identifier: ICRC Draft Rules on the protection of civilians in time of war, 1956

title: Draft Rules for the Limitation of the Dangers incurred by the Civilian Population in Time of War. ICRC, 1956

text: Fourth Geneva Convention, article 49

text: All nations are deeply convinced that war should be banned as a means of settling disputes between human communities.

text: However, in view of the need, should hostilities once more break out, of safeguarding the civilian population from the destruction with which it is threatened as a result of technical developments in weapons and methods of warfare,

text: The limits placed by the requirements of humanity and the safety of the population on the use of armed force are restated and defined in the following rules.

text: In cases not specifically provided for, the civilian population shall continue to enjoy the protection of the general rule set forth in Article 1 , and of the principles of international law.

text: Preamble

text: Article 1. Since the right of Parties to the conflict to adopt means of injuring the enemy is not unlimited, they shall confine their operations to the destruction of his military resources, and leave the civilian population outside the sphere of armed attacks.

text: This general rule is given detailed expression in the following provisions:

text: Article 1 - Object

text: Art. 2. The present rules shall apply:

text: (a) In the event of declared war or of any other armed conflict, even if the state of war is not recognized by one of the Parties to the conflict.

text: (b) In the event of an armed conflict not of an international character.

text: Article 2 - Field of application

text: Art. 3. The present rules shall apply to acts of violence committed against the adverse Party by force of arms, whether in defence or offence. Such acts shall be referred to hereafter as "attacks."

text: Article 3 - Definition of term "attacks"

text: Art. 4. For the purpose of the present rules, the civilian population consists of all persons not belonging to one or other of the following categories:

text: (a) Members of the armed forces, or of their auxiliary or complementary organizations.

text: (b) Persons who do not belong to the forces referred to above, but nevertheless take part in the fighting.

text: Article 4 - Definition of term "civilian population"

text: Art. 5. The obligations imposed upon the Parties to the conflict in regard to the civilian population, under the present rules, are complementary to those which already devolve expressly upon the Parties by virtue of other rules in international law, deriving in particular from the instruments of Geneva and The Hague.

text: Article 5 - Relation with previous Conventions

text: Art. 6. Attacks directed against the civilian population, as such, whether with the object of terrorizing it or for any other reason, are prohibited. This prohibition applies both to attacks on individuals and to those directed against groups.

text: In consequence, it is also forbidden to attack dwellings, installations or means of transport, which are for the exclusive use of, and occupied by, the civilian population.

text: Nevertheless, should members of the civilian population, Article 11 notwithstanding, be within or in close proximity to a military objective they must accept the risks resulting from an attack directed against that objective.

text: Article 6 - Immunity of the civilian population

text: Art. 7. In order to limit the dangers incurred by the civilian population, attacks may only be directed against military objectives.

text: Only objectives belonging to the categories of objective which, in view of their essential characteristics, are generally acknowledged to be of military importance, may be considered as military objectives. Those categories are listed in an annex to the present rules.

text: However, even if they belong to one of those categories, they cannot be considered as a military objective where their total or partial destruction, in the circumstances ruling at the time, offers no military advantage.

text: Article 7 - Limitation of objectives which may be attacked

text: Art. 8. The person responsible for ordering or launching an attack shall, first of all:

text: (a) make sure that the objective, or objectives, to be attacked are military objectives within the meaning of the present rules, and are duly identified.

text: When the military advantage to be gained leaves the choice open between several objectives, he is required to select the one, an attack on which involves least danger for the civilian population:

text: (b) take into account the loss and destruction which the attack, even if carried out with the precautions prescribed under Article 9 , is liable to inflict upon the civilian population.

text: He is required to refrain from the attack if, after due consideration, it is apparent that the loss and destruction would be disproportionate to the military advantage anticipated:

text: (c) whenever the circumstances allow, warn the civilian population in jeopardy, to enable it to take shelter.

text: Article 8 - Precautions to be taken in planning attacks

text: Art. 9. All possible precautions shall be taken, both in the choice of the weapons and methods to be used, and in the carrying out of an attack, to ensure that no losses or damage are caused to the civilian population in the vicinity of the objective, or to its dwellings, or that such losses or damage are at least reduced to a minimum.

text: In particular, in towns and other places with a large civilian population, which are not in the vicinity of military or naval operations, the attack shall be conducted with the greatest degree of precision. It must not cause losses or destruction beyond the immediate surroundings of the objective attacked.

text: The person responsible for carrying out the attack must abandon or break off the operation if he perceives that the conditions set forth above cannot be respected.

text: Article 9 - Precautions to be taken in carrying out the attack

text: Art. 10. It is forbidden to attack without distinction, as a single objective, an area including several military objectives at a distance from one another where elements of the civilian population, or dwellings, are situated in between the said military objectives.

text: Article 10 - Target-area bombing

text: Art. 11. The Parties to the conflict shall, so far as possible, take all necessary steps to protect the civilian population subject to their authority from the dangers to which they would be exposed in an attack -- in particular by removing them from the vicinity of military objectives and from threatened areas. However, the rights conferred upon the population in the event of transfer or evacuation under

text: Article 49

text: of the

text: Fourth Geneva Convention

text: of 12 August 1949 are expressly reserved.

text: Similarly, the Parties to the conflict shall, so far as possible, avoid the permanent presence of armed forces, military material, mobile military establishments or installations, in towns or other places with a large civilian population.

text: Article 11 - "Passive" precautions

text: Art. 12. The Parties to the conflict shall facilitate the work of the civilian bodies exclusively engaged in protecting and assisting the civilian population in case of attack.

text: They can agree to confer special immunity upon the personnel of those bodies, their equipment and installations, by means of a special emblem.

text: Article 12 - Civil Defence bodies

text: Art. 13. Parties to the conflict are prohibited from placing or keeping members of the civilian population subject to their authority in or near military objectives, with the idea of inducing the enemy to refrain from attacking those objectives.

text: Article 13 - Intentional exposure to danger

text: Art. 14. Without prejudice to the present or future prohibition of certain specific weapons, the use is prohibited of weapons whose harmful effects -- resulting in particular from the dissemination of incendiary, chemical, bacteriological, radioactive or other agents -- could spread to an unforeseen degree or escape, either in space or in time, from the control of those who employ them, thus endangering the civilian population.

text: This prohibition also applies to delayed-action weapons, the dangerous effects of which are liable to be felt by the civilian population.

text: Article 14 - Prohibited methods of warfare

text: Art. 15. If the Parties to the conflict make use of mines, they are bound, without prejudice to the stipulations of the VIIIth Hague Convention of 1907, to chart the mine-fields. The charts shall be handed over, at the close of active hostilities, to the adverse Party, and also to all other authorities responsible for the safety of the population.

text: Without prejudice to the precautions specified under Article 9 , weapons capable of causing serious damage to the civilian population shall, so far as possible, be equipped with a safety device which renders them harmless when they escape from the control of those who employ them.

text: Article 15 - Safety measures and devices

text: Art. 16. When, on the outbreak or in the course of hostilities, a locality is declared to be an "open town" the adverse Party shall be duly notified. The latter is bound to reply, and if it agrees to recognize the locality in question as an open town, shall cease from all attacks on the said town, and refrain from any military operation the sole object of which is its occupation.

