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5. International Convention Against the Taking of Hostages

New York, 17 December 1979

 

Entry into force: 3 June 1983, in accordance with article 18 (2) which reads as follows: "1. This Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations. 2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratificaiton or accession.".
Registration: 3 June 1983, No. 21931.
Status: Signatories: 39 ,Parties: 164.
Text: United Nations, Treaty Series, vol. 1316, p. 205; and depositary notifications C.N.209.1987.TREATIES-6 of 8 October 1987 and C.N.324.1987.TREATIES-9 of 1 February 1988 (procès-verbal of rectification of the original Russian text). 

Note: The Convention was adopted by resolution 34/1461 of the General Assembly of the United Nations dated 17 December 1979. It was opened for signature from 18 December 1979 to 31 December 1980.

 

 

PARTICIPANTS

Participant  Signature  Ratification, Accession (a), Succession (d) 
Afghanistan    24 Sep 2003 a 
Albania    22 Jan 2002 a 
Algeria    18 Dec 1996 a 
Andorra    23 Sep 2004 a 
Antigua and Barbuda    6 Aug 1986 a 
Argentina    18 Sep 1991 a 
Armenia    16 Mar 2004 a 
Australia    21 May 1990 a 
Austria  3 Oct 1980  22 Aug 1986 
Azerbaijan    29 Feb 2000 a 
Bahamas    4 Jun 1981 a 
Bahrain    16 Sep 2005 a 
Bangladesh    20 May 2005 a 
Barbados    9 Mar 1981 a 
Belarus    1 Jul 1987 a 
Belgium  3 Jan 1980  16 Apr 1999 
Belize    14 Nov 2001 a 
Benin    31 Jul 2003 a 
Bhutan    31 Aug 1981 a 
Bolivia  25 Mar 1980  7 Jan 2002 
Bosnia and Herzegovina2    1 Sep 1993 d 
Botswana    8 Sep 2000 a 
Brazil    8 Mar 2000 a 
Brunei Darussalam    18 Oct 1988 a 
Bulgaria    10 Mar 1988 a 
Burkina Faso    1 Oct 2003 a 
Cambodia    27 Jul 2006 a 
Cameroon    9 Mar 1988 a 
Canada  18 Feb 1980  4 Dec 1985 
Cape Verde    10 Sep 2002 a 
Central African Republic    9 Jul 2007 a 
Chad    1 Nov 2006 a 
Chile  3 Jan 1980  12 Nov 1981 
China3,4    26 Jan 1993 a 
Colombia    14 Apr 2005 a 
Comoros    25 Sep 2003 a 
Costa Rica    24 Jan 2003 a 
Côte d'Ivoire    22 Aug 1989 a 
Croatia    23 Sep 2003 d 
Cuba    15 Nov 2001 a 
Cyprus    13 Sep 1991 a 
Czech Republic5    22 Feb 1993 d 
Democratic People's Republic of Korea    12 Nov 2001 a 
Democratic Republic of the Congo  2 Jul 1980   
Denmark    11 Aug 1987 a 
Djibouti    1 Jun 2004 a 
Dominica    9 Sep 1986 a 
Dominican Republic  12 Aug 1980  3 Oct 2007 
Ecuador    2 May 1988 a 
Egypt  18 Dec 1980  2 Oct 1981 
El Salvador  10 Jun 1980  12 Feb 1981 
Equatorial Guinea    7 Feb 2003 a 
Estonia    8 Mar 2002 a 
Ethiopia    16 Apr 2003 a 
Finland  29 Oct 1980  14 Apr 1983 
France    9 Jun 2000 a 
Gabon  29 Feb 1980  19 Apr 2005 
Georgia    18 Feb 2004 a 
Germany6,7  18 Dec 1979  15 Dec 1980 
Ghana    10 Nov 1987 a 
Greece  18 Mar 1980  18 Jun 1987 
Grenada    10 Dec 1990 a 
Guatemala  30 Apr 1980  11 Mar 1983 
Guinea    22 Dec 2004 a 
Guyana    12 Sep 2007 a 
Haiti  21 Apr 1980  17 May 1989 
Honduras  11 Jun 1980  1 Jun 1981 
Hungary    2 Sep 1987 a 
Iceland    6 Jul 1981 a 
India    7 Sep 1994 a 
