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Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| België | Ja | Nee |
| Canada | Ja | Nee |
| China | Ja | Nee |
| Costa Rica | Ja | Nee |
| Duitsland | Ja | Nee |
| El Salvador | Ja | Nee |
| Estland | Ja | Nee |
| Koeweit | Ja | Nee |
| Laos | Ja | Nee |
| Nederlanden, het Koninkrijk der | Ja | Nee |
| Nepal | Ja | Nee |
| Noord-Korea | Ja | Nee |
| Palestina | Ja | Nee |
| Saudi-Arabië | Ja | Nee |
| Slowakije | Ja | Nee |
| Tunesië | Ja | Nee |
| Turkije | Ja | Ja |
België
19-02-2002
The Belgian Government declares the following: article 9, paragraph 1 (c), only covers cases where the threat is credible.
Canada
16-01-2015
The Permanent Mission of Canada to the United Nations presents its compliments to
the Secretary-General of the United Nations and has the honour to refer to the Convention
on the Safety of United Nations and Associated Personnel and the Secretary-General's
communication of 6 January 2015, C.N.9.2015.TREATIES-XVIII.8, relating to that treaty.
The Permanent Mission of Canada notes that this communication was made pursuant to
the Secretary-General's capacity as Depositary for the Convention on the Safety of
United Nations and Associated Personnel. The Permanent Mission of Canada notes the
technical and administrative role of the Depositary, and that it is for States Parties
to a treaty, not the Depositary, to make their own determination with respect to any
legal issues raised by instruments circulated by a depositary.
In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet
the criteria of a state under international law and is not recognized by Canada as
a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes
to note its position that in the context of the purported Palestinian accession to
the Convention on the Safety of United Nations and Associated Personnel, 'Palestine'
is not able to accede to this convention, and that the Convention on the Safety of
United Nations and Associated Personnel does not enter into force, or have an effect
on Canada's treaty relations, with respect to the 'State of Palestine'.
China
22-09-2004
The People's Republic of China makes a reservation with regard to Article 22, paragraph
1 of the Convention on the Safety of United Nations and Associated Personnel and is
not bound by the provisions of Article 22, paragraph 1.
27-07-2007
Pursuant to article 10, paragraph 2 of the Convention, the Hong Kong Special Administrative Region of the People's Republic of China has established its jurisdiction referred to in article 10, paragraph 2 (a) of the Convention over the crimes set out in article 9 of the Convention.
Costa Rica
17-10-2000
The Government of the Republic enters a reservation to article 2, paragraph 2, of the Convention, to the effect that limiting the scope of application of the Convention is contrary to the pacifist thinking of our country and, accordingly, that, in the event of conflicts with the application of the Convention, Costa Rica will, where necessary, give precedence to humanitarian law.
Duitsland
22-04-1997
In accordance with German law, the authorities of the Federal Republic of Germany will communicate information on alleged offenders, victims and circumstances of the crime (personal data) directly to the states concerned and, in parallel with this, will inform the Secretary-General of the United Nations that such information has been communicated.
El Salvador
25-06-2013
With respect to the provisions of article 15 of the Convention, the Republic of El
Salvador does not regard the above-mentioned Convention as the legal basis for cooperation
in connection with extradition.
With respect to article 22 of the Convention, the Government of the Republic of El
Salvador, does not consider itself bound with the provisions of paragraph 1 of this
article, since it doesn't recognize the compulsory jurisdiction of the International
Court of Justice.
Estland
08-03-2006
In accordance with paragraph 2 of Article 10 of the Convention the Republic of Estonia
establishes her jurisdiction over any such crime when it is committed with respect
to a national of
Estonia.
Koeweit
19-07-2004
.. with a reservation in respect of article 22 (1), in accordance with article 22 (2) of the Convention.
Laos
22-08-2002
In accordance with paragraph 2, Article 22 of the Convention on the Safety of United Nations and Associated Personnel, the Lao People's Democratic Republic does not consider itself bound by paragraph 1, article 22 of the present Convention. The Lao People's Democratic Republic declares that to refer dispute relating to interpretation and application of the present Convention to arbitration or International Court of Justice, the agreement of all parties concerned in the dispute is necessary.
Nederlanden, het Koninkrijk der
07-02-2002
The Kingdom of the Netherlands understands Article 14 of the Convention on the Safety of United Nations and Associated Personnel states that the competent national authorities must decide on a case submitted to them in accordance with national law and in the same manner as they would decide on ordinary offences of a grave nature. Consequently, the Kingdom of the Netherlands understands this provision to include the right of its competent judicial authorities to decide not to prosecute a person alleged to have committed a crime as referred to in Article 9, paragraph 1, if, in the opinion of the competent judicial authorities, grave considerations of procedural law indicate that effective prosecution would be impossible.
Nepal
08-09-2000
[The Government of Nepal] avails itself of the provisions of article 22, paragraph 2, and declares that it does not consider itself bound by the provisions of paragraph 1 of the said article under which any dispute between two or more States Parties concerning the interpretation or application of this Convention shall at the request of one of them, be submitted to arbitration or referred to the International Court of Justice, and states that in each individual case, prior consent of all parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice.
