World Intellectual Property Organization

Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field

Albania

Reservation made upon signature and maintained upon ratification:
Article 10: "The People's Republic of Albania will not recognize a request by a Detaining Power to a humanitarian organization or to a neutral State to take the place of a Protecting Power, as being in order, unless the Power of which the protected persons are nationals has given its consent."

Angola

Reservation made upon accession:
"In acceding to the Geneva Conventions of 12 August 1949, the People's Republic of Angola reserves the right not to extend the benefits deriving from Article 85 of the Convention concerning the treatment of prisoners of war to persons who have committed war crimes and crimes against humanity as defined in Article VI of the "Nuremberg Principles" as formulated in 1950 by the International Law Commission on the instructions of the United Nations General Assembly"

Bangladesh

In a communication to the States Parties to the Geneva Conventions of August 12, 1949, the Federal Department of Foreign Affairs of Switzerland informed the Governments that the Permanent Mission of Bangladesh to the United Nations in Geneva, in a note dated December 20, 1988, informed the Swiss Government of the decision of the Government of the People's Republic of Bangladesh to use the red crescent instead of the red cross as a distinctive emblem.

China

Reservation made upon ratification:
"Regarding Article 10 of the Geneva Convention for the Amelioration of the Condition of Wounded and Sick in Armed Forces in the Field of August 12, 1949, the People's Republic of China will not recognize as valid a request by the Detaining Power of the wounded and sick, or medical personnel and chaplains to a neutral State or to a humanitarian organization, to undertake the functions which should be performed by a Protecting Power, unless the consent has been obtained of the government of the State of which the protected persons are nationals."

Democratic People's Republic of Korea

Reservation made upon accession:
On Article 10: "In the event of a Power detaining wounded and sick, or medical personnel, requesting a neutral State, or a humanitarian organization, to undertake the functions incumbent on a Protecting Power, the Government of the Democratic People's Republic of Korea will not consider it a legal request unless an approval is obtained from the Government of the State on which the protected persons concerned depend."

Germany

Objection to the reservation made upon accession by Guinea-Bissau to the Geneva Conventions I:
"The reservation formulated in this connection by the Republic of Guinea-Bissau concerning Article 13 (2) of the first Geneva convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (...) exceed, in the opinion of the Government of the Federal Republic of Germany, the purpose and intent of these Conventions and are therefore unacceptable to it. This declaration shall not otherwise affect the validity of the said Geneva Conventions under international law as between the Federal Republic of Germany and the Republic of Guinea-Bissau."

Declaration made upon accession:
"The Federal Republic of Germany stated that the Conventions are also applicable to Land Berlin."

Guinea-Bissau

Reservations made upon accession:
"Article 10: The Council of State of the Republic of Guinea-Bissau does not recognize as legal the request addressed by the Detaining Power to a neutral country, or a humanitarian organization to undertake the functions performed by a Protecting Power, unless the State on which the wounded and sick of the armed forces in the field depend has already agreed to that request.
Article 13: The Council of State of the Republic of Guinea-Bissau does not recognize the 'conditions' provided for in sub paragraph (2) of this article concerning members of other militias and members of other volunteer corps, including those of organized resistance movements, because these conditions are not suited to the people's wars waged today."

Iran (Islamic Republic of)

Declaration made on 4 September 1980:
"The Government of the Islamic Republic of Iran announced via the aforementioned note that in a bid to prevent multiplicity of Distinctive International Emblems for aid and charity related affairs and in order to contribute to the unification of these Distinctive Emblems, it would not practice its right of using the “Red Lion and Sun” as one of the three official emblems of the International Union of the Red Cross and will rather use the “Red Crescent” emblem for this purpose. The measure was adopted with the understanding that all government would oblige themselves to accepting one of the two Red Cross or Red Crescent emblems and once an open violation of this is observed, the right will remain for the Government of the Islamic Republic of Iran to use its distinctive emblem at national and international levels again."

