Verdrag van Genève betreffende de behandeling van krijgsgevangenen

Partijen met voorbehouden, verklaringen en bezwaren

Partij	Voorbehoud / verklaring	Bezwaren
Albanië	Ja	Nee
Angola	Ja	Ja
Australië	Ja	Nee
Bangladesh	Ja	Nee
Barbados	Ja	Nee
Canada	Ja	Nee
China	Ja	Nee
Guinee-Bissau	Ja	Ja
Iran	Ja	Nee
Israël	Ja	Nee
Jemen	Ja	Ja
Koeweit	Ja	Ja
Nieuw-Zeeland	Ja	Nee
Noord-Korea	Ja	Nee
Noord-Macedonië	Ja	Nee
Palestina	Ja	Nee
Portugal	Ja	Nee
Russische Federatie	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 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.

Angola

20-09-1984

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.

Bezwaar Verenigd Koninkrijk, 28-03-1985

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.

Australië

14-10-1958

[...] the Government 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 Convention Relative to the Treatment of Prisoners of War and [...] 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 relate.

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 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 [...]. 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 by the Government of the People's Republic.

Canada

16-05-2014

The Embassy of Canada […] has the honour to refer to the […] Swiss Federal Council's communication of 10 April 2014 […] relating to the Conventions and Protocol I. The Embassy of Canada notes that this communication was made pursuant to the Swiss Federal Council's capacity as depositary for the Geneva Conventions and Protocol I. The Embassy of Canada notes the technical and administrative role of the depositary, and that it is for states party 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 Embassy 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 Embassy of Canada wishes to note its position that, in the context of the purported Palestinian accession to the Conventions and Protocol I, 'Palestine' is not able to accede to the Conventions and Protocol I and that the Conventions and Protocol I do not enter into force or have an effect on Canada's treaty relations, with respect to the 'State of Palestine'.

China

28-12-1956

Regarding Article 10 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.

Guinee-Bissau

21-02-1974

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.

Bezwaar Duitsland, 03-03-1975

The reservations formulated by the Republic of Guinea-Bissau concerning [...] 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.

Bezwaar Verenigde Staten van Amerika, 04-03-1975

The reservations are similar to 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.

Bezwaar Verenigd Koninkrijk, 19-11-1975

[...] 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.
[...].
In relation to the reservation made by [...] and the Republic of Guinea-Bissau to Article 4 of the Convention relative to the Treatment of Prisoners of War [...], the Government of the United Kingdom wish to state that they are likewise unable to accept those reservations.

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

16-05-2014

The Embassy of Israel […] refers to the communication […] dated 10 April 2014, regarding the Palestinian request to accede to the [four Geneva Conventions of 12 August 1949 for the Protection of War Victims]. 'Palestine' does not satisfy the criteria for statehood under international law and lacks the legal capacity to join the aforesaid conventions both under general international law and the terms of bilateral Israeli-Palestinian agreements. The Government of Israel does not recognize 'Palestine' as a State, and wishes to place on record, for the sake of clarity, its position that it does not consider 'Palestine' a party to the Conventions and regards the Palestinian request for accession as being without legal validity and without effect upon Israel's treaty relations under the Conventions.

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 these 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.

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

01-01-1956

The Government of New Zealand notes that Albania, Byelorussia, Bulgaria, Czechoslovakia, Hungary, Poland, Romania, Ukraine, and Soviet Union have made reservations with respect to Article 85 of the Convention Relative to the Treatment of Prisoners of War and that Albania, Byelorussia, Bulgaria, Czechoslovakia, Hungary, Poland, Romania, Ukraine, Soviet Union and Yugoslavia have also made reservations in respect to Article 12 of the Convention Relative to the Treatment of Prisoners of War and to [...] .
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

Article 10:
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.
Article 12:
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.
Article 85:
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.

Noord-Macedonië

18-10-1996

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

Palestina

18-06-2014

The Government of the State of Palestine regrets the position of the United States of America 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 four Geneva Conventions of 12 August 1949 for the Protection of War Victims and their Additional Protocol I of 8 June 1977, which entered into force on 2 April 2014, 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 obligation will be equally respected by its fellow States Parties.
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 four Geneva Conventions of 12 August 1949 for the Protection of War Victims and their Additional Protocol I of 8 June 1977, which entered into force on 2 April 2014, 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 obligation will be equally respected by its fellow States Parties.
The Government of the State of Palestine regrets the position of Israel, the occupying power, 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 four Geneva Conventions of 12 August 1949 for the Protection of War Victims and their Additional Protocol I of 8 June 1977, which entered into force on 2 April 2014, 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 obligation will be equally respected by its fellow States Parties.

Portugal

14-03-1961

The Portuguese Government only accepts article 10 of Conventions I, II and III […] 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

12-12-1949

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.

Uruguay

05-03-1969

With express reservations in respect of Articles 87, 100 and 101 of Geneva Convention III, and [...] 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 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 [...] 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

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.

16-05-2014

The Embassy of the United States of America […] refers to the Federal Department's notification […] dated April 10, 2014 […] regarding the purported accession of the 'State of Palestine' to the following multilateral treaties for which the Swiss Federal Council is depositary:
Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field of August 12, 1949;
Geneva Convention for the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea of August 12, 1949;
Geneva Convention relative to the treatment of prisoners of war of August 12, 1949;
Geneva Convention relative to the protection of civilian persons in time of war of August 12, 1949.
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. Accession to the said treaties is limited to sovereign States. Therefore, the Government of the United States of America believes that the 'State of Palestine' is not qualified to accede to the said treaties and affirms that it will not consider itself to be in a treaty relationship with the 'State of Palestine' under the said treaties.

Vietnam

28-06-1957

Article 4:
[..] 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 [..] Vietnam, unless the State of which the wounded and sick in armed forces in the field are nationals has approved the request.
Article 12:
[..] 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:
[..] 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.

Bezwaar Verenigd Koninkrijk, 19-11-1975

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 [...], 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 [...], 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.
[...]
In relation to the reservation made by the Provisional Revolutionary Government of the Republic of South Vietnam and [...] to Article 4 of the Convention relative to the Treatment of Prisoners of War and [...], the Government of the United Kingdom wish to state that they are likewise unable to accept those reservations.

Zuid-Korea

16-08-1966

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.
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.