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Download XMLAanvullend Protocol bij het Verdrag inzake de bestrijding van strafbare feiten verbonden met elektronische netwerken, betreffende de strafbaarstelling van handelingen van racistische en xenofobische aard verricht via computersystemen
Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| Denemarken | Ja | Nee |
| Finland | Ja | Nee |
| Frankrijk | Ja | Nee |
| Griekenland | Ja | Nee |
| IJsland | Ja | Nee |
| Kroatië | Ja | Nee |
| Litouwen | Ja | Nee |
| Monaco | Ja | Nee |
| Montenegro | Ja | Nee |
| Nederlanden, het Koninkrijk der | Ja | Nee |
| Noorwegen | Ja | Nee |
| Oekraïne | Ja | Nee |
| Polen | Ja | Nee |
| Roemenië | Ja | Nee |
| Spanje | Ja | Nee |
| Zweden | Ja | Nee |
Denemarken
21-06-2005
In accordance with Article 3, paragraphs 2 and 3, of the Protocol, the Government
of the Kingdom of Denmark declares that Denmark reserves the right to fully or to
partially refrain from criminalising acts covered by Article 3, paragraph 1.
In accordance with Article 5, paragraph 2, letter b, of the Protocol, the Government
of the Kingdom of Denmark declares that Denmark reserves the right to fully or to
partially refrain from criminalising acts covered by Article 5, paragraph 1.
In accordance with Article 6, paragraph 2, letter b, of the Protocol, the Government
of the Kingdom of Denmark declares that Denmark reserves the right to fully or to
partially refrain from criminalising acts covered by Article 6, paragraph 1.
Pursuant to Article 14 of the Protocol, Denmark declares, until further notice, the
Protocol will not apply to the Feroe Islands and Greenland.
Finland
20-05-2011
In accordance with Article 3, paragraph 3, of the Protocol, the Republic of Finland
reserves the right not to apply Article 3, paragraph 1, to those cases of discrimination
for which, due to established principles in its national legal system concerning freedom
of expression, it cannot provide for effective remedies as referred to in Article
3, paragraph 2.
In accordance with Article 5, paragraph 2, subparagraph b, of the Protocol, the Republic
of Finland, due to established principles in its national legal system concerning
freedom of expression, reserves the right not to apply, in whole or in part, Article
5, paragraph 1, to cases where the national provisions on defamation or ethnic agitation
are not applicable.
In accordance with Article 6, paragraph 2, subparagraph b, of the Protocol, the Republic
of Finland, due to established principles in its national legal system concerning
freedom of expression, reserves the right not to apply, in whole or in part, Article
6, paragraph 1, to cases where the national provisions on ethnic agitation are not
applicable.
Frankrijk
10-01-2006
In accordance with Article 6, paragraph 1, of the Protocol, France interprets the
terms "international court established by relevant international instruments and whose
jurisdiction is recognised by that Party" (Article 6, paragraph 1) as being any international
criminal jurisdiction explicitely recognised as such by the French authorities and
established under its domestic law.
Griekenland
25-01-2017
In accordance with Article 12, paragraph 3, and Article 5, paragraph 2, sub-paragraph
a, of the Protocol, the Hellenic Republic requires that the offence referred to in
paragraph 1 of Article 5 has the effect that the person or group of persons referred
to in paragraph 1 of Article 5 is exposed to hatred, contempt or ridicule.
In accordance with Article 12, paragraph 3, and Article 6, paragraph 2, sub-paragraph
a, of the Protocol, the Hellenic Republic requires that the denial or the gross minimisation
referred to in paragraph 1 of Article 6 is committed with the intent to incite hatred,
discrimination or violence against any individual or group of individuals, based on
race, colour, descent or national or ethnic origin, as well as religion if used as
a pretext for any of these factors.
IJsland
06-04-2023
The Permanent Representation of Iceland to the Council of Europe has the honour to
refer to its Note dated 11 January 2023, in which Iceland notified the deposit of
its instrument of ratification of the Additional Protocol to the Convention on Cybercrime
(“the Additional Protocol”).
The Permanent Representation of Iceland wishes to inform the Secretary General that
due to human error, Iceland’s reservations to the Additional Protocol were not included
in the note of 11 January 2023. Upon the adoption of necessary legislation amendments
which implemented the Additional Protocol in Icelandic legislation, it was noted and
reasoned in the explanatory report with the legislation that Iceland intended to make
certain reservations to the Additional Protocol.
Accordingly, in order to correct this error, Iceland communicates to the Secretary
General of the Council of Europe, in her capacity as Depositary of the Convention,
the following:
In accordance with Article 3, paragraph 3, of the Protocol, Iceland reserves the right
not to apply paragraph 1 to those cases of discrimination for which, due to established
principles in its national legal system concerning freedom of expression, it cannot
provide for effective remedies as referred to in the said paragraph 2.
In accordance with Article 5, paragraph 2, subparagraph b, of the Protocol, Iceland
due to established principles in its national legal system concerning freedom of expression,
reserves the right not to apply, in whole or in part, Article 5, paragraph 1.
In accordance with Article 6, paragraph 2, subparagraph b, of the Protocol, Iceland,
due to established principles in its national legal system concerning freedom of expression,
reserves the right not to apply, in whole or in part, Article 6, paragraph 1.