Israel

Declaration relating to the declaration made upon accession by Democratic Yemen:
"The Government of Israel takes note that by declarations dated 10 February 1977, and received by the Swiss Government on 25 May 1977, the Popular Democratic Republic of Yemen adhered to the four Geneva Conventions of 12 August 1949 relating to the protection of war victims. The said instruments were accompanied by a declaration of a political character in respect to Israel. In the view of the Government of Israel, this is not the proper place for making such political pronouncements, which are, moreover, in flagrant contradiction to the principles, objects and purposes of the said Conventions. The said declaration cannot in any way affect whatever obligations are binding upon the Popular Democratic Republic of Yemen under general international law or under particular treaties."

Declaration relating to the declaration made upon accession by Kuwait:
"The Government of Israel has noted the political character of the statement made by the Government of Kuwait on the occasion of the accession to the Geneva Conventions of 1949 for the protection of war victims. In the opinion of the Government of Israel, that declaration is unacceptable and the Government of Israel expresses its formal objections to this statement and regards its relations with Kuwait, it reserves the right to act on the basis of strict reciprocity with respect to matters that are subject to these Conventions. The Government of Israel requests that the text of this note be circulated to all signatories of the Conventions and all States that have ratified or acceded to."

Reservation made upon signature and maintained upon ratification:
"Subject to the reservation that, while respecting the inviolability of the distinctive signs and emblems of the Convention, Israel will use the Red Shield of David as the emblem and distinctive sign of the medical services of her armed forces."

Kuwait

Declaration made upon accession:
"This Accession (...) does not imply recognition of Israel or entering with it into relations governed by the Conventions thereto acceded."

Palestine

On 21 June 1989, the Swiss Federal Department of Foreign Affairs received a letter from the Permanent Observer of Palestine to the United Nations Office at Geneva informing the Swiss Federal Council "that the Executive Committee of the Palestine Liberation Organization, entrusted with the functions of the Government of the State of Palestine by decision of the Palestine National Council, decided, on 4 May 1989, to adhere to the Four Geneva Conventions of 12 August 1949 and the two Protocols additional thereto".
On 13 September 1989, the Swiss Federal Council informed the States that it was not in a position to decide whether the letter constituted an instrument of accession, "due to the uncertainty within the international community as to the existence or non-existence of a State of Palestine".

Portugal

Reservation made upon ratification:
"... the Portuguese Government only accepts article 10 of Conventions I, II and III and article 11 of Convention IV with the reservation that requests by the Detaining Power to a neutral State or to a humanitarian organization to undertake the functions normally performed by Protecting Powers are made with the consent or agreement of the Government of the country of which the persons to be protected are nationals (Countries of origin)."

Republic of Korea

Declaration made upon accession:
"The Government of the Republic of Korea do hereby declare that it is the only lawful Government in Korea, as set forth in General Assembly Resolution 195 (III) of 12 December 1948, and its accession shall not be construed as recognizing any Contracting Party thereto which the Republic of Korea has not hitherto recognized."

Russian Federation

Reservation made upon signature and maintained upon ratification:
"Article 10: The Union of Soviet Socialist Republics will not recognize the validity of requests by the Detaining Power to a neutral State or to a humanitarian organization, to undertake the functions performed by a Protecting Power, unless the consent of the Government of the country of which the protected persons are nationals has been obtained."

the former Yugoslav Republic of Macedonia

Reservation made upon signature and maintained upon ratification:
"On signing the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, I declare that the Government of the Federal People's Republic of Yugoslavia adheres to the said Convention, with a reservation in respect of Article 10: The Government of the Federal People's Republic of Yugoslavia will not consider as legal a request by the Detaining Power that a neutral State or an international organization or a humanitarian organization should undertake the functions performed under the present Convention by the Protecting Powers, on behalf of the wounded and sick, or medical personnel and chaplains, unless the Government whose nationals they are has given its consent."

