identifier: Convention on the Prevention and Punishment of Genocide, 1948

reference: Convention on the Prevention and Punishment of Genocide, 1948

title: Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 1948.

country: Gabon

country: Cyprus

action: declaration

reservation: 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 [said 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."

country: Iraq

country: Iceland

country: New Zealand

country: Belize

country: Kyrgyzstan

country: Türkiye

country: Albania

reservation: Reservation: 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.

country: Monaco

country: Republic of Moldova

country: Israel

country: Estonia

reservation: With regard to reservation (2) made by the United States of America: "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."

country: Seychelles

country: Antigua and Barbuda

country: Burkina Faso

country: Georgia

country: Trinidad and Tobago

country: Tonga

country: Saint Vincent and the Grenadines

country: Saudi Arabia

country: Kazakhstan

country: Guinea

country: Nigeria

country: Croatia

reservation: In this regard, the Secretary-General receieved communications from the following State on the date indicated hereinafter: Croatia (18 May 2001): "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."

country: Guatemala

country: Ukraine

reservation: The Ukrainian SSR 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

country: Argentina

reservation: Ad article IX: The Argentine Government reserves the right not to submit to the procedure laid down in this article any dispute relating directly or indirectly to the territories referred to in its reservation to article XII. 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.

country: Rwanda

reservation: WITHDRAWAL OF RESERVATION on 15 December 2008 (Translation) (Original: French) WHEREAS the Republic of Rwanda acceded to this Convention on 16 April 1975, but entered a reservation to article 9; I, Rosemary MUSEMINALI, Minister of Foreign Affairs and Cooperation, hereby declare that the Government of the Republic of Rwanda, after having examined Rwanda’s reservation to article 9 of the Convention on the Prevention and Punishment of the Crime of Genocide adopted at New York on 9 December 1948, and, in accordance with Act No. 65/2007 of 31 December 2007 which provides for the withdrawal of the said reservation, has withdrawn the reservation.

country: Brazil

reservation: The Government of Brazil objects to the reservations made to the Convention by Bulgaria, the Byelorussian Soviet Socialist Republic, Czechoslovakia, the Philippines, Poland, Romania, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics. The Brazilian Government considers the said reservations as incompatible with the object and purpose of the Convention. 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.

country: United Kingdom of Great Britain and Northern Ireland

reservation: Objection: "The Government of the United Kingdom do not accept the reservations to articles IV, VII, VIII, IX or XII of the Convention made by Albania, Algeria, Argentina, Bulgaria, Burma, the Byelorussian Soviet Socialist Republic, Czechoslovakia, Hungary, India, Mongolia, Morocco, the Philippines, Poland, Romania, Spain, the Ukrainian Soviet Socialist Republic, the Union of Soviet Socialist Republics or Venezuela."

reservation: Objection: "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."

reservation: Objection: 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."

reservation: Objection: 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."

reservation: Objection: "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."

reservation: Objection: 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."

reservation: Reservation: "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."

reservation: As regards article XII: The People's Republic of Romania declares that it is not in agreement with article XII of the Convention, and considers that all the provisions of the Convention should apply to the Non-Self-Governing Territories, including the Trust Territories.

reservation: The Government of Ecuador 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.

reservation: [Same communication, mutatis mutandis, in respect of the reservations made by Bulgaria.]

reservation: 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.

reservation: Reservation made upon accession on 27.03.1990: "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."

reservation: We further declare that we have not accepted and do not accept any reservation which has already been made or which may hereafter be made by the countries signatory to this instrument or by countries which have acceded or may hereafter accede thereto. 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 incompatible 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.]

reservation: 4 June 1990 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.

reservation: 22 December 1989 "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."

reservation: The Government of Belgium does not accept the reservations made by Bulgaria, Byelorussian Soviet Socialist Republic, Czechoslovakia, Poland, Romania, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics.

reservation: 22 December 1989 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."

reservation: Objection: "The Norwegian Government does not accept the reservations made to the Convention by the Government of the Philippines at the time of ratification."

reservation: Objection: 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."

reservation: 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."

reservation: In acceding to this Convention, the People's Democratic Republic of Yemen does not consider itself bound by article IX of the Convention, which provides that disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the Convention shall be submitted to the International Court of Justice at the request of any of the parties to the dispute. It declares that the competence of the International Court of Justice with respect to disputes concerning the interpretation, application or fulfilment of the Convention shall in each case be subject to the express consent of all parties to the dispute

reservation: Reservation: As regards article XII: Poland does not accept the provisions of this article, considering that the Convention should apply to Non-Self-Governing Territories, including Trust Territories.