text: In the absence of any special conditions which may, in any particular case, be agreed upon with the adverse Party, a locality, in order to be declared an "open town," must satisfy the following conditions:

text: (a) it must not be defended or contain any armed force;

text: (b) it must discontinue all relations with any nation or allied armed forces;

text: (c) it must stop all activities of a military nature or for a military purpose in those of its installations or industries which might be regarded as military objectives;

text: (d) it must stop all military transit through the town.

text: The adverse Party may make the recognition of the status of "open town" conditional upon verification of the fulfilment of the conditions stipulated above. All attacks shall be suspended during the institution and operation of the investigatory measures.

text: The presence in the locality of civil defence services, or of the services responsible for maintaining public order, shall not be considered as contrary to the conditions laid down in paragraph 2. If the locality is situated in occupied territory, this provision applies also to the military occupation forces essential for the maintenance of public law and order.

text: When an "open town" passes into other hands, the new authorities are bound, if they cannot maintain its status, to inform the civilian population accordingly.

text: None of the above provisions shall be interpreted in such a manner as to diminish the protection which the civilian population should enjoy by virtue of the other provisions of the present rules, even when not living in localities recognized as "open towns."

text: Article 16 - "Open towns"

text: Art. 17. In order to safeguard the civilian population from the dangers that might result from the destruction of engineering works or installations -- such as hydro-electric dams, nuclear power stations or dikes -- through the releasing of natural or artificial forces, the States or Parties concerned are invited:

text: (a) to agree, in time of peace, on a special procedure to ensure in all circumstances the general immunity of such works where intended essentially for peaceful purposes:

text: (b) to agree, in time of war, to confer special immunity, possibly on the basis of the stipulations of Article 16 , on works and installations which have not, or no longer have, any connexion with the conduct of military operations.

text: The preceding stipulations shall not, in any way, release the Parties to the conflict from the obligation to take the precautions required by the general provisions of the present rules, under Articles 8 to 11 in particular.

text: Article 17 - Installations containing dangerous forces

text: Art. 18. States not involved in the conflict, and also all appropriate organizations, are invited to co-operate, by lending their good offices, in ensuring the observance of the present rules and preventing either of the Parties to the conflict from resorting to measures contrary to those rules.

text: (1) Articles 18 and 19 , dealing with the procedure for supervision and sanctions, are merely given as a rough guide and in outline; they will naturally have to be elaborated and supplemented at a later stage. ' (Note in the original). '

text: Article 18 - Assistance of third parties

text: Art. 19. All States or Parties concerned are under the obligation to search for and bring to trial any person having committed, or ordered to be committed, an infringement of the present rules, unless they prefer to hand the person over for trial to another State or Party concerned with the case.

text: The accused persons shall be tried only by regular civil or military courts; they shall, in all circumstances, benefit by safeguards of proper trial and defence at least equal to those provided under Articles 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949.

text: (1) Articles 18 and 19 dealing with the procedure for supervision and sanctions, are merely given as a rough guide and in outline; they will naturally have to be elaborated and supplemented at a later stage. ' (Note in the original). '

text: Article 19 - Trial and judicial safeguards

text: Art. 20. All States or Parties concerned shall make the terms of the provisions of the present rules known to their armed forces and provide for their application in accordance with the general principles of these rules, not only in the instances specifically envisaged in the rules, but also in unforeseen cases.

text: Article 20 - Diffusion and details of application

summary: In many ways these Draft Rules were a continuation of the efforts that the ICRC had begun since 1920 to persuade States to adopt treaty rules to protect civilian populations from the effects of bombardment, taking into account the rapid development of new methods and means of warfare. The Board of Governors in 1954 asked the ICRC to propose a text to the following International Conference of the Red Cross particularly with a view to "protect civilian populations efficiently from the dangers of atomic, chemical and bacteriological warfare". The ICRC drew up the Draft Rules with the help of experts and submitted the text to the XIXth Conference of the Red Cross which took place in New Delhi in 1957. Resolution XIII of this Conference encouraged the ICRC to submit to governments the text together with the amendments proposed during the Conference. As there was virtually no reaction by governments, no further action could be taken at the time. It is particularly noteworthy that many of the provisions in these Draft Rules resemble provisions finally adopted in the 1977 Protocols additional to the Geneva Conventions. The Draft Rules are published with Commentary. The amendments proposed during the 1957 Red Cross Conference in New Delhi are published in the "XIXth International Conference of the Red Cross, New Delhi, October-November 1957; Final Record concerning The Draft Rules for the Limitation of the Dangers incurred by the Civilian Population in Time of War" ICRC, Geneva, April 1958.


doctype: treaty

identifier: Tehran Resolution on Human Rights in Armed Conflict, 1968

languages: English Spanish French Russian

title: Human Rights in Armed Conflicts. Resolution XXIII adopted by the International Conference on Human Rights. Tehran, 12 May 1968.

text: Geneva Conventions

text: Geneva Conventions

text: Geneva Conventions

text: Geneva Conventions

text: The International Conference on Human Rights,

type: stycke

text: ' Considering ' that peace is the underlying condition for the full observance of human rights and war is their negation,

text: ' Believing ' that the purpose of the United Nations Organization is to prevent all conflicts and to institute an effective system for the peaceful settlement of disputes,

text: ' Observing ' that nevertheless armed conflicts continue to plague humanity,

text: ' Considering, ' also, that the widespread violence and brutality of our times, including massacres, summary executions, tortures, inhuman treatment of prisoners, killing of civilians in armed conflicts and the use of chemical and biological means of warfare, including napalm bombing, erode human rights land engender counter-brutality,

text: ' Convinced ' that even during the periods of armed conflict, humanitarian principles must prevail,

text: ' Noting ' that the provisions of the Hague Conventions of 1899 and 1907 were intended to be only a first step in the provision of a code prohibiting or limiting the use of certain methods of warfare and that they were adopted at a time when the present means and methods of warfare did not exist,

text: ' Considering ' that the provisions of the Geneva Protocol of 1925 prohibiting the use of "asphyxiating, poisonous or other gases and of all analogous liquids materials and devices" have not been universally accepted or applied and may need a revision in the light of modern development,

text: ' Considering ' further that the Red Cross Geneva Conventions of 1949 are not sufficiently broad in scope to cover all armed conflicts,

text: ' Noting ' that States parties to the Red Cross Geneva Conventions sometimes fail to appreciate their responsibility to take steps to ensure the respect of these humanitarian rules in all circumstances by other States, even if they are not themselves directly involved in an armed conflict,

text: ' Noting also ' that minority racist or colonial régimes which refuse to comply with the decisions of the United Nations and the principles of the Universal Declaration of Human Rights frequently resort to executions and inhuman treatment of those who struggle against such régimes and considering that such persons should be protected against inhuman or brutal treatment and also that such persons if detained should be treated as prisoners of war or political prisoners under international law,

text: 1. ' Requests ' the General Assembly to invite the Secretary-General to study:

text: (a) Steps which could be taken to secure the better application of existing humanitarian international conventions and rules in all armed conflicts;

text: (b) The need for additional humanitarian international conventions or for possible revision of existing Conventions to ensure the better protection of civilians, prisoners and combatants in all armed conflicts and the prohibition and limitation of the use of certain methods and means of warfare;

text: 2. ' Requests ' the Secretary-General, after consultation with the International Committee of the Red Cross, to draw the attention of all States members of the United Nations system to the existing rules of international law on the subject and urge them, pending the adoption of new rules of international law relating to armed conflicts, to ensure that in all armed conflicts the inhabitants and belligerents are protected in accordance with "the principles of the law of nations derived from the usages established among civilized peoples, from the laws of humanity and from the dictates of the public conscience;"

text: 3. ' Calls ' on all States which have not yet done so to become parties to the Hague Conventions of 1899 and 1907, the Geneva Protocol of 1925, and the Geneva Conventions of 1949.