Noord-Korea
08-10-2003
The Government of the Democratic People's Republic of Korea does not consider itself bound by all of paragraph 1 of Article 22 of the Convention on the Safety of United Nations and Associated Personnel.
Palestina
06-02-2015
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.54.2015.TREATIES-XVIII.8,
dated 23 January 2015, conveying a communication of Canada regarding the accession
of the State of Palestine to the Convention on the Safety of United Nations and Associated
Personnel, dated 9 December 1994.
The Government of the State of Palestine regrets the position of Canada and wishes
to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according
Palestine ‘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 Convention on the Safety of United Nations and Associated
Personnel, which entered into force on 1 February 2015, 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.
Saudi-Arabië
22-03-2010
... the Government of the Kingdom of Saudi Arabia does not consider itself obligated to paragraph 1 of Article 22.
Slowakije
26-06-1996
If a dispute concerning the interpretation or application of the Convention is not settled by negotiation, the Slovak Republic prefers its submission to the International Court of Justice in accordance with article 22, paragraph 1 of the Convention. Therefore a dispute, to which the Slovak Republic might be a Party can be submitted to arbitration only with the explicit consent of the Slovak Republic.
Tunesië
12-09-2000
The Tunisian Republic declares that it does not consider itself bound by the provisions of article 22, paragraph 1, of the Convention and that disputes concerning the interpretation or application of the Convention may be submitted to arbitration or to the International Court of Justice only with the prior consent of all the parties concerned.
Turkije
09-08-2004
I. The Republic of Turkey declares that it will implement the provisions of the Convention
only to the State Parties with which it has diplomatic relations.
II. The Republic of Turkey declares that this Convention is ratified exclusively with
regard to the national territory where the Constitution and legal and administrative
order of the Republic of Turkey are applied.
III. The Republic of Turkey declares that, in accordance with article 22, paragraph
2 of the Convention, Turkey does not consider itself bound by article 22, paragraph
1 of this Convention. The explicit consent of the Republic of Turkey is necessary
in each individual case before any dispute to which the Republic of Turkey is party
concerning the interpretation or application of this Convention may be referred to
the International Court of Justice.
In connection with Article 20, paragraph 1 of the Convention, concerning the applicability
of international humanitarian law, the Republic of Turkey is not a party to the Protocols
I and II, dated 8 June 1977, Additional to the Geneva Conventions of 12 August 1949,
and therefore will not be bound by the provisions of the said Protocols.
Bezwaar Cyprus, 07-12-2004
The Government of the Republic of Cyprus has examined the declarations made by the
Republic of Turkey upon ratification of the Convention on the Safety of the United
Nations and Associated Personnel.
The Republic of Turkey declares that it will implement the provisions of the Convention
only to the States with which it has diplomatic relations.
In view of the Government of the Republic of Cyprus this declaration in fact amounts
to a reservation. The reservation makes it unclear to what extent the Republic of
Turkey considers itself bound by the obligations arising from the Convention. In the
absence of further clarification, this reservation creates uncertainty as to the States
Parties in respect of which Turkey is undertaking the obligations in the Convention,
and raises doubt as to the commitment of the Republic of Turkey to the object and
purpose of the Convention.
The Republic of Turkey furthermore declares that the Convention is ratified exclusively
with regard to the national territory where the Constitution and the legal and administrative
order of the Republic of Turkey are applied.
In the view of the Republic of Cyprus, this declaration in fact amounts to a reservation.
This reservation is contrary to the letter and the spirit of Article 10 of the Convention.
It should be recalled that the duty to establish jurisdiction over the crimes set
out in the Convention is mandatory upon States Parties when the crime is committed
in the territory of that State or on board a ship or aircraft registered in that State
and when the alleged offender is a national of that State. A limitation to the national
territory is contrary to the obligations of States Parties in this regard and therefore
incompatible with the object and purpose of the Convention.
The Republic of Turkey also makes a reservation that in connection with Article 20,
paragraph 1 of the Convention, concerning the applicability of international humanitarian
law, the Republic of Turkey is not a party to the Protocols I and II, dated 8 June
1977, Additional to the Geneva Convention of 12 August 1949, and therefore will not
be bound by the provisions of the said Protocols.
The Republic of Cyprus considers this reservation to be contrary to the letter and
spirit of Article 20 (1) of the Convention, which states that nothing shall affect
the applicability of international humanitarian law as contained in international
instruments in relation to the protection of United Nations operations and United
Nations and Associated Personnel. Accordingly, this reservation is prohibited by the
Convention.
For these reasons, the Government of the Republic of Cyprus objects to the aforesaid
reservations made by the Republic of Turkey to the Convention on the Safety of the
United Nations and Associated Personnel.
This objection shall not preclude the entry into force of the Convention between the
Republic of Cyprus and the Republic of Turkey. The Convention, therefore, enters into
force between the two States without the Republic of Turkey benefiting from these
reservations.