reservation: The Byelorussian SSR 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.

reservation: On 11 January 1990, the Secretary-General received from the Government of the Federal Republic of Germany the following declaration concerning reservations made by the United States of America: (Original: English) "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."

reservation: Reservation: "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."

reservation: Objection: "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."

reservation: Objection: [Same communication, mutatis mutandis, in respect of the reservations made by Albania.]

reservation: Objection: [Same communication, mutatis mutandis, in respect of the reservations made by Myanmar.]

reservation: Declaration: 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.

reservation: Notifications by China and the United Kingdom of Great Britain and Northern Ireland relating to Hong Kong: I 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. II 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."

reservation: Communication: 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.

reservation: 1. The Socialist Republic of Viet Nam does not consider itself bound by article IX of the Convention which provides the jurisdiction of the International Court of Justice in solving disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the Convention at the request of any of the parties to disputes. The Socialist Republic of Viet Nam is of the view that, regarding the jurisdiction of the International Court of Justice in solving disputes referred to in article IX of the Convention, the consent of the parties to the disputes except the criminals is diametrically necessary for the submission of a given dispute to the International Court of Justice for decision. 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.

reservation: The Hungarian People's Republic reserves its rights with regard to the provisions of article XII which do not define the obligations of countries having colonies with regard to questions of colonial exploitation and to acts which might be described as genocide.

reservation: In this regard, the Secretary-General receieved communications from the following State on the date indicated hereinafter: Bosnia-Herzegovina (27 December 2001): On 21 March 2001 the Secretary-General of the United Nations confirmed to the Permanent Representative of Yugoslavia to the United Nations the receipt of a 'Notification of Accession to the Convention on the Prevention and Punishment of the Crime of Genocide (1948). The note of the Secretary -General carries reference as: LA 41 TR/221/1(4-1). The Presidency of Bosnia and Herzegovina objects to the deposition of this instrument of accession. On 29 June 2001, Bosnia and Herzegovina, the Republic of Croatia, the Republic of Macedonia, the Republic of Slovenia and the Federal Republic of Yugoslavia signed an "Agreement on Succession Issues" in which these States, among other things, declare that they are "in sovereign equality the five successor States to the former Socialist Federal Republic of Yugoslavia". A copy of the Agreement is enclosed. [Copy not reproduced herein.] For this reason, there can e no question of "accession", but rather there is an issue of succession. This, in itself, implies that the Federal Republic of Yugoslavia has effectively succeeded the former Socialist Federal Republic of Yugoslavia as of 27 April 1992 (the date of the proclamation of the FRY) as a Party to the Genocide Convention. Apart from that the Federal Republic of Yugoslavia upon its proclamation on 27 April 1992 declared - and communicated this to the Secretary-General that it would "strictly abide by all the commitments that the Socialist Federal Republic of Yugoslavia assumed internationally"(UN Doc. A/46/915). For these two reasons it is not possible for the FRY to effectively lay down a reservation with regards to part of the Genocide Convention (i.e. Article IX of the Convention) several years after 27 April 1992, the day on which FRY became bound to the Genocide Convention in its entirety. Bosnia and Herzegovina refers to Articles 2 (1) (d) and 19 of the 1969 Vienna Convention on the Law of Treaties, which explicitly states that a reservation may only be formulated "when signing, ratifying, accepting, approving or acceding to a treaty". The Presidency of Bosnia and Herzegovina therefore deems the so-called "Notification of Accession to the Convention on the Prevention and Punishment of the Crime of Genocide (1948)" submitted by the Government of the Federal Republic of Yugoslavia to be null and void. Moreover, the International Court of Justice declared in its Judgement of 11 July 1996, "Yugoslavia was bound by the provisions of the Convention" at least at the date of the filing of the Application in the case introduced by Bosnia and Herzegovina on 20 March 1993/ICJ Rep. 1996, p.610, para. 17). The Federal Republic of Yugoslavia continues to be bound under the same conditions, that is without any reservation."

reservation: With reference to article VI, notice is given that any proceedings to which Venezuela may be a party before an international penal tribunal would be invalid without Venezuela's prior express acceptance of the jurisdiction of such international tribunal. 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.

