Entry into force: | 12 January 1951, in accordance with article XIII. |
Registration: | 12 January 1951, No. 1021. |
Status: | Signatories: 41 ,Parties: 133. |
Text: | United Nations, Treaty Series, vol. 78, p. 277. |
|
Participant2 | Signature | Ratification, Accession (a), Succession (d) |
Afghanistan | 22 Mar 1956 a | |
Albania | 12 May 1955 a | |
Algeria | 31 Oct 1963 a | |
Antigua and Barbuda | 25 Oct 1988 d | |
Argentina | 5 Jun 1956 a | |
Armenia | 23 Jun 1993 a | |
Australia | 11 Dec 1948 | 8 Jul 1949 |
Austria | 19 Mar 1958 a | |
Azerbaijan | 16 Aug 1996 a | |
Bahamas | 5 Aug 1975 d | |
Bahrain | 27 Mar 1990 a | |
Bangladesh | 5 Oct 1998 a | |
Barbados | 14 Jan 1980 a | |
Belarus | 16 Dec 1949 | 11 Aug 1954 |
Belgium | 12 Dec 1949 | 5 Sep 1951 |
Belize | 10 Mar 1998 a | |
Bolivia | 11 Dec 1948 | |
Bosnia and Herzegovina2,3 | 29 Dec 1992 d | |
Brazil | 11 Dec 1948 | 15 Apr 1952 |
Bulgaria | 21 Jul 1950 a | |
Burkina Faso | 14 Sep 1965 a | |
Burundi | 6 Jan 1997 a | |
Cambodia | 14 Oct 1950 a | |
Canada | 28 Nov 1949 | 3 Sep 1952 |
Chile | 11 Dec 1948 | 3 Jun 1953 |
China4,5 | 20 Jul 1949 | 18 Apr 1983 |
Colombia | 12 Aug 1949 | 27 Oct 1959 |
Costa Rica | 14 Oct 1950 a | |
Côte d'Ivoire | 18 Dec 1995 a | |
Croatia2 | 12 Oct 1992 d | |
Cuba | 28 Dec 1949 | 4 Mar 1953 |
Cyprus6 | 29 Mar 1982 a | |
Czech Republic7 | 22 Feb 1993 d | |
Democratic People's Republic of Korea | 31 Jan 1989 a | |
Democratic Republic of the Congo | 31 May 1962 d | |
Denmark | 28 Sep 1949 | 15 Jun 1951 |
Dominican Republic | 11 Dec 1948 | |
Ecuador | 11 Dec 1948 | 21 Dec 1949 |
Egypt | 12 Dec 1948 | 8 Feb 1952 |
El Salvador | 27 Apr 1949 | 28 Sep 1950 |
Estonia | 21 Oct 1991 a | |
Ethiopia | 11 Dec 1948 | 1 Jul 1949 |
Fiji | 11 Jan 1973 d | |
Finland | 18 Dec 1959 a | |
France | 11 Dec 1948 | 14 Oct 1950 |
Gabon | 21 Jan 1983 a | |
Gambia | 29 Dec 1978 a | |
Georgia | 11 Oct 1993 a | |
Germany8,9 | 24 Nov 1954 a | |
Ghana | 24 Dec 1958 a | |
Greece | 29 Dec 1949 | 8 Dec 1954 |
Guatemala | 22 Jun 1949 | 13 Jan 1950 |
Guinea | 7 Sep 2000 a | |
Haiti | 11 Dec 1948 | 14 Oct 1950 |
Honduras | 22 Apr 1949 | 5 Mar 1952 |
Hungary | 7 Jan 1952 a | |
Iceland | 14 May 1949 | 29 Aug 1949 |
India | 29 Nov 1949 | 27 Aug 1959 |
Iran (Islamic Republic of) | 8 Dec 1949 | 14 Aug 1956 |
Iraq | 20 Jan 1959 a | |
Ireland | 22 Jun 1976 a | |
Israel | 17 Aug 1949 | 9 Mar 1950 |
Italy | 4 Jun 1952 a | |
Jamaica | 23 Sep 1968 a | |
Jordan | 3 Apr 1950 a | |
Kazakhstan | 26 Aug 1998 a | |
Kuwait | 7 Mar 1995 a | |
Kyrgyzstan | 5 Sep 1997 a | |
Lao People's Democratic Republic | 8 Dec 1950 a | |
Latvia | 14 Apr 1992 a | |
Lebanon | 30 Dec 1949 | 17 Dec 1953 |
Lesotho | 29 Nov 1974 a | |
Liberia | 11 Dec 1948 | 9 Jun 1950 |
Libyan Arab Jamahiriya | 16 May 1989 a | |
Liechtenstein | 24 Mar 1994 a | |
Lithuania | 1 Feb 1996 a | |
Luxembourg | 7 Oct 1981 a | |
Malaysia | 20 Dec 1994 a | |
Maldives | 24 Apr 1984 a | |
Mali | 16 Jul 1974 a | |
Mexico | 14 Dec 1948 | 22 Jul 1952 |
Monaco | 30 Mar 1950 a | |
Mongolia | 5 Jan 1967 a | |
Morocco | 24 Jan 1958 a | |
Mozambique | 18 Apr 1983 a | |
Myanmar | 30 Dec 1949 | 14 Mar 1956 |
Namibia | 28 Nov 1994 a | |
Nepal | 17 Jan 1969 a | |
Netherlands | 20 Jun 1966 a | |
New Zealand | 25 Nov 1949 | 28 Dec 1978 |
Nicaragua | 29 Jan 1952 a | |
Norway | 11 Dec 1948 | 22 Jul 1949 |
Pakistan | 11 Dec 1948 | 12 Oct 1957 |
Panama | 11 Dec 1948 | 11 Jan 1950 |
Papua New Guinea | 27 Jan 1982 a | |
Paraguay | 11 Dec 1948 | 3 Oct 2001 |
Peru | 11 Dec 1948 | 24 Feb 1960 |
Philippines | 11 Dec 1948 | 7 Jul 1950 |
Poland | 14 Nov 1950 a | |
Portugal10 | 9 Feb 1999 a | |
Republic of Korea | 14 Oct 1950 a | |
