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Reservations to the Geneva Conventions of 1949

Published online by Cambridge University Press:  13 January 2010

Claude Pilloud
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Extract

The International Review of the Red Cross published in August 1957 a study concerning reservations to the 1949 Geneva Conventions for the protection of war victims. At that time a total of 66 States were bound by the Conventions and 18 of them had expressed their accession subject to reservations. In July 1965, the Review published an additional study on the same subject. At that date, the number of States bound by the Conventions had increased to a total of 106; of these, 20 had expressed reservations.

Type
Research Article
Information
International Review of the Red Cross (1961 - 1997) , Volume 16 , Issue 180 , March 1976 , pp. 107 - 124
Copyright
Copyright © International Committee of the Red Cross 1976

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References

page 111 note 1 This is not however the opinion of the International Law Commission of the United Nations (Report on 24th Session, No. 10 (A/8710/Rev.l), p. 15 and 26th Session (A/9610/Rev. 1), p. 66). That opinion was subject to criticism during discussions in the General Assembly by various speakers who would wish to see the successor state completely free to ratify, accede to, make reservations or withdraw them as it wished. This would amount to an illustration of the “clean slate” principle whereby successor States are not bound in any manner by treaties concluded by the State to which they succeed.

page 112 note 1 The language quoted refers specifically to the Fourth Convention. The texts concerning the other statements were the same except for the titles of the respective Conventions.

page 112 note 2 Geneva Conventions for the protections of war victims. Report of the Committee on Foreign Relations: 48th Congress, 1st Session, Washington, 1955, p. 29.

page 113 note 1 Ibid.

page 113 note 2 American Journal of International Law, 1955, p. 552.Google Scholar

page 123 note 1 See, inter alia, the Bulletin of the Magen David Adom, No. 8, January 1976. S. Rosenne, Israel Year Book on Human Rights, Vol. 5, 1975.

page 124 note 1 Report of the Committee on Foreign Relations, D.E.F. and G., 82nd Congress, 1st session.

page 124 note 2 Commentary, Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, by Jean S. Pictet, page 387.