reservation: 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.

reservation: 29 December 1989 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."

reservation: "The Government of the Kingdom of the Netherlands declares that it considers the reservations made by Albania, Algeria, Bulgaria, the Byelorussian Soviet Socialist Republic, Czechoslovakia, Hungary, India, Morocco, Poland, Romania, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics in respect of article IX of the Convention on the Prevention and Punishment of the Crime of Genocide, opened for signature at Paris on 9 December 1948, to be incompatible with the object and purpose of the Convention. The Government of the Kingdom of the Netherlands therefore does not deem any State which has made or which will make such reservation a party to the Convention."

reservation: 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)".

reservation: With regard to the reservations made by Malaysia and Singapore upon accession: "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 the 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 does not consider the States making such reservations Parties to the Convention. 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."

reservation: Reservations: "(1) That with reference to article IX of the Convention, before 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."

reservation: Declaration of territorial application: "On the same date the Government of Australia, in accordance with Article XII of the Convention, notified the Secretary-General that it extends the application of the said Convention to all the territories for the conduct of whose foreign relations Australia is responsible."

reservation: Objection: "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."

reservation: Objection: "The Australian Government does not accept the reservations contained in the instruments of accession of the Governments of Poland and Romania."

reservation: Objection: 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.

reservation: The Government of the Mongolian People's Republic declares that it is not in a position to agree with article XII of the Convention and considers that the provisions of the said article should be extended to non-self-governing territories, including trust territories. 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.

reservation: The Democratic and Popular Republic of Algeria does not consider itself bound by article IX of the Convention, which confers on the International Court of Justice jurisdiction in all disputes relating to the said Convention. 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.

reservation: 22 December 1989 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."

reservation: Reservation: As regards article XII: The People's Republic of Bulgaria 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.

reservation: 6 February 1951 "The Government of Ceylon does not accept the reservations made by Romania to the Convention."

reservation: "(1) With reference to article VI, the Union of Burma makes the reservation that nothing contained in the said Article shall be construed as depriving the Courts and Tribunals of the Union of jurisdiction or as giving foreign Courts and tribunals jurisdiction over any cases of genocide or any of the other acts enumerated in article III committed within the Union territory. "(2) With reference to article VIII, the Union of Burma makes the reservation that the said article shall not apply to the Union."

reservation: "l. With reference to article IV of the Convention, the Philippine Government cannot sanction any situation which would subject its Head of State, who is not a ruler, to conditions less favorable than those accorded other Heads of State, whether constitutionally responsible rules or not. The Philippine Government does not consider said article, therefore, as overriding the existing immunities from judicial processes guaranteed certain public officials by the Constitution of the Philippines. "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."

reservation: Reservation: "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."

reservation: Objection: 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."

reservation: With regard to the reservation made by the Government of Yugoslavia upon accession, the Secretary-General received from the following State, a communication on the date indicated hereinafter: Sweden (2 April 2002): "The Government of Sweden has taken note of the Secretary-General's circular notification 164.2001.TREATIES-.1 of 15 March 2001, stating the intent of the Federal Republic of Yugoslavia to accede, with a reservation, to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The Government of Sweden regards the Federal Republic of Yugoslavia as one successor state to the Socialist Federal Republic of Yugoslavia and, as such, a Party to the Convention from the date of the entering into force of the Convention for the Socialist Federal Republic of Yugoslavia. The Government of Sweden hereby communicates that it considers the said reservation as having been made too late, according to article 19 of the 1969 Vienna Convention on the Law of Treaties, and thus null and void."

reservation: "With reference to article IX of the Convention, the Government of India declares that, for the submission of any dispute in terms of this article to the jurisdiction of the International Court of Justice, the consent of all the parties to the dispute is required in each case."

reservation: Declaration: "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."

reservation: The Union of Soviet Socialist Republics 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.

reservation: With reference to article VI, the Government of His Majesty the King considers that Moroccan courts and tribunals alone have jurisdiction with respect to acts of genocide committed within the territory of the Kingdom of Morocco. 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.

reservation: Reservation: .....the Government of the United Arab Emirates..... makes a reservation with respect to article IX thereof concerning the submission of disputes arising between the Contracting Parties relating to the interpretation, application or fulfilment of this Convention, to the International Court of Justice, at the request of any of the parties to the dispute.