text: Resolution

type: artikel

summary: This Resolution reaffirms, in paragraph two, the famous de Martens clause included in the preambles of the Hague Conventions of 1899 and 1907 concerning the laws and customs of war according to which states in armed conflict shall apply "the principles of the law of nations derived from the usages established among civilized peoples, from the laws of humanity and from the dictates of the public conscience." The International Conference on Human Rights was convened by the United Nations on the occasion of the International Year for Human Rights (twentieth anniversary of the Universal Declaration of Human Rights). D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.261-262.

type: internationell-overenskommelse


identifier: Convention Statutory Limitations to War Crimes, 1968

depositary: United Nations

languages: English Chinese Spanish French Russian

publisher: International Committee of the Red Cross

title: Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, 26 November 1968.

action: accession

country: India

country: Nigeria

country: Bulgaria

action: declaration

reservation: Declaration made upon ratification : The People's Republic of Bulgaria deems it necessary at the same time to declare that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, which prevent a number of States from signing the Convention or acceding to it, are contrary to the principle of the sovereign equality of States. SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992, p.164.

action: signature

country: Kuwait

country: Slovakia

action: succession

country: Croatia

country: Kenya

country: Bosnia and Herzegovina

country: Belarus

reservation: Declaration made upon ratification : The Byelorussian Soviet Socialist Republic declares that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, which prevent certain States from signing the Convention or acceding to it, are contrary to the principle of the sovereign equality of States. SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992, p.164.

country: Liberia

country: Romania

reservation: Declaration made upon ratification : The State Council of the Socialist Republic of Romania states that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity are not compatible with the principle that multilateral international treaties, the subject and purpose of which concern the international community as a whole, should be open for universal participation. SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992, p.165.

country: Montenegro

country: Lao People's Democratic Republic

reservation: Declaration made upon accession : The Lao People's Democratic Republic accedes to the above-mentioned Convention and undertakes to implement faithfully all its clauses, except for the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity adopted by the United Nations General Assembly on 26 November 1968, which contravene the principle of the sovereign equality of States. The Convention should be open to universal participation in accordance with the purposes and principles of the Charter of the United Nations. SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992, p.165.

country: Rwanda

country: Afghanistan

reservation: Declaration made upon accession : Since the provisions of articles V and VII of the said Convention, according to which some States cannot become a party to the Convention, are not in conformity with the universal character of the Convention, the Presidium of the Revolutionary Council of the Democratic Republic of Afghanistan states that, on the basis of the principle of the sovereign equality of States, the Convention should remain open to all States. SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992, p.164

country: Yemen

country: Poland

reservation: Declaration made upon ratification : The Polish People's Republic considers that the dispositions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, adopted by the General Assembly on the 26th of November 1968, make it impossible for a number of States to become parties to the Convention and are therefore of a discriminatory character which is contradictory to the object and aims of this Convention. The Polish People's Republic is of the opinion that, in accordance with the principle of sovereign equality of States, the Convention should be open to all States without any discrimination and limitation." SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992, p.165.

country: Paraguay

country: Czech Republic

country: Argentina

country: Armenia

country: Nicaragua

country: Republic of Moldova

country: Mongolia

reservation: Declaration made upon ratification : The Mongolian People's Republic deems it necessary to state that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity have discriminatory nature and seek to preclude certain States from participation in the Convention and declares that as the Convention deals with matters affecting the interests of all States it should be open to participation by all States without any discrimination or restriction." SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992, p.165.

country: Saint Vincent and the Grenadines

country: Slovenia

country: Philippines

country: Ukraine

reservation: Declaration made upon ratification : The Ukrainian Soviet Socialist Republic declares that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, which prevent certain States from signing the Convention or acceding to it, are contrary to the principle of the sovereign equality of States. SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992, p.165.

reservation: Declaration made upon accession : The Government of the Socialist Republic of Viet Nam deems it necessary to state in accordance with the principle of sovereign equality of States that the Convention should be open to all States without any discrimination and limitation. SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992, p.165.

reservation: Declaration made upon accession : The Government of the Republic of Cuba declares that it regards the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity as discriminatory and contrary to the principle of the equality of States. SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992, p.164.

reservation: Declaration made upon ratification : The Government of the Hungarian People's Republic declares that the provisions contained in articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity adopted by the General Assembly of the United Nations on November 26, 1968, which deny the possibility to certain States to become signatories to the Convention are of discriminatory nature, violate the principles of sovereign equality of States and are more particularly incompatible with the objectives and purposes of the said Convention." SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992, p.165.

reservation: Declaration made upon accession : The Government of the Republic of Guinea considers that the dispositions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, adopted by the General Assembly on 26 November 1968, make it impossible for a number of States to become parties to the Convention and are therefore of a discriminatory character which is contradictory to the object and aims of this Convention. The Government of the Republic of Guinea is of the opinion that, in accordance with the principle of sovereign equality of States, the Convention should be open to all States without any discrimination and limitation. SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992, p.165.

reservation: Interpretative declaration : In accordance with article 14 of the Constitution of the United Mexican States, the Government of Mexico, when ratifying the Convention on the non-applicability of statutory limitations to war crimes and crimes against humanity, adopted by the General Assembly of the United Nations on 26 November 1968, will do so on the understanding that it will consider statutory limitations non-applicable only to crimes dealt with in the Convention which are committed after the entry into effect of the Convention with respect to Mexico.

reservation: Declaration made upon ratification : The Union of Soviet Socialist Republics declares that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, which prevent certain States from signing the Convention or acceding to it, are contrary to the principle of the sovereign equality of States. SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992, p.165.

reservation: Declaration made upon accession : The Government of the People's Republic of Albania states that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity are unacceptable because, in preventing a number of States from becoming parties to the Convention, they are discriminatory in nature and thus violate the principle of the sovereign equality of States and are incompatible with the spirit and purposes of the Convention. SOURCE : Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1991, United Nations, New York, 1992

reservation: Declaration: In conformity with article 103 of its Political Constitution, the Peruvian State accedes to the 'Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity', adopted by the General Assembly of the United Nations on 26 November 1968, with respect to crimes covered by the Convention that are committed after its entry into force for Peru.

