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Algeria

Reservation:

       The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents.

       The Government of the People's Democratic Republic of Algeria states that in each individual case, a dispute may be submitted to arbitration or referred to the International Court of Justice only with the consent of all parties to the dispute.

Andorra

Declaration:

       In view of article 1, paragraph 1 (a) of this Convention, the Principality of Andorra declares that, in accordance with article 43 of the Constitution of Andorra, and the tradition dating from the Pareatges of 1278, the Heads of State of Andorra are jointly and indivisbly the Coprinceps.  These Coprinceps, in their personal and exclusive right, are the Bishop of Urgell and the President of the French Republic.

Argentina

       In accordance with article 13, paragraph 2, of the Convention, the Argentine Republic declares that it does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention.

Belarus

Reservation made upon signature and confirmed upon ratifica tion:

       The Byelorussian Soviet Socialist Republic does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention, under which any dispute between two or more States Parties concerning the interpretation or application of the Convention shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice, and states that, in each individual case, the consent of all parties to such a dispute is necessary for submission of the dispute to arbitration or to the International Court of Justice.

Brazil

Reservation:

       With the reservation provided for in paragraph 2 of article 13.

Burundi15

       In respect of cases where the alleged offenders belong to a national liberation movement recognized by Burundi or by an international organization of which Burundi is a member, and their actions are part of their struggle for liberation, the Government of the Republic of Burundi reserves the right not to apply to them the provisions of article 2, paragraph 2, and article 6, paragraph 1.

China

       [The People's Republic of China] declares that, in accordance with paragraph 2 of article 13 of the Convention, the People's Republic of China has reservations on paragraph l of article 13 of the Convention and does not consider itself bound by the provisions of the said paragraph.

Colombia16

Reservations:

       ...

       3. Colombia enters a reservation to those provisions of the Convention, which are contrary to the guiding principles of the Colombian Penal Code and to article 29 of the Political Constitution of Colombia, the fourth paragraph of which states that:

       Everyone shall be presumed innocent until proven guilty according to law. Anyone who is charged with an offence shall be entitled to defence and the assistance of counsel of his own choosing, or one appointed by the court, during the investigation and trial; to be tried properly, in public without undue delay; to present evidence and to refute evidence brought against him; to contest the sentence; and not to be tried twice for the same act.

       Consequently, the expression "Alleged offender" shall be taken to mean "the accused".

Cuba

Declaration:

       In accordance with article 13, paragraph 2 of the Convention, the Republic of Cuba declares that it does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention.

Democratic People's Republic of Korea

Reservation:

       The Government of the Democratic People's Republic of Korea does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention, recognizing that any dispute between two or more States Parties concerning the interpretation or application of the Convention should not, without consent of both parties, be submitted to international arbitration and to the International Court of Justice.

Democratic Republic of the Congo

       The Republic of Zaire does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention, under which any dispute between two or more Contracting Parties concerning the interpretation or application of the Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration or referred to the International Court of Justice. In the light of its policy based on respect for the sovereignty of States, the Republic of Zaire is opposed to any form of compulsory arbitration and hopes that such disputes may be submitted to arbitration or referred to the International Court of Justice not at the request of one of the parties but with the consent of all the interested parties.

Ecuador

Upon signature:

       Ecuador wishes to avail itself of the provisions of article 13, paragraph 2, of the Convention, declaring that it does not consider itself bound to refer disputes concerning the application of the Convention to the International Court of Justice.

El Salvador

       The State of El Salvador does not consider itself bound by paragraph 1 of article 13 of the Convention.

Ethiopia

Reservation pursuant to article 13 (2) :

       "The Government of the Federal Democratic Republic of Ethiopia does not consider itself bound by the aforementioned provision of the Convention, under which any dispute between two or more States Parties concerning the interpretation or application of the Convention shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice, and states that disputes concerning the interpretation or application of the Convention would be submitted to arbitration or to the Court only with the prior consent of all the parties concerned."

Finland

Reservation made upon signature and confirmed upon ratifica tion:

       "Finland reserves the right to apply the provision of article 8, paragraph 3, in such a way that extradition shall be restricted to offences which, under Finnish Law, are punishable by a penalty more severe than imprisonment for one year and, provided also that other conditions in the Finnish Legislation for extradition are fulfilled."

Declaration made upon signature:

       "Finland also reserves the right to make such other reserva- tions as it may deem appropriate if and when ratifying this Con- vention."