Republic of Moldova | 26 Jan 1993 a | |
Romania | 2 Nov 1950 a | |
Russian Federation | 16 Dec 1949 | 3 May 1954 |
Rwanda | 16 Apr 1975 a | |
Saint Vincent and the Grenadines | 9 Nov 1981 a | |
Saudi Arabia | 13 Jul 1950 a | |
Senegal | 4 Aug 1983 a | |
Seychelles | 5 May 1992 a | |
Singapore | 18 Aug 1995 a | |
Slovakia7 | 28 May 1993 d | |
Slovenia2 | 6 Jul 1992 d | |
South Africa | 10 Dec 1998 a | |
Spain | 13 Sep 1968 a | |
Sri Lanka | 12 Oct 1950 a | |
Sweden | 30 Dec 1949 | 27 May 1952 |
Switzerland | 7 Sep 2000 a | |
Syrian Arab Republic | 25 Jun 1955 a | |
The Former Yugoslav Republic of Macedonia2 | 18 Jan 1994 d | |
Togo | 24 May 1984 a | |
Tonga | 16 Feb 1972 a | |
Tunisia | 29 Nov 1956 a | |
Turkey | 31 Jul 1950 a | |
Uganda | 14 Nov 1995 a | |
Ukraine | 16 Dec 1949 | 15 Nov 1954 |
United Kingdom of Great Britain and Northern Ireland | 30 Jan 1970 a | |
United Republic of Tanzania | 5 Apr 1984 a | |
United States of America | 11 Dec 1948 | 25 Nov 1988 |
Uruguay | 11 Dec 1948 | 11 Jul 1967 |
Uzbekistan | 9 Sep 1999 a | |
Venezuela | 12 Jul 1960 a | |
Viet Nam11,12 | 9 Jun 1981 a | |
Yemen13 | 9 Feb 1987 a | |
Yugoslavia | 12 Mar 2001 a | |
Zimbabwe | 13 May 1991 a |
|
As regards article XII: The People's Republic of Albania declares that it is not in agreement with article XII of the Convention and considers that all the provisions of the Convention should extend to Non-Self-Governing Territories, including Trust Territories.
The Democratic and Popular Republic of Algeria declares that no provision of article VI of the said Convention shall be interpreted as depriving its tribunals of jurisdiction in cases of genocide or other acts enumerated in article III which have been committed in its territory or as conferring such jurisdiction on foreign tribunals.
International tribunals may, as an exceptional measure, be recognized as having jurisdiction, in cases in which the Algerian Government has given its express approval.
The Democratic and Popular Republic of Algeria declares that it does not accept the terms of article XII of the Convention and considers that all the provisions of the said Convention should apply to Non-Self-Governing Territories, including Trust Territories.
Ad article XII: If any other Contracting Party extends the application of the Convention to territories under the sovereignty of the Argentine Republic, this extension shall in no way affect the rights of the Republic.
"With reference to article IX of the Convention the Government of the State of Bahrain declares that, for the submission of any dispute in terms of this article to the jurisdiction of the International Court of Justice, the express consent of all the parties to the dispute is required in each case."
"Moreover, the accession by the State of Bahrain to the said Convention shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind therewith."
"Article IX: For the submission of any dispute in terms of this article to the jurisdiction of the International Court of Justice, the consent of all parties to the dispute will be required in each case."
1. The ratification to the said Convention by the Taiwan local authorities on 19 July 1951 in the name of China is illegal and therefore null and void.
Reservation:
2. The People's Republic of China does not consider itself bound by article IX of the said Convention.
"That with reference to article IX of the Convention, before any dispute to which Malaysia is a party may be submitted to the jurisdiction of the International Court of Justice under this article, the specific consent of Malaysia is required in each case."