Iran (Islamic Republic of)    20 Nov 2006 a 
Iraq  14 Oct 1980   
Ireland    30 Jun 2005 a 
Israel  19 Nov 1980   
Italy  18 Apr 1980  20 Mar 1986 
Jamaica  27 Feb 1980  9 Aug 2005 
Japan  22 Dec 1980  8 Jun 1987 
Jordan    19 Feb 1986 a 
Kazakhstan    21 Feb 1996 a 
Kenya    8 Dec 1981 a 
Kiribati    15 Sep 2005 a 
Kuwait    6 Feb 1989 a 
Kyrgyzstan    2 Oct 2003 a 
Lao People's Democratic Republic    22 Aug 2002 a 
Latvia    14 Nov 2002 a 
Lebanon    4 Dec 1997 a 
Lesotho  17 Apr 1980  5 Nov 1980 
Liberia  30 Jan 1980  5 Mar 2003 
Libyan Arab Jamahiriya    25 Sep 2000 a 
Liechtenstein    28 Nov 1994 a 
Lithuania    2 Feb 2001 a 
Luxembourg  18 Dec 1979  29 Apr 1991 
Madagascar    24 Sep 2003 a 
Malawi    17 Mar 1986 a 
Malaysia    29 May 2007 a 
Mali    8 Feb 1990 a 
Malta    11 Nov 2001 a 
Marshall Islands    27 Jan 2003 a 
Mauritania    13 Mar 1998 a 
Mauritius  18 Jun 1980  17 Oct 1980 
Mexico    28 Apr 1987 a 
Micronesia (Federated States of)    6 Jul 2004 a 
Moldova    10 Oct 2002 a 
Monaco    16 Oct 2001 a 
Mongolia    9 Jun 1992 a 
Montenegro8    23 Oct 2006 d 
Morocco    9 May 2007 a 
Mozambique    14 Jan 2003 a 
Myanmar    4 Jun 2004 a 
Nauru    2 Aug 2005 a 
Nepal    9 Mar 1990 a 
Netherlands9  18 Dec 1980  6 Dec 1988 
New Zealand10  24 Dec 1980  12 Nov 1985 
Nicaragua    24 Sep 2003 a 
Niger    26 Oct 2004 a 
Norway  18 Dec 1980  2 Jul 1981 
Oman    22 Jul 1988 a 
Pakistan    8 Sep 2000 a 
Palau    14 Nov 2001 a 
Panama  24 Jan 1980  19 Aug 1982 
Papua New Guinea    30 Sep 2003 a 
Paraguay    22 Sep 2004 a 
Peru    6 Jul 2001 a 
Philippines  2 May 1980  14 Oct 1980 
Poland    25 May 2000 a 
Portugal4  16 Jun 1980  6 Jul 1984 
Republic of Korea    4 May 1983 a 
Romania    17 May 1990 a 
Russian Federation    11 Jun 1987 a 
Rwanda    13 May 2002 a 
Saint Kitts and Nevis    17 Jan 1991 a 
Saint Vincent and the Grenadines    12 Sep 2000 a 
Sao Tome and Principe    23 Aug 2006 a 
Saudi Arabia    8 Jan 1991 a 
Senegal  2 Jun 1980  10 Mar 1987 
Serbia2    12 Mar 2001 d 
Seychelles    12 Nov 2003 a 
Sierra Leone    26 Sep 2003 a 
Slovakia5    28 May 1993 d 
Slovenia2    6 Jul 1992 d 
South Africa    23 Sep 2003 a 
Spain    26 Mar 1984 a 
Sri Lanka    8 Sep 2000 a 
Sudan    19 Jun 1990 a 
Suriname  30 Jul 1980  5 Nov 1981 
Swaziland    4 Apr 2003 a 
Sweden  25 Feb 1980  15 Jan 1981 
Switzerland  18 Jul 1980  5 Mar 1985 
Tajikistan    6 May 2002 a 
Thailand    2 Oct 2007 a 
The Former Yugoslav Republic of Macedonia2    12 Mar 1998 d 
Togo  8 Jul 1980  25 Jul 1986 
Tonga    9 Dec 2002 a 
Trinidad and Tobago    1 Apr 1981 a 
Tunisia    18 Jun 1997 a 
Turkey    15 Aug 1989 a 
Turkmenistan    25 Jun 1999 a 
Uganda  10 Nov 1980  5 Nov 2003 
Ukraine    19 Jun 1987 a 
United Arab Emirates    24 Sep 2003 a 
United Kingdom of Great Britain and Northern Ireland3,11  18 Dec 1979  22 Dec 1982 
United Republic of Tanzania    22 Jan 2003 a 
United States of America  21 Dec 1979  7 Dec 1984 
Uruguay    4 Mar 2003 a 
Uzbekistan    19 Jan 1998 a 
Venezuela (Bolivarian Republic of)    13 Dec 1988 a 
Yemen    14 Jul 2000 a 
 

