Protocol inzake het verbod of de beperking van het gebruik van mijnen, valstrikmijnen en andere mechanismen (Protocol II)

Partijen met voorbehouden, verklaringen en bezwaren

Partij	Voorbehoud / verklaring	Bezwaren
Canada	Ja	Nee
Israël	Ja	Nee
Verenigde Staten van Amerika	Ja	Nee

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 Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (with Protocols I, II and III) and the Secretary-General's communication of 6 January 2015, C.N.17.2015.TREATIES-XXVI.2, 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 Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (with Protocols I, II and III). 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 Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (with Protocols I, II and III), 'Palestine' is not able to accede to this convention, and that the Convention on the Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have 1 Refer to depositary notification C.N.17.2015.TREATIES-XXVI.2 of 6 January 2015 (Accession: State of Palestine). Indiscriminate Effects (with Protocols I, II and III) does not enter into force, or have an effect on Canada's treaty relations, with respect to the 'State of Palestine'.

Israël

16-01-2015

The Permanent Mission of Israel to the United Nations presents its compliments to the Secretary-General of the United Nations, in his capacity as depositary 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 (with Protocols I, II and III), and refers to the communication by the depositary, dated 6 January 2015, regarding the Palestinian request to accede to this Convention (Reference number C.N.17.2015.TREATIES-XXVI.2).
'Palestine' does not satisfy the criteria for statehood under international law and lacks the legal capacity to join the aforesaid convention 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 Convention and regards the Palestinian request for accession as being without legal validity and without effect upon Israel's treaty relations under the Convention.

Verenigde Staten van Amerika

16-01-2015

The United States Mission to the United Nations presents its compliments to the United Nations and refers to the U.N. Secretary-General's depositary notification C.N.17.2015.TREATIESXXVI.2, dated January 6, 2015, regarding the purported accession of the 'State of Palestine' 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, done at Geneva October 10, 1980 (the Convention), and to Protocols I and III thereto.
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 Convention, and Protocols I and III thereto, 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 Convention and the said Protocols, and affirms that it will not consider itself to be in a treaty relationship with the 'State of Palestine' under the Convention and the said Protocols.