Understanding:
"That the pledge to grant extradition in accordance with a state's laws and treaties in force found in article VII extends only to acts which are criminal under the law of both the requesting and the requested state."
The Government of the Mongolian People's Republic deems it appropriate to draw attention to the discriminatory character of article XI of the Convention, under the terms of which a number of States are precluded from acceding to the Convention and declares that the Convention deals with matters which affect the interests of all States and it should, therefore, be open for accession by all States.
The competence of international courts may be admitted exceptionally in cases with respect to which the Moroccan Government has given its specific agreement.
With reference to article IX, the Moroccan Government states that no dispute relating to the interpretation, application or fulfilment of the present Convention can be brought before the International Court of Justice, without the prior agreement of the parties to the dispute.
"(2) With reference to article VIII, the Union of Burma makes the reservation that the said article shall not apply to the Union."
"2. With reference to article VII of the Convention, the Philippine Government does not undertake to give effect to said article until the Congress of the Philippines has enacted the necessary legislation defining and punishing the crime of genocide, which legislation, under the Constitution of the Philippines, cannot have any retroactive effect.
"3. With reference to articles VI and IX of the Convention, the Philippine Government takes the position that nothing contained in said articles shall be construed as depriving Philippine courts of jurisdiction over all cases of genocide committed within Philippine territory save only in those cases where the Philippine Government consents to have the decision of the Philippine courts reviewed by either of the international tribunals referred to in said articles. With further reference to article IX of the Convention, the Philippine Government does not consider said article to extend the concept of State responsibility beyond that recognized by the generally accepted principles of international law."
The Portuguese Republic declares that it will interpret article VII of the Convention on the Prevention and Punishment of the Crime of Genocide as recognizing the obligation to grant extradtion established therein in cases where such extradition is not prohibited by the Constitution and other domestic legislation of the Portuguese Republic.
"That with reference to article IX of the Convention, before any dispute to which the Republic of Singapore is a party may be submitted to the jurisdiction of the International Court of Justice under this article, the specific consent of the Republic of Singapore is required in each case."
"(1) That with reference to article IX of the Convention, be fore any dispute to which the United States is a party may be submitted to the jurisdiction of the International Court of Justice under this article, the specific consent of the United States is required in each case.
(2) That nothing in the Convention requires or authorizes legislation or other action by the United States of America prohibited by the Constitution of the United States as interpreted by the United States."
Understandings:
"(1) That the term `intent to destroy, in whole or in part, a national, ethnical, racial, or religious group as such' appearing in article II means the specific intent to destroy, in whole or in substantial part, a national, ethnical, racial or religious group as such by the acts specified in article II.
(2) That the term `mental harm' in article II (b) means permanent impairment of mental faculties through drugs, torture or similar techniques.
(3) That the pledge to grant extradition in accordance with a state's laws and treaties in force found in article VII extends only to acts which are criminal under the laws of both the requesting and the requested state and nothing in article VI affects the right of any state to bring to trial before its own tribunals any of its nationals for acts committed outside a state.
(4) That acts in the course of armed conflicts committed without the specific intent required by article II are not sufficient to constitute genocide as defined by this Convention.
(5) That with regard to the reference to an international penal tribunal in article VI of the Convention, the United States declares that it reserves the right to effect its participation in any such tribunal only by a treaty entered into specifically for that purpose with the advice and consent of the Senate."
With reference to article VII, notice is given that the laws in force in Venezuela do not permit the extradition of Venezuelan nationals.
With reference to article IX, the reservation is made that the submission of a dispute to the International Court of Justice shall be regarded as valid only when it takes place with Venezuela's approval, signified by the express conclusion of a prior agreement in each case.
2. The Socialist Republic of Viet Nam does not accept article XII of the Convention and considers that all provisions of the Convention should also extend to Non-Self-Governing Territories, including Trust Territories.
3. The Socialist Republic of Viet Nam considers that article XI is of a discriminatory nature, depriving a number of States of the opportunity to become parties to the Convention, and holds that the Convention should be open for accession by all States.
"The Federal Republic of Yugoslavia does not consider itself bound by Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide and, therefore, before any dispute to which the Federal Republic of Yugoslavia is a party may be validly submitted to the jurisdiction of the International Court of Justice under this Article, the specific and explicit consent of the FRY is required in each case."
"The Australian Government does not accept any of the reservations contained in the instrument of accession of the People's Republic of Bulgaria, or in the instrument of ratification of the Republic of the Philippines.
"The Australian Government does not accept any of the reservations made at the time of signature of the Convention by the Byelorussian Soviet Socialist Republic, Czechoslovakia, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics."
19 January 1951
"The Australian Government does not accept the reservations contained in the instruments of accession of the Governments of Poland and Romania."
The position taken by the Government of Brazil is founded on the Advisory Opinion of the International Court of Justice of 28 May 1951 and on the resolution adopted by the sixth session of the General Assembly on 12 January 1952, on reservations to multilateral conventions.