text: Convention on the Prevention and Punishment of the Crime of Genocide

text: The States Parties to the present Convention,

text: Recalling resolutions of the General Assembly of the United Nations 3 (I) of 13 February 1946 and 170 (II) of 31 October 1947 on the extradition and punishment of war criminals, resolution 95 (I) of 11 December 1946 affirming the principles of international law recognized by the Charter of the International Military Tribunal, Nürnberg, and the judgment of the Tribunal, and resolutions 2184 (XXI) of 12 December 1966 and 2202 (XXI) of 16 December 1966 which expressly condemned as crimes against humanity the violation of the economic and political rights of the indigenous population on the one hand and the policies of apartheid on the other,

text: Recalling resolutions of the Economic and Social Council of the United Nations 1074 D (XXXIX) of 28 July 1965 and 1158 (XLI) of 5 August 1966 on the punishment of war criminals and of persons who have committed crimes against humanity,

text: Noting that none of the solemn declarations, instruments or conventions relating to the prosecution and punishment of war crimes and crimes against humanity made provision for a period of limitation,

text: Considering that war crimes and crimes against humanity are among the gravest crimes in international law,

text: Convinced that the effective punishment of war crimes and crimes against humanity is an important element in the prevention of such crimes, the protection of human rights and fundamental freedoms, the encouragement of confidence, the furtherance of co-operation among peoples and the promotion on international peace and security,

text: Noting that the application to war crimes and crimes against humanity of the rules of municipal law relating to the period of limitation for ordinary crimes is a matter of serious concern to world public opinion, since it prevents the prosecution and punishment of persons responsible for those crimes,

text: Recognizing that it is necessary and timely to affirm in international law, through this Convention, the principle that there is no period of limitation for war crimes and crimes against humanity, and to secure its universal application,

text: have agreed as follows:

text: Preamble

text: No statutory limitation shall apply to the following crimes, irrespective of the date of their commission:

text: (a) War crimes as they are defined in the Charter of the International Military Tribunal, Nürnberg, of 8 August 1945 and confirmed by resolutions 3 (I) of 13 February 1946 and 95 (I) of 11 December 1946 of the General Assembly of the United Nations, particularly the "grave breaches" enumerated in the Geneva Convention of 12 August 1949 for the protection of war victims;

text: (b) Crimes against humanity whether committed in time of war or in time of peace as they are defined in the Charter of the International Military Tribunal, Nürnberg, of 8 August 1945 and confirmed by resolutions 3 (I) of 13 February 1946 and 95 ((I) of 11 December 1946 of the General Assembly of the United Nations, eviction by armed attack or occupation and inhuman acts resulting from the policy of apartheid, and the crime of genocide as defined in the 1948

text: , even if such acts do not constitute a violation of the domestic law of the country in which they were committed.

text: Article I

text: If any of the crimes mentioned in Article I is committed, the provisions of this Convention shall apply to representatives of the State authority and private individuals who, as principals or accomplices, participate in or who directly incite others to the commission of any of those crimes, or who conspire to commit them, irrespective of the degree of completion, and to representatives of the State authority who tolerate their commission.

text: Article II

text: The States Parties to the present Convention undertake to adopt all necessary domestic measures, legislative or otherwise, with a view to making possible the extradition, in accordance with international law, of the persons referred to in article II of this Convention.

text: Article III

text: The States Parties to the present Convention undertake to adopt, in accordance with their respective constitutional processes, any legislative or other measures necessary to ensure that statutory or other limitations shall not apply to the prosecution and punishment of the crimes referred to in articles I and II of this Convention and that, where they exist, such limitations shall be abolished.

text: Article IV

text: This Convention shall, until 31 December 1969, be open for signature by any State Member of the United Nations or member of any of its specialized agencies or of the International Atomic Energy Agency, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to this Convention.

text: Article V

text: This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

text: Article VI

text: This Convention shall be open to accession by any State referred to in article V . Instruments of accession shall be deposited with the Secretary-General of the United Nations.

text: Article VII

text: 1. This Convention shall enter into force on the ninetieth day after the date of the deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession.

text: 2. For each State ratifying this Convention or acceding to it after the deposit of the tenth instrument of ratification or accession, the Convention shall enter into force on the ninetieth day after the date of the deposit of its own instrument of ratification or accession.

text: Article VIII

text: 1. After the expiry of a period of ten years from the date on which this Convention enters into force, a request for the revision of the Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General of United Nations.

text: 2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such a request.

text: Article IX

text: 1. This Convention shall be deposited with the Secretary-General of the United Nations.

text: 2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States referred to in Article V .

text: 3. The Secretary-General of the United Nations shall inform all States referred to in Article V of the following particulars:

text: (a) Signatures of this Convention, and instruments of ratification and accession deposited under articles V , VI and VII ;

text: (b) The date of entry into force of this Convention in accordance with article VIII ;

text: (c) Communications received under article IX .

text: Article X

text: This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of 26 November 1968.

text: IN WITNESS WHEREOF the undersigned, being duly authorized for that purpose, have signed this Convention.

text: Article XI

summary: The present Convention was occasioned by the fear, which grew in the mid-1960's, that German war criminals of World War II, who had not yet been apprehended, might escape prosecution because of the expiration of the periods of limitation applicable to their crimes. The Convention was prepared by the Human Rights Commission and thereafter adopted and opened for signature by the General Assembly of the United Nations. It will be noted that the definition of "crimes against humanity" was broadened compared with the definition contained in the Charter of the Nüremberg Tribunal. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.925-928.


identifier: United Nations Resolution on Human Rights in Armed Conflicts, 1968

title: Respect for Human Rights in Armed Conflicts. Resolution 2444 (XXIII) of the United Nations General Assembly, 19 December 1968.

text: Geneva Conventions

text: Geneva Conventions

text: Geneva Conventions

text: Geneva Conventions

text: The General Assembly,

text: ' Recognizing ' the necessity of applying basic humanitarian principles in all armed conflicts,

text: ' Taking note ' of resolution XXIII on human rights in armed conflicts, adopted on 12 May 1968 by the International Conference on Human Rights,

text: ' Affirming ' that the provisions of that resolution need to be implemented effectively as soon as possible,

text: 1. ' Affirms ' resolution XXVIII of the XXth International Conference of the Red Cross held at Vienna in 1965, which laid down, inter alia, the following principles for observance by all governmental and other authorities responsible for action in armed conflicts:

text: (a) That the right of the parties to a conflict to adopt means of injuring the enemy is not unlimited;

text: (b) That it is prohibited to launch attacks against the civilian populations as such;

text: (c) That distinction must be made at all times between persons taking part in the hostilities and members of the civilian population to the effect that the latter be spared as much as possible;

text: 2. ' Invites ' the Secretary-General, in consultation with the International Committee of the Red Cross and other appropriate international organizations, to study:

text: (a) Steps which could be taken to secure the better application of existing humanitarian international conventions and rules in all armed conflicts;

text: (b) The need for additional humanitarian international conventions or for other appropriate legal instruments to ensure the better protection of civilians, prisoners and combatants in all armed conflicts and the prohibition and limitation of the use of certain methods and means of warfare;

text: 3. ' Requests ' the Secretary-General to take all other necessary steps to give effect to the provisions of the present resolution and to report to the General Assembly at its twenty-fourth session on the steps he has taken;

text: 4. ' Further requests ' Member States to extend all possible assistance to the Secretary-General in the preparation of the study requested in paragraph 2 above;

text: 5. ' Calls upon ' all States which have not yet done so to become parties to the Hague Conventions of 1899 and 1907, the Geneva Protocol of 1925 and the Geneva Conventions of 1949.