France

Déclarations:

       France understands that only acts which may be defined as acts of terrorism constitute crimes within the meaning of article 2 of the Convention.

       The application of the Convention shall be without prejudice to the Convention adopted at New York on 9 December 1994 on the Safety of United Nations and Associated Personnel.

Germany6

Upon signature:

       "The Federal Republic of Germany reserves the right, upon ratifying this Convention, to state its views on the explanations of vote and declarations made by other States upon signing or ratifying or acceding to that Convention and to make reservations regarding certain provisions of the said Convention."

Ghana17

       "(i) Paragraph 1 of article 13 of the Convention provides that disputes may be submitted to arbitration, failing which any of the parties to the dispute may refer it to the International Court of Justice by request.  Since Ghana is opposed to any form of compulsory arbitration, she wishes to exercise her option under article 13 (2) to make a reservation on article 13 (1).  It is noted that such a reservation can be withdrawn later under article 13 (3)."

Holy See

Declarations:

       “By acceding to the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, the Holy See intends to contribute and to give its moral support to the global prevention, repression and prosecution of such crimes and to the protection of their victims.

       In conformity with its own nature, its Mission, and the particular character of Vatican City State, the Holy See upholds the values of brotherhood, justice and peace between persons and peoples, whose protection and strengthening require the primacy of the rule of law and respect for human rights, and it reaffirms that instruments of criminal and judicial cooperation constitute effective safeguards in the face of criminal activities that jeopardize human dignity and peace. […]

       Pursuant to articles 8.2 and 8.3 of the Convention, the Holy See declares that it takes the Convention as the legal basis for cooperation on extradition with other Parties to the Convention, subject to the limitations to the extradition of persons provided for by its domestic law.

       With regard to articles 8 and 10 of the Convention, the Holy See declares that, in light of its legal doctrine and the sources of its law (Vatican City State Law LXXI, 1 October 2008), nothing in the Convention shall be interpreted as imposing an obligation to extradite or provide mutual legal assistance if there are substantial grounds for believing that the request is made for the purpose of prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin or political opinion; that compliance with the request would cause prejudice to that person’s position for any of these reasons; or that the person would be subject to the death penalty or to torture.

       Pursuant to the last sentence of article 2.2(a) of the International Convention for the Suppression of the financing of Terrorism, of 9 December 1999, the Holy See, acting also in the name and on behalf of Vatican City State, declares that, from the moment the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, enters into force for the Holy See, it shall be deemed to be included within the scope of the Convention for the Suppression of the Financing of Terrorism pursuant to its article 2.1(a). ”

Reservation:

       “Pursuant to article 13.2 of the Convention, the Holy See, acting also in the name and on behalf of Vatican City State, declares that it does not consider itself bound by article 13.1 of the Convention. The Holy See, acting also in the name and on behalf of Vatican City State, specifically reserves the right to agree in a particular case, on an ad hoc basis, to any convenient means to settle any dispute arising out of this Convention.”

India

       "The Government of the Republic of India does not consider itself bound by paragraph 1 of article 13 which establishes com- pulsory arbitration or adjudication by the International Court of Justice concerning disputes between two or more States Parties relating to the interpretation or application of this Convention."

Iraq15,19

       (1) The resolution of the United Nations General Assembly with which the above-mentioned Convention is enclosed shall be considered to be an integral part of the above-mentioned Convention.

       (2) Sub-paragraph (b) of paragraph (1) of article 1 of the Convention shall cover the representatives of the national liber- ation movements recognized by the League of Arab States or the Organization of African Unity.

       (3) The Republic of Iraq shall not bind itself by paragraph (1) of article 13 of the Convention.

       (4) The accession of the Government of the Republic of Iraq to the Convention shall in no way constitute a recognition of Israel or a cause for the establishment of any relations of any kind therewith.

Israel20

Declarations:

       "The Government of the State of Israel declares that its accession to the Convention does not constitute acceptance by it as binding of the provisions of any other international instrument, or acceptance by it of any other international instrument as being an instrument related to the Convention.

       The Government of Israel reaffirms the contents of its com- munication of 11 May 1979 to the Secretary-General of the United Nations."

Reservation:

       "The State of Israel does not consider itself bound by para- graph 1 of article 13 of the Convention."