Iceland sincerely apologizes for any inconvenience this error may have caused and
would like to reiterate its commitment to the Additional Protocol.
Kroatië
04-07-2008
Pursuant to Article 3, paragraph 2, of the Additional Protocol, the Republic of Croatië
reserves the right not to attach criminal liability to conduct as defined by paragraph
1 of Article 3 of the Additional Protocol, where racist and xenophobic material as
defined in Article 2, paragraph 1, of the Additional Protocol advocates, promotes
or incites discrimination that is not associated with hatred or violence.
Litouwen
12-10-2006
In accordance with Article 6, paragraph 2, subparagraph a, and Article 12, paragraph 3, of the Additional Protocol to the Convention on Cybercrime, the Republic of Lithuania states that criminal liability for denial or gross minimisation arises if it has been commited "with the intent to incite hatred, discrimination or violence against any indivdual or group of individuals, based on race, colour, descent or national or ethnic origin, as well as religion if used as a pretext for any of the factors".
Monaco
17-03-2017
In accordance with Article 6, paragraph 2, subparagraph b, of the Protocol, the Principality of Monaco reserves the right not to apply, in whole or in part, paragraph 1 of Article 6 of the Protocol.
Montenegro
03-03-2010
In accordance with Article 6, paragraph 2, item b, and Article 12, paragraph 3, of
the Additional Protocol, Montenegro requires that the denial or the gross minimization,
approval or justification of acts constituting genocide or crimes against humanity,
be committed with the intent to incite hatred, discrimination or violence against
an individual or group of individuals based on race, color, descent or national or
ethnic origin, as well as religion if used as pretext for any of these factors, or
otherwise.
Nederlanden, het Koninkrijk der
22-07-2010
The Kingdom of the Netherlands will comply with the obligation to criminalise the
denial, gross minimisation, approval or justification of genocide or crimes against
humanity laid down in Article 6, paragraph 1, of the Protocol where such conduct incites
hatred, discrimination or violence on the grounds of race or religion.
Noorwegen
29-04-2008
In accordance with Article 3, paragraph 3 of the Protocol, Norway reserves the right
not to apply paragraph 1 to those cases of discrimination for which, due to established
principles in its national legal system concerning freedom of expression, it cannot
provide for effective remedies as referred to in the said paragraph 2.
In accordance with Article 5, paragraph 2 b of the Protocol, Norway reserves the right
not to apply paragraph 1 of this Article, except for hatred offences.
In accordance with Article 6, paragraph 2 b of the Protocol, Norway reserves the right
not to apply paragraph 1 of this Article, except for hatred offences.
Oekraïne
21-12-2006
In accordance with Article 6, paragraph 2, subparagraph a, of the Additional Protocol
to the Convention on Cybercrime, Ukraine declares that it shall require that denial
or gross minimization referred to in paragraph 1 of that Article is committed with
the intention to provoke hatred, discrimination or violence against any person or
group of persons based on signs of race, colour, national or ethnic origin as well
as faith if they are used as a reason for any of those actions.
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
Polen
20-02-2015
Pursuant to Article 3, paragraph 3, of the Additional Protocol, the Republic of Poland
reserves that the condition that is necessary to consider a conduct referred to in
Article 3, paragraph 1, a criminal offence is discrimination associated with violence
or hatred, as referred to in Article 3, paragraph 2.
Pursuant to Article 6, paragraph 2.a, of the Additional Protocol, the Republic of
Poland reserves that the condition that is necessary to consider a conduct referred
to in Article 6, paragraph 1, a criminal offence is the intent as specified in Article
6, paragraph 2.a.
Roemenië
16-07-2009
In accordance with Article 5, paragraph 2.b, of the Additional Protocol, Romania reserves
the right not to apply the provisions of Article 5, paragraph 1, of the Additional
Protocol concerning racist and xenophobic motivated insult.
Spanje
18-12-2014
Spain declares that, in the event that the present Protocol were to be ratified by
the United Kingdom and extended to the territory of Gibraltar, Spain wishes to make
the following Statement:
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 Administration status 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, it is considered that the eventual participation of the Gibraltarian
authorities in the application of this Protocol will be carried out exclusively as
part of the internal competences of Gibraltar and cannot be considered to modify in
any way the declarations formulated in the two previous paragraphs.
4. The process provided for by the "Agreed Arrangements relating to Gibraltar authorities
in the context of certain international treaties" which have been adopted by Spain
and the United Kingdom on 19 December 2007, jointly with the "Agreed Arrangements
relating to Gibraltar authorities in the context of EU and EC instruments and related
treaties", dated 19 April 2000 apply to the Additional Protocol to the Convention
on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature
committed through computer systems.
5. The application of the said Protocol to Gibraltar should not be interpreted as
an acknowledgment of any right or any situation regarding areas not covered by Article
X of the Treaty of Utrecht of 13 July 1713, concluded between the Kingdoms of Spain
and of the Great Britain.
Zweden
28-04-2021
In accordance with Article 6, paragraph 2.a, of the Additional Protocol, Sweden declares that it reserves the right to require in its domestic law that the denial or the gross minimisation is committed with the intent to incite hatred, discrimination or violence against any individual or group of individuals, based on race, colour, descent or national or ethnic origin, as well as religion if used as a pretext for any of these factors, or otherwise, for the conduct referred to in Article 6, paragraph 1, to constitute criminal offences.