Verdrag van Genève betreffende de bescherming van burgers in oorlogstijd

Partijen met voorbehouden, verklaringen en bezwaren

Partij	Voorbehoud / verklaring	Bezwaren
Albanië	Ja	Nee
Australië	Ja	Nee
Bangladesh	Ja	Nee
Barbados	Ja	Nee
China	Ja	Nee
Guinee-Bissau	Ja	Ja
Iran	Ja	Nee
Israël	Ja	Nee
Jemen	Ja	Ja
Kazachstan	Ja	Nee
Koeweit	Ja	Ja
Nieuw-Zeeland	Ja	Nee
Noord-Korea	Ja	Nee
Noord-Macedonië	Ja	Nee
Pakistan	Ja	Nee
Portugal	Ja	Nee
Russische Federatie	Ja	Nee
Suriname	Ja	Nee
Uruguay	Ja	Nee
Verenigd Koninkrijk	Ja	Nee
Verenigde Staten van Amerika	Ja	Nee
Vietnam	Ja	Ja
Zuid-Korea	Ja	Nee

Albanië

27-05-1957

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.

Australië

14-10-1958

[...] the Government of Australia to refer to the reservations made to [...] 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 [...] and to Article 45 of the Geneva 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.
The Government of Australia states 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.

Bangladesh

20-12-1988

[...] 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.

Barbados

10-09-1968

The Government of Barbados notes that [...] Yugoslavia has made reservations with respect to [...] 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 above mentioned 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.

China

28-12-1956

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

14-04-1999

The Government of the People's Republic of China hereby confirms that the four Geneva Conventions of 1949 and the 1977 Additional Protocols I and II apply to the Hong Kong Specials Administrative Region of the People's Republic of China (HKSAR) with effect from 1 July 1997, as they apply to the whole territory of the People's Republic of China.

31-05-2000

[...] the Conventions and Protocols are applicable to the Special Administrative Region of Macao from 20 December 1999.

Guinee-Bissau

21-02-1974

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.

Bezwaar Verenigd Koninkrijk, 19-11-1975

In relation with the reservations [...] 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 [..] 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.
[....]

Iran

04-09-1980

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.

Israël

02-01-1968

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

Jemen

25-05-1977

The Government of the People's Democratic Republic of Yemen declares that the accession of the People's Democratic Republic of Yemen to this Conventions by no means implies recognition of Israel.

Bezwaar Israël, 10-02-1978

The Government of Israel takes note that by declarations […] 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.

Kazachstan

17-11-2003

The Kazakh Society of Red Crescent and Red Cross was transformed into present Red Crescent Society of the Republic of Kazakhstan on 29 March 2002 during its XVI Congress. Hence the joint emblem of the society (red cross and red crescent) was changed to the emblem of Red Crescent.

Koeweit

02-09-1967

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

Bezwaar Israël, 22-01-1968

Israel has taken note of the political character of the declaration made by Kuwait [ ]. In the view of the Government of Israel, this declaration is inadmissible and the Government of Israel formally expresses its objections to this declaration and as far as its relations with Kuwait are concerned, it reserves the right to act on the basis of strict reciprocity with regard to issues that are subject to these Conventions.

Nieuw-Zeeland

02-05-1959

The Government of New Zealand notes that [...] Albania, Byelorussia, Bulgaria, Czechoslovakia, Hungary, Poland, Romania, Ukraine, Soviet Union and Yugoslavia have also made reservations in respect to [...] and to Article 45 of the Convention Relative to the Treatment of Civilian Persons in Time of War
The Government of New Zealand states 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

Noord-Korea

27-08-1957

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.

Noord-Macedonië

18-10-1996

[...] decided on to adhere to the reservations made by the Former Republic of Yugoslavia, 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.

Pakistan

12-06-1951

Article 44:
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.
Article 68, paragraphe 2:
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.

Portugal

14-03-1961

The Portuguese Government only accepts […] 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).

22-11-1999

[...] the Portuguese Republic will cease to assume the rights and obligations arising from the Conventions and Protocols for Macao on 20 December 1999.

Russische Federatie

10-05-1954

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.

Suriname

30-09-1976

Surinam confirmed the continuation of the reservation, also made on behalf of Suriname, made on 13-10-1969 by the Kingdom of the Netherlands:
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.

Uruguay

05-03-1969

(...) With express reservations in respect of [...], and of Article 68 of Geneva Convention IV, in so far as they involve the imposition and execution of the death penalty.

Verenigd Koninkrijk

23-09-1957

[...] Government in the United Kingdom to refer to the reservations made on [...] 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 [...] 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.
[...] 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.

13-06-1997

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.

Verenigde Staten van Amerika

02-08-1955

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
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.

Vietnam

28-06-1957

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.

Bezwaar Verenigd Koninkrijk, 19-11-1975

In relation with the reservations made by the Provisional Revolutionary Government of the Republic of South Vietnam to [..] and Article 45 of the Convention relative to the Protection of Civilian Persons in Time of War [...], 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 [...], 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.
[...]

Zuid-Korea

16-08-1966

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.