Bezwaar Griekenland, 21-07-2005
The Government of the Hellenic Republic has examined the declarations made by the
Republic of Turkey upon ratification of the 1994 Convention on the Safety of United
Nations and Associated Personnel.
In the view of the Government of the Hellenic Republic, paragraph 1 of these declarations
amounts to a reservation which raises concerns as to the commitment of Turkey to implement
core provisions of the Convention and in particular those pertaining to the prevention
and suppression of crimes against United Nations and Associated Personnel. The reservation
may also lead to a discriminatory application of the Convention.
In connection with paragraph II of the declarations, the Government of the Hellenic
Republic is of the view that it also amounts to a reservation as it raises the same
concerns as above. Furthermore, it raises doubts as to whether Turkey fully undertakes
the obligations incumbent upon it by virtue of Article 10 of the Convention. The Government
of the Hellenic Republic, therefore, considers that the above reservations are incompatible
with the object and purpose of the Convention.
Regarding the reservation made by the Republic of Turkey in connection with Article
20 par. 1 of the Convention, the Government of the Hellenic Republic considers that,
in so far as the instruments referred to in the reservation are reflective of customary
international law, they are universally binding and cannot be exempted from by a reservation.
For these reasons, the Government of the Hellenic Republic objects to the above reservations
made by the Republic of Turkey to the Convention on the Safety of United Nations and
Associated Personnel. This objection shall not preclude the entry into force of the
Convention between the Hellenic Republic and the Republic of Turkey. The Convention,
therefore, enters into force between the two States without taking into account the
abovementioned reservations.
Bezwaar Verenigd Koninkrijk, 16-08-2005
The Government of the United Kingdom of Great Britain and Northern Ireland has examined
the declaration made by the Republic of Turkey upon ratification of the 1994 Convention
on the Safety of United Nations and Associated Personnel.
The Government of the United Kingdom of Great Britain and Northern Ireland is concerned
that paragraph 1 of the declaration may amount to a reservation of indeterminate scope.
Diplomatic relations between Turkey and other States are capable of being established
and terminated at will, and without the other State Parties to the Convention knowing
of their status. It would offend the legal certainty of treaty relations to attempt
to make these contingent upon the existence of diplomatic relations.
As regards paragraph II of the declaration, the Government of the United Kingdom of
Great Britain and Northern Ireland is of the view that it raises doubts as to whether
Turkey fully undertakes the obligations incumbent upon it by virtue of Article 10
of the Convention. As well as providing that a State Party shall establish its jurisdiction
over crimes committed within its national territory, or on board a ship or aircraft
registered in that State, Article 10 also provides that a State shall take measures
to assume jurisdiction where the alleged offender is a national of that State. Paragraph
II, in attempting to ratify the Convention solely with regard to the national territory
of Turkey, appears to be contrary to Article 10 (1) (b).
The Government of the United Kingdom of Great Britain and Northern Ireland, therefore,
considers that the above paragraphs of the declaration constitute reservations which
are incompatible with the object and purpose of the Convention.
Regarding the reservation made by the Republic of Turkey in connection with Article
20 (1) of the Convention, the Government of the United Kingdom of Great Britain and
Northern Ireland considers that, in so far as the instruments referred to in the reservation
are reflective of customary international law, they are universally binding and cannot
be derogated from.
For these reasons, the Government of the United Kingdom of Great Britain and Northern
Ireland objects to the above reservations made by the Republic of Turkey to the Convention
on the Safety of United Nations and Associated Personnel.
This objection shall not preclude the entry into force of the Convention between the
United Kingdom of Great Britain and Northern Ireland and the Republic of Turkey. The
Convention, therefore, enters into force between the two States without taking into
account the above-mentioned reservations.
Bezwaar Portugal, 15-12-2005
The Government of the Portuguese Republic has carefully examined the declarations
and reservations made by the Republic of Turkey upon the ratification of the Convention
on the Safety of United Nations and Associated Personnel.
The Government of Portugal considers that paragraph I of the declarations amounts
to a reservation which raises concerns as to the commitment of Turkey to implement
core provisions of the Convention and in particular those concerning the prevention
and suppression of crimes against United Nations and Associated personnel. This reservation
may also lead to a discriminatory application of the Convention.
Portugal considers that paragraph II of the declaration also amounts to a reservation
which is contrary to the object and purpose of the Convention, namely to its Article
10 which requires that each State party shall take such measures as may be necessary
to establish its jurisdiction over the crimes against Untied Nations and Associate
personnel in the case of crimes committed in the territory of that State.
With regard to the reservation made by Turkey in connection with article 20, paragraph
1 of the Convention, Portugal considers that in so far as the instruments referred
to in a reservation are reflective of customary international law, they are universally
binding and cannot be exempted from by a reservation.
The Government of the Portugese Republic, therefore objects to the above reservations
made by the Republic of Turkey to the Convention on the Safety of Untied Nations and
Associate Personnel.
This objection shall not preclude the entry into force o the Convention between Portugal
and Turkey.