Partijen en gegevens

On signing the Geneva Convention relative to the Treatment of Prisoners of War, I declare that the Government of the Federal People's Republic of Yugoslavia adheres to the said Convention, with reservations in respect of Articles 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 for the whole of the time during which such prisoners of war are in the custody of the Power accepting them.

On proceeding to sign the Geneva Convention relative to the Treatment of Prisoners of War, I declare that the Government of the Czechoslovakian Republic adheres to the said Convention, with reservations in respect of Articles 10, 12 and 85.

In regard to Article 10, the Government of the Czechoslovakian Republic 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 Czechoslovakian Republic will not consider it legal for a Power, which effects a transfer of prisoners of war, to be freed from its responsibility for applying the Convention, even for the time during which such prisoners of war are in the custody of the Power accepting them.

In regard to Article 85, the Government of the Czechoslovakian Republic will not consider it legal for prisoners of war convicted of war crimes and crimes against humanity in accordance with the principles set forth at the time of the Nuremberg trials, to continue to enjoy protection under the present Convention, it being understood that prisoners of war convicted of such crimes must be subject to the regulations for the execution of punishments, in force in the State concerned.

The Italian Government declares that it makes a reservation in respect of the last paragraph of Article 66 of the Convention relative to the Treatment of Prisoners of War.

In matters regarding procedural guarantees and penal and disciplinary sanctions, Spain will grant prisoners of war the same treatment as is provided by her legislation for members of her own national forces.

Under ‘International Law in force’ ( Article 99) Spain understands she only accepts that which arises from contractual sources or which has been previously elaborated by organizations in which she participates.

On signing the Convention relative to the Treatment of Prisoners of War, the Government of the Union of Soviet Socialist Republics makes the following reservations:

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.

On signing the Convention relative to the Treatment of Prisoners of War, the Government of the Rumanian People's Republic makes the following reservations:

Article 10: The Rumanian People's Republic will no 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 Rumanian People's Republic 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 under the protection of the Power accepting them.

Article 85: The Rumanian People's Republic 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.

In my capacity as representative of the Government of the Bulgarian People's Republic, I have the pleasant duty of expressing here its satisfaction at having been able to take part in drawing up a humanitarian instrument of the highest international importance — a group of conventions for the protection of war victims.

Nevertheless, my wish is that there shall be no need to apply them; that is to say, that we may exert every effort to prevent a new war, so that there may be no victims to be helped in accordance with the provisions of a convention.

I must, first of all, express my Government's deep regret that the majority of the Diplomatic Conference did not accept the Soviet Delegation's proposal for the unconditional banning of atomic weapons and other weapons for the mass extermination of the population.

On signing the present Convention, the Government of the Bulgarian People's Republic makes the following reservations, which constitute an integral part of the Convention:

With regard to Article 10: The Bulgarian People's Republic will not recognize as valid the action of a Detaining Power of prisoners of war, in approaching a neutral Power or a humanitarian organization with a view to entrusting it with the protection of such persons without the consent of the Government of the country of which the latter are nationals.

With regard to Article 12: The Bulgarian People's Republic will not consider the Detaining Power of prisoners of war, which has transferred such persons to another Power which has agreed to accept them, as being freed from responsiblity[lees: responsibility] for applying the provisions of the Convention to such persons during the time that they are detained by the other Power.

With regard to Article 85: The Bulgarian People's Republic does not consider itself bound to extend the application of the provisions derived from Article 85 to prisoners of war convicted, under the law of the Detaining Power and in accordance with the principles of the Nuremberg trial, of war crimes or crimes against humanity which they committed before being taken prisoner, because those thus convicted must be subject to the regulations of the country in which they have to serve their sentence.

At the meeting of the Diplomatic Conference on August 11th, 1949, the Delegation of the Hungarian People's Republic reserved the right to make express reservations on signing the Conventions, after having examined them. In their speech at the above meeting the Hungarian Delegation observed that they were not in agreement with all the provisions of the Conventions. After a thorough study of the text of the Conventions, the Government of the Hungarian People's Republic decided to sign the Conventions in spite of their obvious defects, as it considered that the Conventions constituted an advance in comparison with the existing situation from the point of view of the practical application of humanitarian principles and the protection of war victims.

The Government of the Hungarian People's Republic is obliged to state that the concrete results achieved by the Diplomatic Conference which ended on August the 12th do not come up to expectations, since the majority of the members of the Conference did not adopt the proposals of the Soviet Delegation concerning the atomic weapon and other means of mass extermination of the population.