 

DECLARATIONS

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made

upon ratification, accession or succession.)

Algeria

Reservation:

The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 16, paragraph 1, of the [said Convention].

These provisions are not in accordance with the view of the Government of the People's Democratic Republic of Algeria that the submission of a dispute to the International Court of Justice requires the prior agreement of all the parties concerned in each case.

Belarus

The Byelorussian Soviet Socialist Republic does not consider itself bound by article 16, paragraph 1, of the International Convention against the Taking of Hostages and declares that, in order for any dispute between parties to the Convention concerning the interpretation or application thereof to be referred to arbitration or to the International Court of Justice, the consent of all parties to the dispute must be secured in each individual case.

The Byelorussian Soviet Socialist Republic condemns international terrorism, which takes the lives of innocent people, constitutes a threat to their freedom and personal inviolability and destabilizes the international situation, whatever the motives used to explain terrorist actions. Accordingly, the Byelorussian Soviet Socialist Republic considers that article 9, paragraph 1, of the Convention should be applied in a manner consistent with the stated aims of the Convention, which include the development of international co-operation in adopting effective measures for the prevention, prosecution and punishment of all acts of hostage-taking as manifestations of international terrorism through, inter alia, the extradition of alleged offenders.

Brazil

Reservation:

With the reservation provided under article 16 (2).

Bulgaria12

Declaration on article 9, paragraph 1:

The People's Republic of Bulgaria condemns all acts of international terrorism, whose victims are not only governmental and public officials but also many innocent people, including mothers, children, old-aged, and which exerts an increasingly destabilizing impact on international relations, complicates considerably the political solution of crisis situations, irrespective of the reasons invoked to explain terrorist acts. The People's Republic of Bulgaria considers that article 9, paragraph 1 of the Convention should be applied in a manner consistent with the stated aims of the Convention, which include the development of international co-operation in adopting effective measures for the prevention, prosecution and punishment of all acts of hostage-taking as manifestations of international terrorism, including extradition of alleged offenders.

Chile

The Government of the Republic [of Chile], having approved this Convention, states that such approval is given on the understanding that the aforesaid Convention prohibits the taking of hostages in any circumstances, even those referred to in article 12.

China

Reservation:

The People's Republic of China makes its reservation to article 16, paragraph 1, and does not consider itself bound by the provisions of article 16, paragraph 1, of the Convention.

Colombia

Reservation:

In accordance with article 16 (2) of the Convention, Colombia does not consider itself bound by the provisions of article 16 (1).

Cuba

Reservation:

The Republic of Cuba declares, pursuant to article 16, paragraph 2, that it does not consider itself bound by paragraph 1 of the said article, concerning the settlement of disputes arising between States Parties, inasmuch as it considers that such disputes must be settled through amicable negotiation. In consequence, it reiterates that it does not recognize the compulsory jurisdiction of the International Court of Justice.