text: Resolution

summary: Resolution 2444 (XXIII) affirms, in paragraph 1, the resolution on the protection of civilian populations against the dangers of indiscriminate warfare, which was adopted by the international Conference of the Red Cross in Vienna in 1965. However, of the four principles of international law laid down in the Red Cross resolution, only three are expressly repeated in the UN resolution. D. Schindler and J. Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.263-264.


identifier: Institute of International Law Resolution on Military Objectives, 1969

title: The Distinction between Military Objectives and Non-Military Objectives in General and Particularly the Problems Associated with Weapons of Mass Destruction. Institute of International Law, Edinburgh, 9 September 1969.

text: The Institute of International Law,

text: ' Reaffirming ' the existing rules of international law whereby the recourse to force is prohibited in international relations,

text: ' Considering ' that, if an armed conflict occurs in spite of these rules, the protection of civilian populations is one of the essential obligations of the parties,

text: ' Having in mind ' the general principles of international law, the customary rules and the conventions and agreements which clearly restrict the extent to which the parties engaged in a conflict may harm the adversary,

text: ' Having also in mind ' that these rules, which are enforced by international and national courts, have been formally confirmed on several occasions by a large number of international organizations and especially by the United Nations Organization,

text: ' Being of the opinion ' that these rules have kept their full validity notwithstanding the infringements suffered,

text: ' Having in mind ' that the consequences which the indiscriminate conduct of hostilities and particularly the use of nuclear, chemical and bacteriological weapons, may involve for civilian populations and for mankind as a whole,

text: ' Notes ' that the following rules form part of the principles to be observed in armed conflicts by any ' de jure ' or ' de facto ' government, or by any other authority responsible for the conduct of hostilities:

text: 1. The obligation to respect the distinction between military objectives and non-military objects as well as between persons participating in the hostilities and members of the civilian population remains a fundamental principle of the international law in force.

text: 2. There can be considered as military objectives only those which, by their very nature or purpose or use, make an effective contribution to military action, or exhibit a generally recognized military significance, such that their total or partial destruction in the actual circumstances gives a substantial, specific and immediate military advantage to those who are in a position to destroy them.

text: 3. Neither the civilian population nor any of the objects expressly protected by conventions or agreements can be considered as military objectives, nor yet

text: (a) under whatsoever circumstances the means indispensable for the survival of the civilian population,

text: (b) those objects which, by their nature or use, serve primarily humanitarian or peaceful purposes such as religious or cultural needs.

text: 4. Existing international law prohibits all armed attacks on the civilian populations as such, as well as on non-military objects, notably dwellings or other buildings sheltering the civilian population, so long as these are not used for military purposes to such an extent as to justify action against them under the rules regarding military objectives as set forth in the second paragraph hereof.

text: 5. The provisions of the preceding paragraphs do not affect the application of the existing rules of international law which prohibit the exposure of civilian populations and of non-military objects to the destructive effects of military means.

text: 6. Existing international law prohibits, irrespective of the type of weapon used, any action whatsoever designed to terrorize the civilian population.

text: 7. Existing international law prohibits the use of all weapons which, by their nature, affect indiscriminately both military objectives and non-military objects, or both armed forces and civilian populations. In particular, it prohibits the use of weapons the destructive effect of which is so great that it cannot be limited to specific military objectives or is otherwise uncontrollable (self-generating weapons), as well as of "blind" weapons.

text: 8. Existing international law prohibits all attacks for whatsoever motive or by whatsoever means for the annihilation of any group, region or urban centre with no possible distinction between armed forces and civilian populations or between military objectives and non-military objects.

text: Resolution

summary: The Institute of International Law adopted this resolution at the session held in Edinburgh on September 9th, 1969, This resolution is intended to state the existing law. It was adopted by 60 votes to one, with two abstentions. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.265-266.


identifier: Convention on the Prohibition of Biological Weapons, 1972

depositary: United States of America

title: Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction. Opened for Signature at London, Moscow and Washington. 10 April 1972.

country: Madagascar

country: Barbados

country: Türkiye

country: Ireland

country: Honduras

country: Algeria

country: Iceland

country: Japan

country: Eswatini

country: Burkina Faso

country: Kyrgyzstan

country: Islamic Republic of Iran

country: Liberia

country: Togo

country: Turkmenistan

country: Portugal

country: Spain

country: Uruguay

country: Slovakia

reservation: In a Note dated 17 May 1993, the Ministry of Foreign Affairs of the Slovak Republic notified the Foreign and Commonwealth Office of the following: "In conformity with the valid principles of international law and to the extent defined by it, the Slovak Republic as one of the successor States to the Czech and Slovak Federal Republic, considers itself bound, as of 1st January 1993, i.e. the date of the dissolution of the Czech and Slovak Federal Republic, by multilateral international treaties to wich the Czech and Slovak Federal Republic was a party on that date, including reservations and declarations to their provisions made earlier by the Czech and Slovak Federal Republic. From among the treaties deposited with the Government of the United Kingdom of Great Britain and Northern Ireland this applies to the following: Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, done at London, Moscow and Washington on 10 April 1972." SOURCE: Foreign and Commonwealth Office Nationality, Treaty and Claims Department Treaty Section (Ref: NTT 374/9) London, 19.02.1995

reservation: Reservation made upon ratification: "Malaysia's ratification of this Convention does not in any way constitute recognition of the States of Israel and South Africa nor does it consider itself duty bound by Article VII to provide assistance to those two States."

reservation: Declaration made concerning its depositary functions: "In a statement dated 27 April 1972, communicated to all States recognised by the United Kingdom, Her Majesty's Government recalled their view that if a régime is not recognised as the Government of a State, neither signature nor the deposit of any instrument by it, nor notification of any of those acts will bring about recognition of that régime by any other State." SOURCE: UNTS, vol.1015, p.237. ***** Declaration made upon ratification at London, Moscow and Washington: "..that the provisions of the Convention shall not apply in regard to Southern Rhodesia unless and until the Government of the United Kingdom informs the other depositary Governments that it is in a position to ensure that the obligations imposed by the Convention in respect of that territory can be fully implemented." SOURCE: UNTS, vol.1015, p.241.