Jamaica

       "Jamaica avails itself of the provisions of article 13, para- graph 2, and declares that it does not consider itself bound by the provisions of paragraph 1 of this article under which any dispute between two or more States Parties concerning the interpretation or application of this Convention shall, at the request of one of them, be submitted to arbitration or referred to the International Court of Justice, and states that in each individual case, the con sent of all parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice."

Jordan19

Reservation:

       The Government of the Hashemite Kingdom of Jordan de- clares that its accession [. . .] cannot give rise to relations with "Israel".

Kuwait19

Declaration:

       [The Government of Kuwait] wishes to reiterate Kuwait's complete reservation on paragraph 1 of article 13 in the            Convention, for its accession to it does not mean in any way a recognition of Israel by the Government of the State of Kuwait and does not engage them into any treaty relations as a result.

Lao People's Democratic Republic

Reservation:

       "In accordance with paragraph 2, Article 13 of the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, the Lao People's Democratic Republic does not consider itself bound by paragraph 1, article 13 of the present Convention.  The Lao People's Democratic Republic declares that to refer to a dispute relating to interpretation and application of the present Convention to arbitration or International Court of Justice, the agreement of all parties concerned in the dispute is necessary."

Liechtenstein

Interpretative declaration:

       The Principality of Liechtenstein construes articles 4 and 5, paragraph 1 of the Convention, to mean that the Principality of Liechtenstein undertakes to fulfil the obligations contained therein under the conditions laid down in its domestic legislation.

Lithuania

Reservation:

       “... Whereas it is provided in paragraph 2 of Article 13 of the said Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania does not consider itself bound by paragraph 1 of Article 13 of the said Convention, providing that any dispute concerning the interpretation or application of this Convention shall be referred to the International Court of Justice.”

Luxembourg

Declaration:

       Luxembourg courts are competent to apply the Convention, and Luxembourg criminal law applies to the crimes referred to in article 2 of the Convention when the alleged offender is in Luxembourg territory and has not been extradited to another State, regardless of the nationality of the alleged offender and  the place where the crime was perpetrated.

Malawi

       "The Government of the Republic of Malawi [declares], in accordance with the provisions of paragraph 2 of article 13, that it does not consider itself bound by the provisions of paragraph 1 of article 13 of the Convention."

Malaysia

Declarations:

       "1. The Government of Malaysia understands the phrase "alleged offender" in Article 1(2) of the Convention to mean the accused.

       2. The Government of Malaysia understands the phrase "or other attack" in Article 2(1)(a) of the Convention to mean acts that are recognized as offences under its domestic laws.

       3. The Government of Malaysia understands Article 7 of the Convention to include the right of the competent authorities to decide not to submit any particular case for prosecution before the judicial authorities if the alleged offender is dealt with under national security and preventive detention laws.

       4. (a) Pursuant to Article 13(2) of the Convention, the Government of Malaysia declares that it does not consider itself bound by Article 13(l) of the Convention; and

       (b) the Government of Malaysia reserves the right specifically to agree in a particular case to follow the arbitration procedure set forth in Article 13(l) of the Convention or any other procedure for arbitration."

Mauritius

Reservation:

       "In accordance with Article 13, paragraph 2, of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, the Republic of Mauritius hereby declares that it does not consider itself bound by the provisions of Article 13, paragraph 1, of the Convention, and states that it considers that a dispute may be submitted or referred to the International Court of Justice only with the consent of all parties to the dispute.”

Declaration:

       "The Republic of Mauritius rejects the extension of the Convention by the Government of the United Kingdom and Northern Ireland to the Chagos Archipelago (so-called British Indian Ocean Territory) and reaffirms its sovereignty over the Chagos Archipelago which forms part of its national territory."

Mongolia

Declaration made upon signature and renewed upon ratification:

       "The Mongolian People's Republic does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention, under which any dispute between two or more States Parties of the Convention shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice, and states that, in each individual case, the consent of all parties to such a dispute is necessary for submission of the dispute to arbitration or to the International Court of Justice."

Mozambique

Declaration:

       "... with the following declaration in accordance with its article 13, paragraph 2:

       “The Republic of Mozambique does not consider itself bound by the provisions of article 13, paragraph 1 of the Convention.

       In this connection, the Republic of Mozambique states that, in each individual case, the consent of all Parties to such a dispute is necessary for the submission of the dispute to arbitration or to [the] International Court of Justice.” Furthermore, the Republic of Mozambique declares that: The Republic of Mozambique, in accordance with its Constitution and domestic laws, can not extradite Mozambique citizens.

