Convention on reduction of cases of multiple nationality and military obligations in cases of multiple nationality:artikel 6

Convention on reduction of cases of multiple nationality and military obligations in cases of multiple nationality

Article 6

Geldend

Documentgegevens:

Geldend vanaf 08-09-1978

Redactionele toelichting: Deze versie is nog niet voor alle partijen in werking getreden. Zie voor de partijgegevens het Protocol van 24-11-1977, Trb. 1981, 45.
Bronpublicatie:: 24-11-1977, Trb. 1981, 45 (uitgifte: 09-03-1981, kamerstukken/regelingnummer: -)
Inwerkingtreding: 08-09-1978
Bronpublicatie inwerkingtreding:: 24-11-1977, Trb. 1981, 45 (uitgifte: 09-03-1981, kamerstukken/regelingnummer: -)
Vakgebied(en): Staatsrecht / Nationaliteitsrecht
Internationaal publiekrecht / Bijzondere onderwerpen

Except where a special agreement which has been, or may be, concluded provides otherwise, the following provisions are applicable to a person possessing the nationality of two or more Contracting Parties:

1.: Any such person shall be subject to military obligations in relation to the Party in whose territory he is ordinarily resident. Nevertheless, he shall be free to choose, up to the age of 19 years, to submit himself to military obligations as a volunteer in relation to any other Party of which he is also a national for a total and effective period at least equal to that of the active military service required by the former Party.
2.: A person who is ordinarily resident in the territory of a Contracting Party of which he is not a national or in that of a State which is not a Party may choose to perform his military service in the territory of any Contracting Party of which he is a national.
3.: A person who, in accordance with the rules laid down in paragraphs 1 and 2, shall fulfil his military obligations in relation to one Contracting Party, as prescribed by the law of that Party, shall be deemed to have fulfilled his military obligations in relation to any other Party or Parties of which he is also a national. The same shall apply to a person who has been relieved of or exempted from his military obligations or has fulfilled civil service as an alternative.
A person who is a national of a Contracting Party which does not require obligatory military service, shall be considered as having satisfied his military obligations when he has his ordinary residence in the territory of that Party. Nevertheless he should be deemed not to have satisfied his military obligations in relation to a Contracting Party or Contracting Parties of which he is equally a national and where military service is required unless the said ordinary residence has been maintained up to a certain age, which each Contracting Party concerned shall notify at the time of signature or when depositing its instrument of ratification, acceptance or accession.
Also a person who is a national of a Contracting Party which does not require obligatory military service shall be considered as having satisfied his military obligations when he has enlisted voluntarily in the military forces of that Party for a total and effective period which is at least equal to that of the active military service of the Contracting Party or Contracting Parties of which he is also a national without regard to where he has his ordinary residence.
4.: A person who, before the entry into force of this Convention between the Parties of which he is a national, has, in relation to one of those Parties, fulfilled his military obligations in accordance with the law of that Party, shall be deemed to have fulfilled the same obligations in relation to any other Party or Parties of which he is also a national.
5.: A person who, in conformity with paragraph 1, has performed his active military service in relation to one of the Contracting Parties of which he is a national, and subsequently transfers his ordinary residence to the territory of the other Party of which he is a national, shall be liable to military service in the reserve only in relation to the latter Party.
6.: The application of this Article shall not prejudice, in any respect, the nationality of the persons concerned.
7.: In the event of mobilisation by any Party, the obligations arising under this Article shall not be binding upon that Party.