Czech Republic3

Democratic People's Republic of Korea

Reservations:

... with the following reservations:

1. The Democratic People's Republic of Korea does not consider itself bound by the provisions of article 16, paragraph 1 of the Convention.

2. The Democratic People's Republic of Korea does not consider itself bound by the provisions of article 5, paragraph 3 of the Convention.

Dominica

Understanding:

"The aforesaid Convention prohibits the taking of hostages in any circumstances, even those referred to in article 12."

El Salvador

Upon signature:

With the reservation permitted under article 16 (2) of the said Convention.

Upon ratification:

Reservation with respect to the application of the provisions of article 16, paragraph 1 of the Convention.

Ethiopia

Reservation pursuant to article 16 (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."

France

Declarations:

1. France considers that the act of hostage-taking is prohibited in all circumstances.

2. With regard to the application of article 6, France, in accordance with the principles of its penal procedure, does not intend to take an alleged offender into custody or to take any other coercive measures prior to the institution of criminal proceedings, except in cases where pre-trial detention has been requested.

3. With regard to the application of article 9, extradition will not be granted if the person whose extradition is requested was a French national at the time of the events or, in the case of a foreign national, if the offence is punishable by the death penalty under the laws of the requesting State, unless that State gives what are deemed to be adequate assurances that the death penalty will not be imposed or, if a death sentence is passed, that it will not be carried out.

Hungary13

India

Reservation:

"The Government of the Republic of India declares that it does not consider itself bound by paragraph 1 of article 16 which establishes compulsory 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 at the request of one of them."

Iran (Islamic Republic of)

Reservation:

"Pursuant to Article 16, paragraph 2 of the International Convention against the Taking of Hostages, the Government of the Islamic Republic of Iran declares that it does not consider itself bound by the provisions of Article 16, paragraph 1 of the Convention regarding the reference of any dispute concerning the interpretation, or application of this Convention, which is not settled by negotiation to arbitration or to the International Court of Justice."

Interpretative declaration:

"The Government of the Islamic Republic of Iran declares its categorical condemnation of each and every act of terrorism, including taking innocent civilians as hostages, which violates human rights and fundamental freedom of human kind, undermines the stability and security of human communities, and hinders countries from development and progress. The Islamic Republic of Iran believes that elimination of terrorism requires a comprehensive campaign by the international community to identify and eradicate political, economic, social and international root causes of the scourge.

The Islamic Republic of Iran further believes that fighting terrorism should not affect the legitimate struggle of peoples under colonial domination and foreign occupation in the exercise of their right of self-determination, as enshrined in a variety of international documents, including the Charter of the United Nations, the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, and Article 1 paragraph 4 of the Protocol I Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts."

Israel

Upon signature:

"1. It is the understanding of Israel that the Convention implements the principle that hostage taking is prohibited in all circumstances and that any person committing such an act shall be either prosecuted or extradited pursuant to article 8 of this Convention or the relevant provisions of the Geneva Conventions of 1949 or their additional Protocols, without any exception whatsoever.

"2) The Government of Israel declares that it reserves the right, when depositing the instrument of ratification, to make reservations and additional declarations and understandings."

Italy

Upon signature:

The Italian Government declares that, because of the differing interpretations to which certain formulations in the text lend themselves, Italy reserves the right, when depositing the instrument of ratification, to invoke article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969 in conformity with the general principles of international law.

Jordan

"The Government of the Hashemite Kingdom of Jordan declares that their accession to the International Convention against the Taking of Hostages can in no way be construed as constituting recognition of, or entering into treaty relations with the 'state of Israel'.

Kenya

"The Government of the Republic of Kenya does not consider herself bound by the provisions of paragraph (1) of the article 16 of the Convention."

Kuwait14

Declaration:

It is understood that the accession to this Convention does not mean in any way a recognition of Israel by the Government of the State of Kuwait.