reservation: Declaration made upon signature and reiterated upon ratification: "India has stood for the elimination of both chemical and bacteriological (biological) weapons. However, in view of the situation that developed in regard to the discussions concerning biological and chemical weapons, it became possible to reach agreement at the present moment on a Convention on the elimination of biological and toxin weapons only. Negotiations would need to be continued for the elimination of chemical weapons also. It has been recognised that, both in regard to the Convention on biological and toxin weapons and in respect of future negotiations concerning chemical weapons, the Geneva Protocol of 1925 should be safeguarded and the inseparable link between prohibition of biological and chemical weapons should be maintained. India's position on the Convention on biological and toxin weapons has been outlined in the statements of the representative of India before the Conference of the Committee on Disarmament (CCD) and the First Committee of the General Assembly. The Government of India would like to reiterate in particular its understanding that the objective of the Convention is to eliminate biological and toxin weapons, thereby excluding completely the possibility of their use, and that the exemption in regard to biological agents or toxins, which would be permitted for prophylactic, protective or other peaceful purposes would not, in any way, create a loophole in regard to the production or retention of biological and toxin weapons. Also, any assistance which might be furnished under the terms of the Convention, would be of medical or humanitarian nature and in conformity with the Charter of the United Nations. India's support to the Convention on biological and toxin weapons is based on these main considerations. It is India's earnest hope that the Convention will be adhered to by all States, including all the major Powers at a very early date." SOURCE. UNTS, Vol.1015, pp.232-233. ***** Declaration made upon ratification: "The Government of India's position on the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, has already been made clear on the occasion of its signature." SOURCE. UNTS, Vol.1015, pp.232-233.

reservation: Declaration made upon ratification: At London and Washington: Understanding "In ratifying the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and their Destruction, 1972, the Government of the State of Kuwait takes the view that its ratification of the said Convention does not in any way imply its recognition of Israel, nor does it oblige it to apply the provisions of the aforementioned Convention in respect of the said country." "In tendering this "Understanding" the Government of the State of Kuwait reaffirms its position in accepting the obligations it has undertaken to assume by virtue of its ratification of the said Convention. It also confirms that the last clause of the "Understanding" does not prejudice the said indivisible obligations." At Moscow: "In ratifying the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, 1972, the Government of the State of Kuwait takes the view that its ratification of the said Convention does not in any way imply its recognition of Israel, nor does it oblige it to apply the provisions of the aforementioned Convention in respect of the said country." SOURCE: UNTS, Vol.1015, p.238-239.

reservation: Declaration made upon signature in London, Moscow and Washington: 1. In Switzerland, the Convention will not be submitted for parliamentary approval prior to ratification until it has attained that degree of universality deemed necessary by the Swiss Government. 2. Owing to the fact that the Convention applies also to arms, equipment or means of delivery designed for the use of biological agents or toxins, the delimitation of its sphere of application may give rise to difficulties, since there are scarcely any arms, equipment or means of delivery designed for such use. Switzerland now reserves the right to decide for itself which auxiliary means come under this definition. 3. Owing to the obligations resulting from its status as a perpetually neutral State, Switzerland is bound to make the general reservation that its co-operation within the framework of this Convention cannot go beyond what this status prescribes. This reservation relates especially to Article VII of the Convention as well as any analogous clause which may replace or complete this provision in the Convention (or in any other arrangement). SOURCE: UNTS, vol 1015, p.237 ***** On ratification of the Convention, the last two paragraph will be repeated as formal reservations: 1. Owing to the fact that the Convention also applies to weapons, equipment or means of delivery designed to use such biological agents or toxins, the delimitation of its scope of application can cause difficulties since there are scarcely any weapons, equipment or means of delivery peculiar to such use; therefore, Switzerland reserves the right to decide for itself what auxiliary means fall within that definition. 2. By reason of the obligations resulting from its status as a perpetually neutral State, Switzerland is bound to make the general reservation that its collaboration within the framework of this Convention cannot go beyond the terms prescribed by that status. This reservation refers especially to Article VII of the Convention as well as to any similar clause that could replace or supplement that provision of the Convention (or any other arrangement). SOURCE: Status of Multilateral Arms Regulation and Disarmament Agreements, New York 1987, pp. 131-132.

reservation: Declaration made upon ratification at Washington: The Embassy of the Union of Soviet Socialist Republics refers to the Department of State's Note dated April 6, 1973, regarding the deposit by a representative of Chiang-Kai-Shek of an instrument of ratification of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, and hereby confirms the position of the Soviet Union regarding the illegality of the above-mentioned act, inasmuch as the Chiang-Kai-Shek clique does not represent anyone and does not have the right to act in the name of China; the government of the Chinese People's Republic is the sole representative of China. At Moscow: The Soviet Government is of the opinion that, as decisions of the General Assembly have repeatedly stated, the United Kingdom bears full responsibility with regard to Southern Rhodesia until the people of that Territory achieve real independence. This fully applies to the Convention in question also. SOURCE: UNTS, vol 1015, p.240, translation supplied by the Government of the United States of America.

reservation: Declaration made upon accession at Washington: "As regards the statement of the Embassy of the USSR, the Ambassador wishes to express that the Republic of China is a sovereign State and its Government in exercising its sovereignty has the right to sign and to ratify the Convention. The said Soviet statement is malicious and invalid and should, therefore, be rejected." ***** Declaration made upon accession in London, Moscow and Washington: "1. The basic spirit of the Convention on the Prohibition of Biological Weapons conforms to China's consistent position and is conducive to the efforts of the world's peace-loving countries and peoples in fighting against aggression and maintaining world peace. China once was one of the victims of biological (bacteriological) weapons. China has not produced or possessed such weapons and will never do so in the future. However, the Chinese Government considers that the Convention has its defects. For instance, it fails to provide in explicit terms for the 'prohibition of the use of' biological weapons and the concrete and effective measures for supervision and verification; and it lacks forceful measures of sanctions in the procedure of complaint against instances of violation of the Convention. It is the hope of the Chinese Government that these defects may be made up or corrected at an appropriate time. "2. It is also the hope of the Chinese Government that a convention on complete prohibition and thorough destruction of chemical weapons will soon be concluded. "3. The signature and ratification of the Convention by the Taiwan authorities in the name of China on 10 April 1972 and 9 February 1973 are illegal and null and void." SOURCE: Status of Multilateral Arms Regulation and Disarmament Agreements, New York, 1987, p.129.

reservation: Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and their Destruction, 1972, shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind therewith." SOURCE: Notification of the Foreign & Commonwealth Office, London, 3 June 1991.

reservation: Reservation made upon ratification: "Considering the obligations resulting from its status as a permanently neutral State, the Republic of Austria declares a reservation to the effect that its co-operation within the framework of this Convention cannot exceed the limits determined by the status of permanent neutrality and membership with the United Nations. "This reservation refers in particular to Article VII of this Convention as well as to any similar provision replacing or supplementing this article." SOURCE: UNTS, Vol.1015, pp.237-238.