       Therefore, Mozambique citizens will be tried and sentenced in national courts."

Myanmar

Reservation:

       “The Government of Myanmar does not consider itself bound by the article 13 (1) of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents adopted on 14 December 1973.”

Netherlands (Kingdom of the)

Declaration:

       "In view of the Government of the Kingdom of the Netherlands article 12 of the Convention, and in particular the second sentence of that Article, in no way affects the applicability of article 33 of the Convention of 28 July 1951 relating to the Status of Refugees".

Reservation:

       "In cases where the judicial authorities of either the Netherlands, the Netherlands Antilles or Aruba cannot exercise jurisdiction pursuant to one of the principles mentioned in article 3, para. 1, the Kingdom accepts the aforesaid obligation [laid down in article 7] subject to the condition that it has received and rejected a request for extradition from another State party to the Convention."

31 January 2012

Partial withdrawal of reservation with regard to article 7

        “In cases where the judicial authorities of either the Netherlands, the Netherlands Antilles or Aruba cannot exercise jurisdiction pursuant to one of the principles mentioned in Article 3, paragraph 1, the Kingdom accepts the aforesaid obligation [laid down in article 7] subject to the condition that it has received and rejected a request for extradition from another State Party to the Convention."

New Zealand10

Reservation:

       The Government of New Zealand reserves the right not to apply the provisions of the Convention to Tokelau pending the enactment of the necessary implementing legislation in Tokelau law.

Pakistan

       "Pakistan shall not be bound by paragraph 1 of article 13 of the Convention".

Peru

       With reservation as to article 13 (1).

Saudi Arabia

Reservation:

       .....the Kingdom of Saudi Arabia does not consider itself obligated to observe paragraph 1 of Article 13 which deals with resolving any dispute arising from interpretation or implementation of the Convention .

Singapore

Declaration

       “The Republic of Singapore understands Article 7, paragraph 1, of the Convention to include the right of competent authorities to decide not to submit any particular case for prosecution before the judicial authorities if the alleged offender is dealt with under national security and preventive detention laws."

Reservation

       "Pursuant to Article 13, paragraph 2, of the Convention, the Republic of Singapore declares that it will no be bound by the provisions of Article 13, paragraph 1 of the Convention.”

St. Lucia

Declarations:

       “1. In accordance with Article 13 paragraph 2 of the Convention, the Government of Saint Lucia does not consider itself bound by the arbitration procedures established under Article 13 paragraph 1 of the Convention.

       2. That the explicit expressed consent of the Government of Saint Lucia would be necessary for any submission of any dispute to arbitration o[r] to the International Court of Justice.”

St. Vincent and the Grenadines

Declaration:

       “Saint Vincent and the Grenadines avails itself of the provisions of article 13, paragraph 2 of the aforesaid  Convention and declares that it does not consider itself bound by the provisions of paragraph 1 of that article under which any dispute between two or more States Parties concerning the interpretation or application of this Convention shall, at the request of one of them, be submitted to arbitration or referred to the International Court of Justice, and states that in each individual case, the consent of all Parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice.”

Switzerland

Declaration:

       The Swiss Federal Council interprets article 4 and article 5, paragraph 1, of the Convention to mean that Switzerland undertakes to fulfil the obligations contained therein in the conditions specified by its domestic legislation.

Syrian Arab Republic19

Declaration:

       1. The Syrian Arab Republic does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention, concerning arbitration and the results thereof.

       2. Accession of the Syrian Arab Republic to this Conven- tion in no way implies recognition of Israel or entry into any relations with Israel concerning any question regulated by this Convention.

Thailand

Reservations:

       "1.  In applying the provision of article 8, paragraph 3 of the Convention, extraditable offences shall be restricted to offences which, under Thai law, are punishable with imprisonment of not less than one year and are subject to the procedural provisions and other conditions of the Thai legislation for extradition.

       2.  The Kingdom of Thailand does not consider itself bound by article 13, paragraph 1 of the Convention."

Trinidad and Tobago

       "The Republic of Trinidad and Tobago avails itself of the provisions of article 13, paragraph 2, and declares that it does not consider itself bound by the provisions of paragraph 1 of that article under which any dispute between two or more States Parties concerning the interpretation or application of this Con- vention shall, at the request of one of them, be submitted to ar- bitration or referred to the International Court of Justice, and states that in each individual case, the consent of all Parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice."

