgian government interprets Article 11, paragraph 1, as not preventing the imposition
of measures for the protection of young people for the purpose of providing assistance
to minors who have committed acts which correspond to the offenses referred to in
Articles 5 to 7 and 9 of this Convention, and as not affecting the guarantees relating
to specific assistance to minors set out in particular in Articles 37 and 40 of the
Convention on the Rights of the Child, adopted in New York on 20 November 1989.
Denmark
24-04-2007
In accordance with Article 20 (2) of the Convention, the Government of the Kingdom
of Denmark declares that it reserves the right to not apply Article 20 (1) as far
as extradition in respect of the offences referred to in Article 5, including article
5 in relation to Article 9, is concerned.
The Government of the Kingdom of Denmark declares that until further notice the Convention
will not apply to the Faroe Islands and to Greenland.
19-03-2013
In accordance with Article 20, paragraph 2, of the Convention, the Government of the
Kingdom of Denmark declares that it upholds wholly its reservation made at the time
of ratification of the Convention for the period of three years set out in Article
20, paragraph 5, of the Convention.
The Council of Europe Convention on the Prevention of Terrorism was implemented into
Danish law by Act No. 542 of 8 June 2006 to amend the Criminal Code, the Administration
of Justice Act and various other acts (strengthening efforts to combat terrorism,
etc.).
In respect of reservations under Article 20 of the Convention, it appears from paragraph
9.4 of the general notes to the Bill that the Ministry of Justice found it most appropriate
to make use of the right to make a reservation as regards the actions referred to
in Article 5 and Article 9 read with Article 5 of the Convention on public provocation
to commit a terrorist offence. The reason for this is that the subject matter of this
offence is the perpetrator's expressions and that the assessment of them is related
to the scope of the freedom of expression. In this connection, it is not deemed appropriate
to preclude the Danish authorities in advance from regarding a violation of Article
5 or Article 9 read with Article 5 of the Convention as a political offence in specific
situations.
Based on this, the Government of the Kingdom of Denmark introduced the current section
5(4) of the Extradition Act, according to which extradition for an act covered by
Article 5 or Article 9 read with Article 5 of the Council of Europe Convention on
the Prevention of Terrorism may be refused in special situations, if the assessment
is that the offence concerned was political. This provision means that the Danish
authorities will not be precluded, based on a specific assessment, from regarding
a violation of Article 5 or Article 9 read with Article 5 of the Convention as a political
offence, as well as, in such situations, the Danish authorities will not be precluded
from refusing extradition for this reason alone.
On this background, and in accordance with Article 20 (5) and (6), the Government
of the Kingdom of Denmark notified the Secretary General of the Council of Europe
that it is upholding its reservation made in accordance with Article 20 (2).
This reservation has been renewed by Denmark for a period of three years as from 1
August 2022.
Hungary
21-03-2011
In the context of public provocation to commit a terrorist offence under Article 5, paragraph 1, of the Convention, the Republic of Hungary interprets "danger" as "clear and present danger".
Malta
08-07-2015
Declaration in respect of Article 3.4: Malta is in the view that public awareness campaigns mentioned in this article should be left at the discretion of the signatory State in the interest of the general public in order to prevent any unnecessary alarm.
Moldova
13-05-2008
In accordance with Article 14, paragraph 2, of the Convention, the Republic of Moldova
declares that the offences specified in Articles 5-7 and 9 of the Convention are going
to be under its own jurisdiction in cases mentioned in Article 14, paragraph 2, of
the Convention.
In accordance with Article 25 of the Convention, the Republic of Moldova declares
that, until the full re-establishment of its territorial integrity, the provisions
of the Convention will be applied only on the territory controlled effectively by
the authorities of the Republic of Moldova.
Netherlands, the Kingdom of the
22-07-2010
With due regard to Article 20, paragraph 2, of the Convention, the Kingdom of the
Netherlands reserves the right to refuse to extradite an alleged offender for any
of the offences referred to in Articles 5 to 7 and 9 of the Convention that are regarded
as political offences or as offences connected with a political offence, where such
offences do not relate to the offences described in the Conventions referred to under
points 9 and 10 of the Appendix to the Convention.
This reservation has been renewed by the Kingdom of the Netherlands, in respect of
the European part of the Netherlands, for a period of three years as from 1 November
2022 till 1 November 2025.
23-01-2015
The Kingdom of the Netherlands accepts the Convention for Aruba.
With due regard to Article 20, paragraph 2, of the Convention, the Kingdom of the
Netherlands reserves the right to refuse to extradite an alleged offender for any
of the offences referred to in Articles 5 to 7 and 9 of the Convention that are regarded
as political offences or as offences connected with a political offence, where such
offences do not relate to the offences described in the Conventions referred to under
points 9 and 10 of the Appendix to the Convention.
This reservation has been renewed by the Kingdom of the Netherlands, in respect of
Aruba, for a period of three years as from 1 May 2024 till 1 May 2027.
28-06-2019
The Kingdom of the Netherlands accepts the Convention for the Caribbean part of the
Netherlands (the islands of Bonaire, Saint Eustatius and Saba).
With due regard to Article 20, paragraph 2, of the Convention, the Kingdom of the
Netherlands reserves the right to refuse to extradite an alleged offender for any
of the offences referred to in Articles 5 to 7 and 9 of the Convention that are regarded
as political offences or as offences connected with a political offence, where such
offences do not relate to the offences described in the Conventions referred to under
points 9 and 10 of the Appendix to the Convention.
This reservation has been renewed by the Kingdom of the Netherlands, in respect of
the Caribbean part of the Netherlands, for a period of three years as from 1 October
2022 till 1 October 2025.