reservation: In a Note dated 24 March 1993, received on 5 April 1993 the Minister of Foreign Affairs for the Czech Republic notified the Secretary of State for Foreign and Commonwealth Affairs of the following: "Upon the Instruction of the Government of the Czech Republic and referring to the Declaration of the Czech National Council to All Parliaments and Nations of the World of 17 December 1992, I have the honor to communicate to Your Excellency the following: In conformity with the valid principles of international law and to the extent defined by it, the Czech Republic, as a successor State to the Czech and Slovak Federal Republic, considers itself bound, as of 1 January 1993, i.e. the date of the dissolution of the Czech and Slovak Federal Republic, by multilateral international treaties to wich the Czech and Slovak Federal Republic was a party on that date,including reservations and declarations to their provisions made earlier by the Czech and Slovak Federal Republic. From among the treaties deposited with the Government of the United Kingdom of Great Britain and Northern Ireland this applies also to the following: Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, done at London, Washington and Moscow on 10 April 1972." SOURCE: Foreign and Commonwealth Office Nationality, Treaty and Claims Department Treaty Section (Ref. NTT 374/9) London, 19.01.1995

text: The States Parties to this Convention,

text: Determined to act with a view to achieving effective progress towards general and complete disarmament, including the prohibition and elimination of all types of weapons of mass destruction, and convinced that the prohibition of the development, production and stockpiling of chemical and bacteriological (biological) weapons and their elimination, through effective measures, will facilitate the achievement of general and complete disarmament under strict and effective international control.

text: Recognising the important significance of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925, and conscious also of the contribution which the said Protocol has already made, and continues to make, to mitigating the horrors of war,

text: Reaffirming their adherence to the principles and objectives of that Protocol and calling upon all States to comply strictly with them,

text: Recalling that the General Assembly of the United Nations has repeatedly condemned all actions contrary to the principles and objectives of the Geneva Protocol of 17 June 1925,

text: Desiring to contribute to the strengthening of confidence between peoples and the general improvement of the international atmosphere,

text: Desiring also to contribute to the realisation of the purposes and principles of the Charter of the United Nations,

text: Convinced of the importance and urgency of eliminating from the arsenals of States, through effective measures, such dangerous weapons of mass destruction as those using chemical or bacteriological (biological) agents,

text: Recognising that an agreement on the prohibition of bacteriological (biological) and toxin weapons represents a first possible step towards the achievement of agreement on effective measures also for the prohibition of the development, production and stockpiling of chemical weapons, and determined to continue negotiations to that end,

text: Determined, for the sake of all mankind, to exclude completely the possibility of bacteriological (biological) agents and toxins being used as weapons,

text: Convinced that such use would be repugnant to the conscience of mankind and that no effort should be spared to minimise this risk,

text: Have agreed as follows:

text: Preamble

text: Each State Party to this Convention undertakes never in any circumstances to develop, produce, stockpile or otherwise acquire or retain:

text: 1. microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes;

text: 2. weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict.

text: Article I

text: Each State Party to this Convention undertakes to destroy, or to divert to peaceful purposes, as soon as possible but not later than nine months after the entry into force of the Convention, all agents, toxins, weapons, equipment and means of delivery specified in Article I of the Convention, which are in its possession or under its jurisdiction or control. In implementing the provisions of this Article all necessary safety precautions shall be observed to protect populations and the environment.

text: Article II

text: Each State Party to this Convention undertakes not to transfer to any recipient whatsover, directly or indirectly, and not in any way to assist, encourage, or induce any State, group of States or international organisations to manufacture or otherwise acquire any of the agents, toxins, weapons, equipment or means of delivery specified in Article I of the Convention.

text: Article III

text: Each State Party to this Convention shall, in accordance with its constitutional processes, take any necessary measures to prohibit and prevent the development, production, stockpiling, acquisition or retention of the agents, toxins, weapons, equipment and means of delivery specified in Article I of the Convention, within the territory of such State, under its jurisdiction or under its control anywhere.

text: Article IV

text: The States Parties to this Convention undertake to consult one another and to cooperate in solving any problems which may arise in relation to the objective of, or in the application of the provisions of, the Convention. Consultation and cooperation pursuant to this Article may also be undertaken through appropriate international procedures within the framework of the United Nations and in accordance with its Charter.

text: Article V

text: 1. Any State Party to this Convention which finds that any other State Party is acting in breach of obligations deriving from the provisions of the Convention may lodge a complaint with the Security Council of the United Nations. Such a complaint should include all possible evidence confirming its validity, as well as a request for its consideration by the Security Council.

text: 2. Each State Party to this Convention undertakes to co-operate in carrying out any investigation which the Security Council may initiate, in accordance with the provisions of the Charter of the United Nations, on the basis of the complaint received by the Council. The Security Council shall inform the States Parties to the Convention of the results of the investigation.

text: Article VI

text: Each State Party to this Convention undertakes to provide or support assistance, in accordance with the United Nations Charter, to any Party to the Convention which so requests, if the Security Council decides that such Party has been exposed to danger as a result of violation of the Convention.

text: Article VII

text: Nothing in this Convention shall be interpreted as in any way limiting or detracting from the obligations assumed by any State under the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925.

text: Article VIII

text: Each State Party to this Convention affirms the recognised objective of effective prohibition of chemical weapons and, to this end, undertakes to continue negotiations in good faith with a view to reaching early agreement on effective measures for the prohibition of their development, production and stockpiling and for their destruction, and on appropriate measures concerning equipment and means of delivery specifically designed for the production or use of chemical agents for weapons purposes.

text: Article IX

text: 1. The State Parties to this Convention undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the use of bacteriological (biological) agents and toxins for peaceful purposes. Parties to the Convention in a position to do so shall also co-operate in contributing individually or together with other States or international organisations to the further development and application of scientific discoveries in the field of bacteriology (biology) for the prevention of disease, or for other peaceful purposes.

text: 2. This Convention shall be implemented in a manner designed to avoid hampering the economic or technological development of States Parties to the Convention or international co-operation in the field of peaceful bacteriological (biological) activities, including the international exchange of bacteriological (biological) agents and toxins and equipment for the processing, use or production of bacteriological (biological) agents and toxins for peaceful purposes in accordance with the provisions of the Convention.

text: Article X

text: Any State Party may propose amendments to this Convention. Amendments shall enter into force for each State Party accepting the amendments upon their acceptance by a majority of the States Parties to the Convention and thereafter for each remaining State Party on the date of acceptance by it.

text: Article XI

text: Five years after the entry into force of this Convention, or earlier if it is requested by a majority of Parties to the Convention by submitting a proposal to this effect to the Depositary Governments, a conference of States Parties to the Convention shall be held at Geneva, Switzerland, to review the operation of the Convention, with a view to assuring that the purposes of the preamble and the provisions of the Convention, including the provisions concerning negotiations on chemical weapons, are being realised. Such review shall take into account any new scientific and technological developments relevant to the Convention.

text: Article XII

text: 1. This Convention shall be of unlimited duration.

text: 2. Each State Party to this Convention shall in exercising its national sovereignty have the right to withdraw from the Convention if it decides that extraordinary events, related to the subject matter of the Convention, have jeopardised the supreme interests of its country. It shall give notice of such withdrawal to all other States Parties to the Convention and to the United Nations Security Council three months in advance. Such notice shall include a statement of the extraordinary events it regards as having jeopardised its supreme interests.

text: Article XIII

text: 1. This Convention shall be open to all States for signature. Any State which does not sign the Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.