The Brazilian Government reserves the right to draw any such legal consequences as it may deem fit from its formal objection to the above-mentioned reservations.
"The Government of China ... objects to all the identical reservations made at the time of signature or ratification or accession to the Convention by Bulgaria, Byelorussian Soviet Socialist Republic, Czechoslovakia, Hungary, Poland, Romania, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics. The Chinese Government considers the above-mentioned reservations as incompatible with the object and purpose of the Convention and, therefore, by virtue of the Advisory Opinion of the International Court of Justice of 28 May 1951, would not regard the above-mentioned States as being Parties to the Convention."
13 September 1955
[Same communication, mutatis mutandis, in respect of the reservations made by Albania.]
25 July 1956
[Same communication, mutatis mutandis, in respect of the reservations made by Myanmar.]
"The Government of the Republic of Croatia objects to the deposition of the instrument of accession of the Federal Republic of Yugoslavia to the Convention on the Prevention and Punishment of the Crime of Genocide, due to the fact that the Federal Republic of Yugoslavia is already bound by the Convention since its emergence as one of the five equal successor states to the former Socialist Federal Republic of Yugoslavia.
This fact was confirmed by the Federal Republic of Yugoslavia in its Declaration of 27 April 1992, as communicated to the Secretary-General (UN doc. A/46/915). Notwithstanding the political reasoning behind it, in its 1992 Declaration the Federal Republic of Yugoslavia stated that it "shall strictly abide by all the commitments that the former Socialist Federal Republic of Yugoslavia assumed internationally".
In this regard the Republic of Croatia notes in particular the decision of the International Court of Justice in its Judgement of 11 July 1996 that the Federal Republic of Yugoslavia "was bound by provisions of the [Genocide] Convention on the date of the filing of [the Application by Bosnia and Herzegovina], namely on 20 March 1993" (ICJ Reports 1996, p. 595, at para. 17).
The Government of the Republic of Croatia further objects to the reservation made by the Federal Republic of Yugoslavia in respect of Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide, and considers it to be incompatible with the object and purpose of the Convention. The Government of the Republic of Croatia considers the Convention on the Prevention and Punishment of the Crime of Genocide to be fully in force and applicable between the Republic of Croatia and the Federal Republic of Yugoslavia, including Article IX.
The Government of the Republic of Croatia deems that neither the purported way of becoming a party to the Genocide Convention ex nunc by the Federal Republic of Yugoslavia, nor its purported reservation, have any legal effect regarding the jurisdiction of the International Court of Justice with respect to the pending proceedings initiated before the International Court of Justice by the Republic of Croatia against the Federal Republic of Yugoslavia pursuant to the Genocide Convention."
With regard to reservation (2) made by the United States of America:
"In the view of the Government of Denmark this reservation is subject to general principle of treaty interpretation according to which a party may not invoke the provisions of its internal law as justification for failure to perform a treaty."
The Government of is not in agreement with the reservations made to article IX and XII of the Convention by the Governments of the Byelorussian Soviet Socialist Republic, Czechoslovakia, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics and, therefore, they do not apply to Ecuador which accepted without any modifications the integral text of the Convention.
21 August 1950
[Same communication, mutatis mutandis, in respect of the reservations made by Bulgaria.]
9 January 1951
The Government of Ecuador does not accept the reservations made by the Governments of Poland and Romania to articles IX and XII of the Convention.
"The Estonian Government objects to this reservation on the grounds that it creates uncertainty, as to the extent of the obligations the Government of the United States of America is prepared to assume with regard to the Convention. According to article 27 of the Vienna Convention on the Law of Treaties, no party may invoke the provisions of its domestic law as justification for failure to perform a treaty."
With respect to reservation (2) made by the United States of America:
"In the view of the Government of Finland this reservation is subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its internal law as justification for failure to perform a treaty."
26 January 1990
The Government of the Hellenic Republic cannot accept the first reservation entered by the United States of America upon ratifying the Agreement on the Prevention and Punishment of the Crime of Genocide, for it considers such a reservation to be in compatible with the Convention.
In respect of the second reservation formulated by the United States of America:
[Same objection mutatis mutandis, as the one made by Denmark.]
"The Government of Ireland is unable to accept the second reservation made by the United States of America on the occasion of its ratification of the [said] Convention on the grounds that as a generally accepted rule of international law a party to an international agreement may not, by invoking the terms of its internal law, purport to override the provisions of the Agreement."
The Government of the Republic of Italy objects to the second reservation entered by the United States of America. It creates uncertainty as to the extent of the obligations which the Government of the United States of America is prepared to assume with regard to the Convention."
The Government of Mexico believes that the reservation made by the United States Government to article IX of the aforesaid Convention should be considered invalid because it is not in keeping with the object and purpose of the Convention, nor with the principle governing the interpretation of treaties whereby no State can invoke provisions of its domestic law as a reason for not complying with a treaty.