text: The Contracting Parties,

text: Having considered the declaration made by the General Assembly of the United Nations in its resolution 96 (I) dated 11 December 1946 that genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world, Recognizing that at all periods of history genocide has inflicted great losses on humanity, and being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required, Hereby agree as hereinafter provided:

text: Preamble

text: The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.

text: Article I

text: In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

text: (a) Killing members of the group;

text: (b) Causing serious bodily or mental harm to members of the group;

text: (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group;

text: (e) Forcibly transferring children of the group to another group.

text: Article II

text: The following acts shall be punishable:

text: (a) Genocide;

text: (b) Conspiracy to commit genocide;

text: (c) Direct and public incitement to commit genocide;

text: (d ) Attempt to commit genocide;

text: (e) Complicity in genocide.

text: Article III

text: Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

text: Article IV

text: The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article III.

text: Article V

text: Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.

text: Article VI

text: Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition. The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.

text: Article VII

text: Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.

text: Article VIII

text: Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.

text: Article IX

text: The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of 9 December 1948.

text: Article X

text: The present Convention shall be open until 31 December 1949 for signature on behalf of any Member of the United Nations and of any non member State to which an invitation to sign has been addressed by the General Assembly.

text: The present Convention shall be ratified, and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.

text: After 1 January 1950, the present Convention may be acceded to on behalf of any Member of the United Nations and of any non-member State which has received an invitation as aforesaid. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

text: Article XI

text: Any Contracting Party may at any time, by notification addressed to the Secretary-General of the United Nations, extend the application of the present Convention to all or any of the territories for the conduct of whose foreign relations that Contracting Party is responsible.

text: Article XII

text: On the day when the first twenty instruments of ratification or accession have been deposited, the Secretary-General shall draw up a proces-verbal and transmit a copy thereof to each Member of the United Nations and to each of the non-member States contemplated in article 11.

text: The present Convention shall come into force on the ninetieth day following the date of deposit of the twentieth instrument of ratification or accession.

text: Any ratification or accession effected, subsequent to the latter date shall become effective on the ninetieth day following the deposit of the instrument of ratification or accession.

text: Article XIII

text: The present Convention shall remain in effect for a period of ten years as from the date of its coming into force.

text: It shall thereafter remain in force for successive periods of five years for such Contracting Parties as have not denounced it at least six months before the expiration of the current period.

text: Denunciation shall be effected by a written notification addressed to the Secretary-General of the United Nations.

text: Article XIV

text: If, as a result of denunciations, the number of Parties to the present Convention should become less than sixteen, the Convention shall cease to be in force as from the date on which the last of these denunciations shall become effective.

text: Article XV

text: A request for the revision of the present Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General.

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

text: Article XVI

text: The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States contemplated in article XI of the following: (a) Signatures, ratifications and accessions received in accordance with article 11;

text: (b) Notifications received in accordance with article 12;

text: (c) The date upon which the present Convention comes into force in accordance with article 13;

text: (d) Denunciations received in accordance with article 14;

text: (e) The abrogation of the Convention in accordance with article 15;

text: (f) Notifications received in accordance with article 16.

text: Article XVII

text: The original of the present Convention shall be deposited in the archives of the United Nations.

text: A certified copy of the Convention shall be transmitted to each Member of the United Nations and to each of the non-member States contemplated in article XI.

text: Article XVIII

text: The present Convention shall be registered by the Secretary-General of the United Nations on the date of its coming into force.

text: Article XIX

summary: The Convention on Genocide was among the first United Nations conventions addressing humanitarian issues. It was adopted in 1948 in response to the atrocities committed during World War II and followed G.A. Res. 180(II) of 21 December 1947 in which the UN recognised that "genocide is an international crime, which entails the national and international responsibility of individual persons and states." The Convention has since then been widely accepted by the international community and ratified by the overwhelmingly majority of States. The jurisprudence of the International Court of Justice considers the prohibition of genocide as peremptory norms of international law ( see Reservations to the Convention on Genocide, 1951 I.C.J. Rep. 15, 23; see also Case Concerning Barcelona Traction, Light and Power Co. (Belg. v. Spain), 1970 I.C.J., Rep. 3, 32). Moreover, the ICJ recognises that the principles underlying the Convention are principles which are recognised by civilised nations binding on States, even without any conventional obligation. Noteworthy, the Convention provides for a precise definition of the crime of genocide, in particular in terms of the required intent and the prohibited acts (Article II). It also specifies that the crime of genocide may be committed in time of peace or in time of war.