Tunisia

Reservation made upon signature and confirmed upon ratification:

       No dispute may be brought before the International Court of Justice unless by agreement between all parties to the dispute.

Ukraine

Reservation made upon signature and confirmed upon ratification:

       The Ukrainian Soviet Socialist Republic does not consider it self bound by the provisions of article 13, paragraph 1, of the Convention, under which any dispute between two or more States Parties concerning the interpretation or application of the Convention shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice, and states that, in each individual case, the consent of all parties to such a dispute is necessary for submission of the dispute to arbitration or to the International Court of Justice.

Venezuela (Bolivarian Republic of)

Reservation:

       The Bolivarian Republic of Venezuela, in accordance with the provision of article 13 (2) of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents formulates a reservation with respect to the provision established under paragraph 1 of the said article. Consequently, it does not consider itself obligated to refer to arbitration as a means of settlement of disputes, nor does it recognize the compulsory jurisdiction of the International Court of Justice.

Viet Nam

Reservation:

       "Acceding to this Convention, the Socialist Republic of Viet Nam makes its reservation to paragraph 1 of article 13 of the Convention."

Yemen13,19

Reservation:

       In acceding to this Convention, the People's Democratic Republic of Yemen does not consider itself bound by article 13, paragraph 1, of the Convention, which states that disputes be- tween States parties concerning the interpretation or application of this Convention may, at the request of anyone of the parties to the dispute, be referred to the International Court of Justice.  It declares that the competence of the International Court of Justice with respect to disputes concerning the interpretation or application of the Convention shall in each case be subject to the express consent of all parties to the dispute.

Declaration

       The People's Democratic Republic of Yemen declares that its accession to this Convention shall in no way signify recognition of Israel or serve as grounds for the establishment of relations of any sort with Israel.

Germany<superscript>6</superscript>

30 November 1979

       The statement by the Republic of Iraq on sub-paragraph (b) of paragraph (1) of article 1 of the Convention does not have any legal effects for the Federal Republic of Germany.

25 March 1981

       The Government of the Federal Republic of Germany con- siders the reservation made by the Government of Burundi con- cerning article 2, paragraph 2, and article 6, paragraph 1, of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, to be incompatible with the object and purpose of the Convention.

3 November 2004

With regard to the declaration made by Malaysia upon accession:

       "The Government of the Federal Republic of Germany has examined the declaration relating to the Convention on the Prevention and Punishment of Crimes against internationally protected Persons, including Diplomatic Agents made by the Government of Malaysia at the time of its accession to the Convention.

       The Government of the Federal Republic of Germany considers that in making the interpretation and application of Article 7 of the Convention subject to the national legislation of Malaysia, the Government of Malaysia introduces a general and indefinite reservation that makes it impossible to clearly identify in which way the Government of Malaysia intends to change the obligations arising from the Convention. Therefore the Government of the Federal Republic of Germany hereby objects to this declaration which is considered to be a reservation that is incompatible with the object and purpose of the Convention.  This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and Malaysia."

Italy

       (a) The Italian Government does not consider as valid the reservation made by Iraq on 28 February 1978 with regard to article 1, paragraph 1(b), of the said Convention;

       (b) With regard to the reservation expressed by Burundi on 17 December 1980, [the Italian Government considers that] the purpose of the Convention is to ensure the punishment, world-wide, of crimes against internationally protected persons,         including diplomatic agents, and to deny a safe haven to the perpetrators of such crimes. Considering therefore that the reservation expressed by the Government of Burundi is incompatible with the aim and purpose of the Convention, the Italian Government can not consider Burundi's accession to the Convention as valid as long as it does not withdraw that reservation.

United Kingdom of Great Britain and Northern Ireland

       "The Government of the United Kingdom of Great Britain and Northern Ireland do not regard as valid the reservation made by Iraq in respect of paragraph (1) (b) of article 1 of the said Convention."

15 January 1982

       "The purpose of this Convention was to secure the world-wide repression of crimes against internationally protected persons, including diplomatic agents, and to deny the perpetrators of such crimes a safe haven.  Accordingly the Government of the United Kingdom of Great Britain and Northern Ireland regard the reservation entered by the Government of Burundi as incompatible with the object and purpose of the Convention, and are unable to consider Burundi as having validly acceded to the Convention until such time as the reservation is withdrawn."