If the aforementioned reservation were applied, it would give rise to a situation of uncertainty as to the scope of the obligations which the United States Government would assume with respect to the Convention.
Mexico's objection to the reservation in question should not be interpreted as preventing the entry into force of the 1948 Convention between the [Mexican] Government and the United States Government.
27 December 1989
With regard to the reservations made by the United States of America:
"As concerns the first reservation, the Government of the Kingdom of the Netherlands recalls its declaration, made on 20 June 1966 on the occasion of the accession of the Kingdom of the Netherlands to the Convention [...] stating that in its opinion the reservations in respect of article IX of the Convention, made at that time by a number of states, were incompatible with the object and purpose of the Convention, and that the Government of the Kingdom of the Netherlands did not consider states making such reservations parties to the Convention. Accordingly, the Government of the Kingdom of the Netherlands does not consider the United States of America a party to the Convention. Similarly, the Government of the Kingdom of the Netherlands does not consider parties to the Convention other states which have made such reservations, i.e., in addition to the states mentioned in the aforementioned declaration, the People's Republic of China, Democratic Yemen, the German Democratic Republic, the Mongolian People's Republic, the Philippines, Rwanda, Spain, Venezuela, and Viet Nam, on the other hand, the Government of the Kingdom of the Netherlands does consider parties to the Convention those states that have since withdrawn their reservations, i.e., the Union of Soviet Socialist Republics, the Byelorussian Soviet Socialist Republic, and the Ukrainian Soviet Socialist Republic.
As the Convention may come into force between the Kingdom of the Netherlands and the United States of America as a result of the latter withdrawing its reservation in respect of article IX, the Government of the Kingdom of the Netherlands deems it useful to express the following position on the second reservation of the United States of America:
The Government of the Kingdom of the Netherlands objects to this reservation on the ground that it creates uncertainty as to the extent of the obligations the Government of the United States of America is prepared to assume with regard to the Convention. Moreover, any failure by the United States of America to act upon the obligations contained in the Convention on the ground that such action would be prohibited by the constitution of the United States would be contrary to the generally accepted rule of international law, as laid down in article 27 of the Vienna Convention on the law of treaties (Vienna, 23 May 1969)".
23 February 1996
With regard to the reservations made by Malaysia and Singapore made upon accession:
"The Government of the Kingdom of the Netherlands recalls its declaration made on 20 June 1966 on the occasion of the accession [to the said Convention].
[See declaration made under "Netherlands"]
Accordingly, the Government of the Netherlands declares that it considers the reservations made by Malaysia and Singapore in respect of article IX of the Convention incompatible with the object and purpose of the Convention. The Government of the Kingdom of the Netherlands does not consider Malaysia and Singapore Parties to the Convention.
On the other hand, the Government of the Kingdom of the Netherlands does consider Parties to the Convention those States that have since withdrawn their reservations in respect of article IX of the Convention, i.e., Hungary, Bulgaria and Mongolia."
"The Norwegian Government does not accept the reservations made to the Convention by the Government of the Philippines at the time of ratification."
22 December 1989
With regard to reservation (2) made by the United States of America:
"In the view of the Government of Norway this reservation is subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its internal law as justification for failure to perform a treaty."
With regard to reservation (2) made by the United States of America:
Spain interprets the reservation entered by the United States of America to the Convention on the Prevention and Punishment of the Crime of Genocide adopted by the General Assembly of the United Nations on 9 December 1948 [...] to mean that legislation or other action by the United States of America will continue to be in accordance with the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.
"The Government of Ceylon does not accept the reservations made by Romania to the Convention."
With regard to reservation (2) made by the United States of America:
"The Government of Sweden is of the view that a State party to the Convention may not invoke the provisions of its national legislation, including the Constitution, to justify that it does not fulfil its obligations under the Convention and therefore objects to the reservation.
This objection does not constitute an obstacle to the entry into force of the Convention between Sweden and the United States of America."
21 November 1975
" The Government of the United Kingdom of Great Britain and Northern Ireland have consistently stated that they are unable to accept reservations in respect of article IX of the said Convention; in their view this is not the kind of reservation which intending parties to the Convention have the right to make.
Accordingly, the Government of the United Kingdom do not accept the reservation entered by the Republic of Rwanda against article IX of the Convention. They also wish to place on record that they take the same view of the similar reservation made by the German Democratic Republic as notified by the circular letter [...] of 25 April 1973."
26 August 1983
With regard to statements made by Viet Nam concerning articles IX and XII and reservation made by China concerning article IX:
"The Government of the United Kingdom have [...] consistently stated that they are unable to accept reservations to [article IX]. Likewise, in conformity with the attitude adopted by them in previous cases, the Government of the United Kingdom do not accept the reservation entered by Viet Nam relating to article XII."
30 December 1987
With regard to a reservation made by Democratic Yemen concerning article IX:
"The Government of the United Kingdom of Great Britain and Northern Ireland have consistently stated that they are unable to accept reservations in respect of article IX of the said Convention; in their view this is not the kind of reservation which intending parties to the Convention have the right to make.