08-11-2023
With due regard to Article 20, paragraph 2, of the Council of Europe Convention on the Prevention of Terrorism, Curaçao reserves the right to refuse to extradite an alleged offender for any of the offences referred to in Articles 5 to 7 and 9 of the Convention that are regarded as political offences or as offences connected with a political offence, where such offences do not relate to the offences described in the Conventions referred to under points 9 and 10 of the Appendix to the Convention.
Norway
01-02-2010
In accordance with Article 1, paragraph 2, of the Convention, the Kingdom of Norway declares that, in the application of this Convention to Norway, the International Convention for the Suppression of Acts of Nuclear Terrorism, adopted in New York on 13 April 2005, shall be deemed not to be included in the Appendix.
Russian Federation
19-05-2006
The Russian Federation declares that it shall have jurisdiction over the offences
established in accordance with Articles 5 to 7 and 9 of the Convention in the cases
envisaged in Article 14, paragraphs 1 and 2, of the Convention.
The Russian Federation assumes that the provisions of Article 21 of the Convention
shall be applied in such a way as to ensure inevitable liability for the commission
of offences falling within the purview of the Convention, without prejudice to the
effectiveness of international co-operation in extradition and legal assistance matters.
Spain
27-02-2009
If the Council of Europe Convention on the Prevention of Terrorism were to be extended
by the United Kingdom to Gibraltar, Spain would like to make the following declaration:
1. Gibraltar is a non-autonomous territory whose international relations come under
the responsibility of the United Kingdom and which is subject to a decolonisation
process in accordance with the relevant decisions and resolutions of the General Assembly
of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal
competences which have their origin and their foundation in a distribution and attribution
of competences performed by the United Kingdom in compliance with its internal legislation,
in its capacity as sovereign State on which the mentioned non-autonomous territory
depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the
application of this Convention will be understood as carried out exclusively as part
of the internal competences of Gibraltar and cannot be considered to modify in any
way what was established in the two previous paragraphs.
Sweden
30-08-2010
Sweden reserves the right to, in relation to other States than the Member States of
the European Union and Norway and Iceland, as a ground to refuse a request for extradition,
invoke that the offence referred to in the request concerns a political offence, an
offence connected with a political offence or an offence inspired by political motives
(Article 20, paragraphs 1 and 2).
This reservation is repeatedly renewed by Sweden for a period of three years, the
latest as from 1 December 2022.
Türkiye
23-03-2012
The Republic of Turkey declares that Article 19 of the Convention should not be interpreted
in such a way that offenders of these crimes referred to in the Convention are neither
tried nor prosecuted.
The Republic of Turkey declares its understanding that the term "international humanitarian
law" in Article 26 of the Convention refers to international legal instruments to
which Turkey is already Party to.
The Republic of Turkey declares that the application of the first part of paragraph
5 of Article 26 of the Convention does not necessarily indicate the existence of an
armed conflict and the term "armed conflict" describes a situation different from
the commitment of acts, whether organised or not, that constitute the crime of terrorism
within the scope of criminal law, and the first part of paragraph 5 of Article 26
should not be interpreted as giving a different status to the armed forces and groups
other than the armed forces of a State as currently understood and applied in international
law and thereby as creating new obligations for Turkey.
The Republic of Turkey further declares that the application or interpretation of
paragraph 4 of Article 26 should be in accordance with obligations of States under
international refugee law which include, inter alia, the responsibility to ensure
that the institution of asylum is not abused by persons who are responsible for terrorist
offences stated in this Convention.
The Republic of Turkey declares its understanding that the term "settlement of the
dispute" referred to in Article 29 of the Convention shall be interpreted in such
a way that the procedure for the settlement of the dispute should only be agreed upon
by the parties to the dispute.
Ukraine
21-12-2006
In accordance with Article 18, paragraph 2, of the Convention, Ukraine declares that
it shall not extradite citizens of Ukraine to another State. For the purpose of this
Convention any person shall be considered as a citizen of Ukraine who in accordance
with the Ukrainian laws is a citizen of Ukraine at the moment of decision making about
his/her extradition.
In accordance with Article 19, paragraph 2, of the Convention, Ukraine declares that
in case of receiving of a request about extradition of a transgressor from a Party
to this Convention with which the extradition treaty is not available, it shall consider
this Convention as a legal basis for extradition of the offenders concerning the offences
set forth in Articles 5-7 and 9 of this Convention.
In accordance with Article 22, paragraph 4, of the Convention, Ukraine reserves the
right not to be bound by the conditions established in accordance with paragraph 2
of this Article by the Party which gives the information, unless it shall receive
in advance the notification about the nature of the information given and give its
consent to the transfer of the information.
16-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above Conventions, Protocols, Agreement, as applied to the aforementioned
occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the Conventions, Protocols, Agreement regarding the possibility
of direct communication or interaction do not apply to the territorial organs of Ukraine
in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain
districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not
under control of Ukraine. The order of the relevant communication is determined by
the central authorities of Ukraine in Kyiv.
19-04-2022
The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine.
07-12-2023
[…]
Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council
of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale
invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further
clarif[ies] that international treaties mentioned therein are implemented on the territory
of Ukraine in full, with the exception of the territories where hostilities are (were)
conducted, or temporarily occupied by the Russian Federation, on which it is impossible
to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the
relevant treaties as a result of the armed aggression of the Russian Federation against
Ukraine, as well as the introduction of martial law on the territory of Ukraine until
the complete cessation of encroachment on the sovereignty, territorial integrity and
inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is located at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text