doctype: treaty

identifier: Final Act of the Geneva Conference, 1949

languages: English French

title: Final Act of the Diplomatic Conference of Geneva, 12 August 1949.

action: signature

country: Liechtenstein

country: Australia

country: Netherlands

country: Türkiye

country: Denmark

country: Belarus

country: Islamic Republic of Iran

country: Israel

country: Sweden

country: Poland

country: Canada

country: Norway

country: China

country: Costa Rica

country: Ecuador

country: Lebanon

country: United States of America

country: Serbia

country: Egypt

country: Czech Republic

country: Portugal

country: Colombia

country: Nicaragua

country: Peru

country: Myanmar

country: Romania

country: Russian Federation

country: Pakistan

country: Uruguay

country: Belgium

country: Holy See

country: Slovakia

country: Luxembourg

country: Syrian Arab Republic

country: Albania

country: Italy

country: Austria

country: India

country: Spain

country: Ethiopia

country: Cuba

country: Finland

country: Thailand

country: France

text: The Conference convened by the Swiss Federal Council for the purpose of revising:

text: the Geneva Convention of 27 July 1929 for the Relief of the Wounded and Sick in Armies in the Field,

text: the Xth Hague Convention of 18 October 1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 6 July 1906, the Geneva Convention of 27 July 1929 relative to the Treatment of Prisoners of War, and to established a Convention for the Protection of Civilian Persons in Time of War, deliberated from 21 April to 12 August 1949, at Geneva, on the basis of the four Draft Conventions examined and approved by the XVIIth international Red Cross Conference held at Stockholm.

text: The Conference established the texts of the following Conventions:

text: I. Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.

text: II. Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea.

text: III. Geneva Convention relative to the Treatment of Prisoners of War.

text: IV. Geneva Convention relative to the Protection of Civilian Persons in Time of War.

text: These Conventions, the text of which has been established in the English and French languages, are attached to the present Act. The official translation of the same Conventions into Russian and Spanish will be made through the good offices of the Swiss Federal Council.

text: The Conference further adopted 11 resolutions which are also attached to the present Act:

text: In witness whereof, the undersigned, duly authorized by their respective Governments, have signed this present Final Act.

text: Done at Geneva, this twelfth day of August 1949, in the English and French languages. The original and the documents accompanying it shall be deposited in the Archives of the Swiss Confederation.

text: (Here follow signatures)

text: Final Act

summary: After the adoption of the two Geneva Conventions of 1929 attempts were made to supplement them by new regulations. The Geneva Conference of 1929, in its Final Act, expressed the wish that a conference be convened with a view to regulating more comprehensively the use of medical aircraft in time of war and that an exhaustive study be made in order to prepare an international convention regarding the condition and protection of civilians of enemy nationality in the territory of a belligerent or in the territory occupied by a belligerent. In January 1939, the Swiss Federal Council transmitted to all governments preliminary drafts, prepared by the International Committee of the Red Cross, as a basis for a diplomatic conference which was planned to be convened in Geneva early in 1940 but could not take place due to the outbreak of World War II. The preliminary drafts dealt with the following subjects: 1) Revision of the Geneva Convention of 1929 concerning the Wounded and Sick; 2) Revision of the Hague Conventions of 1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention; 3) Draft Convention for the Adaptation to Air Warfare of the Principles of the Geneva Convention; 4) Draft Convention for the Establishment of Hospital and Safety Zones in Time of War; 5) Draft Convention concerning the Condition and Protection of Civilians of Enemy Nationality in the Territory of a Belligerent or in the Territory Occupied by a Belligerent. After the end of World War II new drafts were prepared which took account of the experience gained during the war. The two Geneva Conventions of 1929 as well as the Hague Convention of 1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention were included in the revision. A new draft for the protection of civilians was drawn up. The four draft conventions were prepared by the International Committee of the Red Cross with the assistance of a conference of government experts and were submitted to the International Red Cross Conference held at Stockholm in 1948. The Diplomatic Conference which adopted them in their final form took place from 21 April to 12 August 1949 in Geneva and assembled representatives of 63 governments. The Conference made an innovation by grouping together the common provisions of the four Conventions. They embrace the general provisions, which are placed at the beginning of each Convention, the provisions on the repression of breaches of the Conventions and the final provisions. Nearly all the States existing at present have ratified the four Conventions or adhered to them. The Final Act has no force of law.