Accordingly the Government of the United Kingdom of Great Britain and Northern Ireland do not accept the reservation entered by the People's Democratic Republic of Yemen against article IX of the Convention."
22 December 1989
"The Government of the United Kingdom have consistently stated that they are unable to accept reservations to article IX. Accordingly, in conformity with the attitude adopted by them in previous cases, the Government of the United Kingdom do not accept the first reservation entered by the United States of America.
The Government of the United Kingdom object to the second reservation entered by the United States of America. It creates uncertainty as to the extent of the obligations which the Government of the United States of America is prepared to assume with regard to the Convention."
20 March 1996
With regard to reservations to article IX made by Malaysia and Singapore upon accession:
"The Government of the United Kingdom of Great Britain and Northern Ireland have consistently stated that they are unable to accept reservations to article IX. In their view, these are not the kind of reservations which intending parties to the Convention have the right to make.
Accordingly, the Government of the United Kingdom do not accept the reservations entered by the Government of Singapore and Malaysia to article IX of the Convention."
Participant | Date of receipt of the notification | Territories |
Australia . . . . . . . . . . . . . | 8 Jul 1949 | All territories for the conduct of whose foreign relations Australia is responsible |
Belgium . . . . . . . . . . . . . . | 13 Mar 1952 | Belgian Congo, Trust Territory of Rwanda-Urundi |
United Kingdom5,28. . . . . | 30 Jan 1970 | Channel Islands, Isle of Man, Dominica, Grenada, St. Lucia, St. Vincent, Bahamas, Bermuda, British Virgin Islands, Falkland Islands and Dependencies, Fiji, Gibraltar, Hong Kong, Pitcairn, St. Helena and Dependencies, Seychelles, Turks and Caicos Islands |
2 Jun 1970 | Kingdom of Tonga |
|
1. Resolution 260 (III), Official
Records of the General Assembly, Third Session, Part I (A/810), p. 174.
2. The former Yugoslavia had
signed and ratified the Convention on 11 December 1948 and 29 August 1950,
respectively. See also notes 1 regarding "Bosnia and Herzegovina", "Croatia",
"former Yugoslavia", "Slovenia", "The Former Yugoslav Republic of Macedonia"
and "Yugoslavia" in the "Historical Information" section in the front matter
of this volume.
3. The following communication, received by the Secretary-General on 15 June 1993, was transmitted prior to Yugoslavia's admission to membership in the United Nations by General Assembly resolution A/55/12 on 1 November 2000, and its accession to the Convention, deposited with the Secretary-General on 12 March 2001. See also "former Yugoslavia" in the "Historical Information" section in the front matter of this volume:
"Considering the fact that the replacement of sovereignty
on the part of the territory of the Socialist Federal Republic of Yugoslavia
previously comprising the Republic of Bosnia and Herzegovina was carried
out contrary to the rules of international law, the Government of the Federal
Republic of Yugoslavia herewith states that it does not consider the so-called
Republic of Bosnia and Herzegovina a party to the Convention on the Prevention
and Punishment of the Crime of Genocide, but does consider that the so-called
Republic of Bosnia and Herzegovina is bound by the obligation to respect
the norms on preventing and punishing the crime of genocide in accordance
with general international law irrespective of the Convention on the Prevention
and Punishment of the Crime of Genocide.
4. Ratified on behalf of the
Republic of China on 19 July 1951. See note concerning signatures, ratifications,
accessions, etc., on behalf of China (note 5 in chapter I.1).
5. On 6 June 1997, the Government of China notified the Secretary-General of the following:
In accordance with the Declaration of the Government of the People's Republic of China and the United Kingdom of Great Britain and Northern Ireland on the question of Hong Kong signed on 19 December 1984, the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibility of the Central People's Government of the People's Republic of China.
The [said Convention], which the Government of the People's Republic of China ratified on [18] April 1983, will apply to Hong Kong Special Administrative Region with effect from 1 July 1997. (The notification also contained the following declaration): The reservation to article IX of the said Convention made by the Government of the People's Republic of China will also apply to the Hong Kong Special Administrative Region.
The Government of the People's Republic of China will assume responsibility for the international rights and obligations arising from the application of the Convention to Hong Kong Special Administrative Region.
Subsequently, on 10 June 1997, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General of the following:
"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 the application of the [said Convention]
to Hong Kong."
6. On 18 May 1998, the Government of Cyprus notified the Secretary-General of the following:
"The Government of the Republic of Cyprus has taken note of the reservations made by a number of countries when acceding to the [Convention] and wishes to state that in its view these are not the kind of reservations which intending parties to the Convention have the right to make.
Accordingly, the Government of the Republic of Cyprus
does not accept any reservations entered by any Government with regard
to any of the Articles of the Convention."