text: 2. This Convention shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the United States of America, which are hereby designated the Depositary Governments.

text: 3. This Convention shall enter into force after the deposit of instruments of ratification by twenty-two Governments, including the Governments designated as Depositaries of the Convention.

text: 4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Convention, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

text: 5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or of accession and the date of the entry into force of this Convention, and of the receipt of other notices.

text: 6. This Convention shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

text: Article XIV

text: This Convention, the English, Russian, French, Spanish and Chinese texts of which are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of the Convention shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.

text: Article XV

summary: Deficiencies of the Geneva Protocol of 17 June 1925 and the wish to prohibit not only the use but also the production and stockpiling of biological and chemical weapons induced the U.N. General Assembly and the Committee on Disarmament to take up this question. The Convention was drafted by the Committee on Disarmament and recommended for adherence by Resolution 2826 (XXVI) of the General Assembly on 16 December 1971. It is limited to biological weapons. The inclusion of chemical weapons proved impossible as no agreement on international supervision could be attained. With regard to biological weapons, international supervision of the production and stockpiling of such weapons seemed to be dispensable as it is assumed that the use of such weapons would have no immediate military advantage. Although the present Convention deals with questions of disarmament and does not belong to the law of armed conflicts in its strict sense it is included in this collection the view of its close relationship with the Geneva Protocol of 1925. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.137-142.


identifier: European Convention on Non-Applicability of Statutory Limitations to War Crimes, 1974

depositary: Council of Europe

languages: English French

title: European Convention on the Non-Applicability of Statutory Limitations to Crimes against Humanity and War Crimes. Strasbourg, 25 January 1974.

country: Romania

country: France

country: Netherlands

reservation: Declaration made upon ratification : Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 23 November 1981, handed to the Secretary General at the time of deposit of the instrument of acceptance, on 25 November 1981 : On the occasion of the deposit of the instrument of acceptance for the Kingdom of the Netherlands (the Kingdom in Europe) of the European Convention on the non-applicability of Statutory Limitation to Crimes against Humanity and War Crimes, I have the honour, on behalf of the Government of the Kingdom of the Netherlands and in accordance with Article 6, paragraph 1 of the Convention, to declare the following : The offences specified in Article 85 of the Additional Protocol to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Protocol I) of 12 December 1977 are, for the purposes of Article 1, paragraph 3, to be regarded as violations of a nature comparable to those referred to in Article 1, paragraph 2 where these offences are particularly serious in view of the actual circumstances and measure of intent on the part of the perpetrator, and of the extent of the foreseeable consequences. SOURCE : European Convention on the non-applicability of statutory limitation to crimes against humanity and war crimes, Reservations and Declaration, Council of Europe, ETS/STE Nr 82, Strasbourg, 1991.

country: Belgium

reservation: Declaration contained in a Note Verbale from the Permanent Representation of Belgium, handed over at the time of deposit of the instrument of ratification on 26 March 2003 - Or. Engl. The Government of the Kingdom of Belgium stipulates that Article 2 of the Convention is without prejudice to any rule of international law which is binding upon Belgium and to any Belgian law which contains or may contain provisions of a larger scope. Period covered: 27/06/03 -

text: Geneva Conventions

text: Geneva Conventions

text: Geneva Conventions

text: Geneva Conventions

text: Convention on the Prevention and Punishment of the Crime of Genocide

text: The member States of the Council of Europe, signatory hereto,

text: Considering the necessity to safeguard human dignity in time of war and in time of peace;

text: Considering that crimes against humanity and the most serious violations of the laws and customs of war constitute a serious infraction of human dignity;

text: Concerned in consequence to ensure that the punishment of those crimes is not prevented by statutory limitations whether in relation to prosecution or to the enforcement of the punishment;

text: Considering the essential interest in promoting a common criminal policy in this field, the aim of the Council of Europe being to achieve a greater unity between its Members,

text: Have agreed as follows:

text: Preamble

text: Each Contracting State undertakes to adopt any necessary measures to secure that statutory limitation shall not apply to the prosecution of the following offences, or to the enforcement of the sentences imposed for such offences, in so far as they are punishable under its domestic law:

text: 1. the crimes against humanity specified in the

text: adopted on 9 December 1948 by the General Assembly of the United Nations;

text: 2. (a) the violations specified in Article 50 of the 1949 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Article 51 of the 1949 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Article 130 of the 1949 Geneva Convention relative to the Treatment of Prisoners of War and Article 147 of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War,

text: (b) any comparable violations of the laws of war having effect at the time when this Convention enters into force and of customs of war existing at that time, which are not already provided for in the above-mentioned provisions of the Geneva Conventions, when the specific violation under consideration is of a particularly grave character by reason either of its factual and intentional elements or of the extent of its foreseeable consequences;

text: 3. any other violation of a rule or custom of international law which may hereafter be established and which the Contracting State concerned considers according to a declaration under Article 6 as being of a comparable nature to those referred to in paragraph I or 2 of this article.

text: Article 1

text: 1. The present Convention applies to offences committed after its entry into force in respect of the Contracting State concerned.

text: 2. It applies also to offences committed before such entry into force in those cases where the statutory limitation period had not expired at that time.

text: Article 2

text: 1. This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

text: 2. The Convention shall enter into force three months after the date of deposit of the third instrument of ratification or acceptance.

text: 3. In respect of a signatory State ratifying or accepting subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification or acceptance.

text: Article 3

text: 1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State to accede thereto, provided that the resolution containing such invitation receives the unanimous agreement of the Members of the Council who have ratified the convention.

text: 2. Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit.

text: Article 4

text: 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which this Convention shall apply.

text: 2. Any State may, when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.

text: 3. Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in Article 7 of this Convention.

text: Article 5

text: 1. Any Contracting State may, at any time, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any violations provided for in Article 1 , paragraph 3 , of this Convention.

text: 2. Any declaration made in pursuance of the preceding paragraph may be withdrawn according to the procedure laid down in Article 7 of this Convention.

text: Article 6

text: 1. This Convention shall remain in force indefinitely.

text: 2. Any Contracting State may, in so far as it is concerned, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

text: 3. Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.

text: Article 7

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention of:

text: (a) any signature;

text: (b) any deposit of an instrument of ratification, acceptance or accession;

text: (c) any date of entry into force of this Convention in accordance with Article 3 thereof;

text: (d) any declaration received in pursuance of the provisions of Article 5 or Article 6 ;

text: (e) any notification received in pursuance of the provisions of Article 7 and the date on which the denunciation takes effect.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

text: Done at Strasbourg, this 25th day of January 1974, in the English and French languages, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 8

summary: The attempts of the Council of Europe to adopt a convention on the non-applicability of statutory limitations to crimes against humanity preceded those of the United Nations. When the United Nations took up the question in 1965, the Council of Europe suspended its efforts. The U.N. Convention, however, which was adopted on 26 November 1968 seemed unacceptable to most members of the Council of Europe because of its broad definition of "crimes against humanity". The present Convention uses a narrower definition and, unlike the U.N. Convention, limits its applicability to cases for which the statutory limitation period has not expired at the time of the entry into force of it. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.933-936.