The Delegation of the Hungarian People's Republic noted with regret the point of view of the majority of the Conference, which was contrary to the wishes of the nations engaged in the struggle for peace and liberty. The Delegation of the Hungarian People's Republic is convinced that the adoption of the Soviet proposals would have been the most effective means of protecting war victims.

The express reservations made by the Government of the Hungarian People's Republic on signing the Conventions, are as follows:

On signing the Convention relative to the Treatment of Prisoners of War, the Government of the Ukrainian Soviet Socialist Republic makes the following reservations:

Article 10: The Ukrainian Soviet Socialist Republic 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 Ukrainian Soviet Socialist Republic 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 Ukrainian Soviet Socialist Republic 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.

On signing the Convention relative to the Treatment of Prisoners of War, the Government of the Byelorussian Soviet Socialist Republic makes the following reservations:

Article 10: The Byelorussian Soviet Socialist Republic 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 Byelorussian Soviet Socialist Republic 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 Byelorussian Soviet Socialist Republic 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.

On signing the Geneva Convention relative to the Treatment of Prisoners of War, I declare that the Government of the Polish Republic adheres to the said Convention, with reservations in respect of Articles 10, 12 and 85.

In regard to Article 10, the Government of the Polish Republic 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 Polish Republic will not consider it legal for a Power, which effects a transfer of prisoners of war, to be freed from its responsibility for applying the Convention, even for the time during which such prisoners of war are in the custody of the Power accepting them.

In regard to Article 85, the Government of the Polish Republic will not consider it legal for prisoners of war convicted of war crimes and crimes against humanity in accordance with the principles set forth at the time of the Nuremberg trials, to continue to enjoy protection under the present Convention, it being understood that prisoners of war convicted of such crimes must be subject to the regulations for the execution of punishments, in force in the State concerned.

‛ 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. ’

Regarding Article 10 of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, 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 responsibilty[lees: 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. ’

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 the 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.

Whilst they (sc. de Britse Regering) regard all the above-mentioned States as being parties to the above-mentioned Conventions (sc. het onderhavige Verdrag alsook het Verdrag van Genève van 12 augustus 1949 betreffende de bescherming van burgers in oorlogstijd), 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. ’

Whilst they (sc. de Australische Regering) regard all the above-mentioned (sc. de hierboven genoemde Staten) as being parties to the above-mentioned Conventions (sc. het onderhavige Verdrag alsmede het Verdrag van Genève van 12 augustus 1949 betreffende de bescherming van burgers in oorlogstijd) 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. ’

While the Government of the Commonwealth of Australia does not recognise any of the foregoing (sc. de hierboven genoemde Staat en de hierboven genoemde gebieden) it has taken note of their acceptance of the provisions of the Conventions (sc. het onderhavige Verdrag alsmede de andere Geneefse Verdragen van 12 augustus 1949) and their intention to apply them. The position of the Government of the Commonwealth of Australia towards the reservations referred to above applies equally in relation to the similar reservations attached to such acceptance. ’

‛ To the extent of Her Majesty's powers in relation to those territories. ’

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.

‛ … it does not imply recognition of Israel or entering with it into relations governed by the Conventions thereto acceded. ’

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.

The Government of Israel takes note that by declarations dated 10 February 1977, and received by the Swiss Government on 25 May 1977, 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.

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 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 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.

Accession to the aforementioned Geneva Conventions and Protocols is governed by an identically worded article which stipulates that:

‘From the date of its coming into force, it shall be open to any power in whose name the present Convention has not been signed, to accede to this Convention.’

Since South West Africa/Namibia cannot, in terms of international law, be regarded as such a Power and since neither it nor the UN Council for Namibia is able to assume the obligations imposed upon such Power by the four Geneva Conventions, the South African Government rejects the so-called instruments of accession of the UN Council for Namibia to the four Geneva Conventions and its two Additional Protocols as having no legal effect.

With reference to the reservation made by the Government of the People's Republic of Angola to Article 85 of the Convention relative to the Treatment of Prisoners of War, Her Majesty's Government, recalling their previous declarations in relation 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. ’

[...] 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.

The Government of the Federal Republic of Yugoslavia, pursuant to paragraph 2 of the Article 90 of Protocol I, recognizes, ipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligations, the competence of the International Fact-Finding Commission to enquire into allegations by such other Party, as authorized by this Article. ’

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.