7. Czechoslovakia had signed
and ratified the Convention on 28 December 1949 and 21 December 1950, respectively,
with a reservation. Subsequently, by a notification received on 26 April
1991, the Government of Czechoslovakia notified the Secretary-General of
its decision to withdraw the reservation to article IX made upon signature
and confirmed upon ratification. For the text of the reservation, see United
Nations, Treaty Series, vol. 78, p. 303. See also note 12 in chapter I.2.
8. The German Democratic Republic
had acceded to the Convention with reservation and declaration on 27 March
1973. For the text of the reservation and the declarations see United Nations,
Treaty Series, vol. 861, p. 200. See also note 15 under chapter I.2.
9. In a note accompanying the instrument of accession, the Government of the Federal Republic of Germany stated that the Convention would also apply to Land Berlin.
With reference to the above-mentioned declaration, a communication from the German Democratic Republic was received by the Secretary-General on 27 December 1973. The text of the communication is identical, mutatis mutandis, to that published in note 5 of chapter III.3, paragraph 4.
In this connection, the Secretary-General received
from the Governments of France, the United Kingdom of Great Britain and
Northern Ireland and the United States of America (17 June 1974 and 8 July
1975), the Federal Republic of Germany (15 July 1974 and 19 September 1975),
the Union of Soviet Socialist Republics (12 September 1974 and 8 December
1975), and the Ukrainian Soviet Socialist Republic (19 September 1974),
communications identical in essence, mutatis mutandis, to the corresponding
ones reproduced in note 5 chapter III.3. See also note 8 above.
10. On 16 September 1999, the Government of Portugal informed the Secretary-General that the Convention would apply to Macau.
Subsequently, the Secretary-General received the following communication on the date indicated hereinafter:
China (17 December 1999):
In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau (hereinafter referred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999. Macau will, from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defense affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
In this connection, [the Government of the People's Republic of China informs the Secretary-General of the following:]
The Convention on the Prevention and Punishment of the Crime of Genocide, adopted at Paris on 9 December 1948 (hereinafter referred to as the "Convention"), to which the Government of the People's Republic of China deposited the instrument of ratification on 18 April 1983, will apply to the Macau Special Administrative Region with effect from 20 December 1999. The Government of the People's Republic of China also wishes to make the following declaration:
The reservation made by the Government of the People's Republic of China to Article 9 of the Convention will also apply to the Macau Special Administrative Region.
The Government of the People's Republic of China will
assume responsibility for the international rights and obligations arising
from the application of the Convention to the Macau Special Administrative
Region.
11. Accession on behalf of
the Republic of Viet-Nam on 11 August 1950. (For the text of objections
to some of the reservations made upon the said accession, see publication,
Multilateral Treaties for which the Secretary-General acts as Depositary
(ST/LEG/SER.D/13, p. 91); also see note 34 in chapter I.2.
12. The Secretary-General received on 9 November 1981 from the Government of the Democratic Republic of Kampuchea the following objection with regard to the accession by Viet Nam:
The Government of Democratic Kampuchea, as a party to the Convention on the Prevention and Punishment of the Crime of Genocide, considers that the signing of that Convention by the Government of the Socialist Republic of Viet Nam has no legal force, because it is no more than a cynical, macabre charade intended to camouflage the foul crimes of genocide committed by the 250,000 soldiers of the Vietnamese invasion army in Kampuchea. It is an odious insult to the memory of the more than 2,500,000 Kampucheans who have been massacred by these same Vietnamese armed forces using conventional weapons, chemical weapons and the weapon of famine, created deliberately by them for the purpose of eliminating all national resistance at its source.
It is also a gross insult to hundreds of thousands of Laotians who have been massacred or compelled to take refuge abroad since the occupation of Laos by the Socialist Republic of Viet Nam, to the Hmong national minority in Laos, exterminated by Vietnamese conventional and chemical weapons and, finally, to over a million Vietnamese "boat people" who died at sea or sought refuge abroad in their flight to escape the repression carried out in Viet Nam by the Government of the Socialist Republic of Viet Nam.
This shameless accession by the Socialist Republic
of Viet Nam violates and discredits the noble principles and ideals of
the United Nations and jeopardizes the prestige and moral authority of
our world Organization. It represents an arrogant challenge to the international
community, which is well aware of these crimes of genocide committed by
the Vietnamese army in Kampuchea, has constantly denounced and condemned
them since 25 December 1978, the date on which the Vietnamese invasion
of Kampuchea began, and demands that these Vietnamese crimes of genocide
be brought to an end by the total withdrawal of the Vietnamese forces from
Kampuchea and the restoration of the inalienable right of the people of
Kampuchea to decide its own destiny without any foreign interference, as
provided in United Nations resolutions 34/22, 35/6 and 36/5.
13. The Yemen Arab Republic
had acceded to the Convention on 6 April 1989. See also note 35 in chapter
I.2.
14. On 19 July 1999, the Government
of Albania informed the Secretary-General that it had decided to withdraw
its reservation regarding article IX made upon accession. For the text
of the reservation, see United Nations, Treaty Series, vol. 210, p. 332.