United Kingdom

Objection in relation with the reservation made by the Republic of Guinea-Bissau:
"In relation to the reservation made by…the Republic of Guinea-Bissau to Article 13 of the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field…, the Government of the United Kingdom wish to state that they are likewise unable to accept those reservations."

United States of America

Declaration relating to the accession of the Provisional Revolutionary Government of the Republic of South Viet-Nam:
"(...) The Government of the United States of America recognizes the Government of the Republic of Viet-Nam and does not recognize the 'Provisional Revolutionary Government of the Republic of South Viet-Nam' as a government. The United States Government therefore does not recognize that the 'Provisional Revolutionary Government of the Republic of South Viet-Nam' is qualified to accede to the Geneva Conventions. Bearing in mind, however, that it is the purpose of the Geneva Conventions that their provisions should protect war victims in armed conflicts, the Government of the United States of America notes that the 'Provisional Revolutionary Government of the Republic of South Viet-Nam' has indicated its intention to apply them subject to certain reservations (...) Other reservations are similar to reservations expressed by others previously and concerning which the Government of the United States has previously declared its views. The Government of the United States rejects all the expressed reservations. "The Government of the United States notes that the views expressed in this note should not be understood as implying any withdrawal from the policy heretofore pursued by its armed forces in according the treatment provided by the Conventions to hostile armed forces"

Objection to the reservations made upon accession by Guinea-Bissau:
"The Department of State refers to the note of March 5, 1974 from the Embassy of Switzerland enclosing the notification of the Swiss Federal Political Department concerning the accession of the Republic of Guinea-Bissau to the Geneva Conventions of August 12, 1949 for the protection of war victims, subject to certain reservations. The reservations are similar to the reservations expressed by others previously with respect to the same or different conventions and concerning which the government of the United States has previously declared its views. The attitude of the Government of the United States with respect to all the reservations by the Republic of Guinea-Bissau parallels its attitude toward such other reservations. The Government of the United States, while rejecting the reservations, accepts treaty relations with the Republic of Guinea-Bissau."

Declaration made upon ratification:
"Rejecting the reservations which States have made with respect to the Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field, the United States accepts treaty relations with all parties to that Convention, except as to the changes proposed by such reservations."

Declaration made upon ratification:
"The United States in ratifying the Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field does so with the reservation that irrespective of any provision or provisions in said convention to the contrary, nothing contained therein shall make unlawful, or obligate the United States of America to make unlawful, any use or right of use within the United States of America and its territories and possessions of the Red Cross emblem, sign, insignia, or words as was lawful by reason of domestic law and a use begun prior to January 5, 1905, provided such use by pre-1905 users does not extend to the placing of the Red Cross emblem, sign, or insignia upon aircraft, vessels, vehicles, buildings or other structures, or upon the ground."

Viet Nam

Reservation made upon accession of the Provisional Revolutionary Government of the Republic of South Viet-Nam on December 3, 1973:
"Ad article 10: The Provisional Revolutionary Government of the Republic of South Viet-Nam recognizes as lawful a request by the Detaining Power to a neutral country or a humanitarian organization, to assume the functions performed by protecting Powers only when the State on which the wounded and sick members of armed forces in the field depend shall have given prior consent to such a request."

Reservation made upon accession of the Democratic Republic of Vietnam on June 28, 1957:
"Article 10: A request by the Detaining Power to a neutral Power or to an organization providing guarantees of impartiality and effectiveness, to undertake the functions entrusted to the Protecting Powers by the Convention, will not be recognized as lawful by the Democratic Republic of Vietnam, unless the State of which the wounded and sick in armed forces in the field are nationals has approved the request."

Yemen

Declaration made upon accession:
"The Government of the People's Democratic Republic of Yemen declares that the accession of the People's Democratic Republic of Yemen to this Conventions by no means implies recognition of Israel"

 

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