15. On 25 June 1990, the Secretary-General received from the Government of Israel the following objection:
"The Government of the State of Israel has noted that the instrument of accession of Bahrain to the [said] Convention contains a declaration in respect of Israel.
In the view of the Government of the State of Israel, such declaration, which is explicitly of a political character, is incompatible with the purpose and objectives of this Convention and cannot in any way affect whatever obligations are binding upon Bahrain under general International Law or under particular Conventions.
The Government of the State of Israel will, in so far
as concerns the substance of the matter, adopt towards Bahrain an attitude
of complete reciprocity".
16. In communications received
on 8 March, 19 and 20 April 1989, respectively, the Governments of the
Union of Soviet Socialist Republics, the Byelorussian Soviet Socialist
Republic and the Ukrainian Soviet Socialist Republic notified the Secretary-General
that they had decided to withdraw the reservation relating to article IX.
For the texts of the reservations, see United Nations, Treaty Series, vol.
190, p. 381, vol.196, p. 345 and vol. 201, p. 368, respectively.
17. On 24 June 1992, the Government
of Bulgaria notified the Secretary-General its decision to withdraw the
reservation to article IX of the Convention, made upon accession. For the
text of the reservation, see United Nations, Treaty Series, vol. 78, p.
318.
18. On 5 January 1998, the
Government of Finland notified the Secretary-General that it had decided
to withdraw its reservation made upon accession to the Convention. For
the text of the reservation, see United Nations, Treaty Series, vol. 346,
p. 324.
19. In a communication received
on 8 December 1989, the Government of Hungary notified the Secretary-General
that it had decided to withdraw the reservation relating to article IX
made upon accession. For the text of the reservation, see United Nations,
Treaty Series, vol. 118, p. 306.
20. In this regard, on 14 October 1996, the Secretary-General received from the Government of Norway, the following communication:
"... In [the view of the Government of Norway], reservations
in respect of article IX of the Convention are incompatible with the object
and purpose of the said Convention. Accordingly, the Government of Norway
does not accept the reservations entered by the Governments of Singapore
and Malaysia to article IX of the Convention."
21. In a communication received
on 19 July 1990, the Government of Mongolia notified the Secretary-General
of its decision to withdraw the reservation relating to article IX made
upon accession. For the text of the reservation see United Nations, Treaty
Series, vol. 587, p. 326.
22. On 16 October 1997, the
Government of Poland notified the Secretary-General that it had decided
to withdraw its reservation with regard to article IX of the Convention
made upon accession. For the text of the reservation see United Nations,
Treaty Series , vol. 78, p. 277.
23. On 2 April 1997, the Government
of Romania informed the Secretary-General that it had decided to withdraw
its reservation with regard to article IX of the Convention. For the text
of the reservation, see United Nations, Treaty Series, vol. 78, p. 314.
24. On 11 January 1990, the Secretary-General received from the Government of the Federal Republic of Germany the following declaration:
"The Government of the Federal Republic of Germany has taken note of the declarations made under the heading "Reservations" by the Government of the United States of America upon ratification of the Convention on the Prevention and Punishment of the Crime of Genocide adopted by the General Assembly of the United Nations on 9 December 1948. The Government of the Federal Republic of Germany interprets paragraph (2) of the said declarations as a reference to article V of the Convention and therefore as not in any way affecting the obligations of the United States of America as a State Party to the Convention."
See also note 14 in chapter I.2.
25. For the Advisory Opinion
of the International Court of Justice of 28 May 1951, see I.C.J., Report
1951, p. 15.
26. For the resolution adopted
on 12 January 1952 by the sixth session of the General Assembly concerning
reservations to multilateral conventions, see Resolution 598 (VI); Official
Records of the General Assembly, Sixth Session, Supplement No. 20 (A/2119),
p. 84.
27. By a notification received
by the Secretary-General on 29 January 1982, the Government of Cuba withdrew
the declaration made on its behalf upon ratification of the said Convention
with respect to the reservations to articles IX and XII by Bulgaria, the
Byelorussian Soviet Socialist Republic, Czechoslovakia, Poland, Romania,
the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist
Republics.
28. On 3 October 1983, the Secretary-General received from the Government of Argentina the following objection:
[The Government of Argentina makes a] formal objection to the declaration of territorial extension issued by the United Kingdom with regard to the Malvinas Islands (and dependencies), which that country is illegally occupying and refers to as the "Falkland Islands". The Argentine Republic rejects and considers null and void the [said declaration] of territorial extension.
With reference to the above-mentioned objection the Secretary-General received, on 28 February 1985, from the Government of the United Kingdom of Great Britain and Northern Ireland the following declaration:
"The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to their right, by notification to the Depositary under the relevant provisions of the above-mentioned Convention, to extend the application of the Convention in question to the Falkland Islands or to the Falkland Islands Dependencies, as the case may be.
For this reason alone, the Government of the United
Kingdom are unable to regard the Argentine [communication] under reference
as having any legal effect."