Furthermore, no treaty relations will arise between the State of Kuwait and Israel.

Lao People's Democratic Republic

Reservation:

"In accordance with paragraph 2, Article 16 of the International Convention Against the Taking of Hostages, the Lao People's Democratic Republic does not consider itself bound by paragraph 1, article 16 of the present Convention. The Lao People's Democratic Republic declares that to refer 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."

Lebanon

Declaration:

1. The accession of the Lebanese Republic to the Convention shall not constitute recognition of Israel, just as the application of the Convention shall not give rise to relations or cooperation of any kind with it.

2. The provisions of the Convention, and in particular those of its article 13, shall not affect the Lebanese Republic's stance of supporting the right of States and peoples to oppose and resist foreign occupation of their territories.

Liechtenstein

Interpretative declaration:

The Principality of Liechtenstein construes article 4 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.

Malaysia

Declarations and reservation:

"1. The Government of Malaysia understands the phrase 'preliminary inquiry into the facts' in Article 6 (1) of the Convention to mean a reference to the criminal investigation by the relevant law enforcement authority before a decision is made whether to institute a prosecution against the alleged offender for the offences under the Convention. 2. The Government of Malaysia understands Article 8 (1) 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. 3. (a) Pursuant to Article 16 (2) of the Convention, the Government of Malaysia declares that it does not consider itself bound by article 16 (1) 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 16 (1) of the Convention or any other procedure for arbitration."

Malawi

"While the Government of the Republic of Malawi accepts the principles in article 16, this acceptance would nonetheless be read in conjunction with [the] declaration [made by the President and the Minister for Foreign Affairs of Malawi] of 12 December, 1966 upon recognition as compulsory, the jurisdiction of the International Court of Justice under article 36, paragraph 2, of the State of the Court."

Mexico

In relation to article 16, the United Mexican States adhere to the scope and limitations established by the Government of Mexico on 7 November 1945, at the time when it ratified the Charter of the United Nations and the Statute of the International Court of Justice.

6 August 1987

The Government of Mexico subsequently specified that the said declaration should be understood to mean that, in so far as article 16 is concerned, the United Mexican States accede subject to the limits and restrictions laid down by the Mexican Government when recognizing, on 23 October 1947, the compulsory jurisdiction of the International Court of Justice in accordance with article 36, paragraph 2, of the State of the Court.

Moldova

Reservation:

Pursuant to article 16, paragraph 2 of the International Convention against the Taking of Hostages, the Republic of Moldova declares that it does not consider itself bound by the provisions of article 16, paragraph 1 of the Convention.

Montenegro8

Confirmed upon succession:

Declaration:

"The [Government of Yugoslavia] herewith states that the provisions of Article 9 of the Convention should be interpreted and applied in practice in the way which would not bring into question the goals of the Convention, i.e. undertaking of efficient measures for the prevention of all acts of the taking of hostages as a phenomenon of international terrorism, as well as the prosecution, punishment and extradition of persons considered to have perpetrated this criminal offence."

Mozambique

Declaration:

"... with the following declaration in accordance with its article 16, paragraph 2:

"The Republic of Mozambique does not consider itself bound by the provisions of article 16 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 the Union of Myanmar does not consider itself bound by the article 16 (1) of the International Convention against the Taking of Hostages adopted on 17 December 1979."

Netherlands

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 5, paragraph 1, the Kingdom accepts the aforesaid obligation [laid down in article 8] subject to the condition that it has received and rejected a request for extradition from another State party to the Convention."

Declaration:

"In the view of the Government of the Kingdom of the Netherlands article 15 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."

Russian Federation15

Saudi Arabia14

Reservation:

1. The Kingdom of Saudi Arabia does not consider itself obligated with the provision of paragraph 1, of article 16, of the Convention concerning arbitration.

Declaration:

2. The accession of the Kingdom of Saudi Arabia to this Convention does not constitute a recognition of Israel and does not lead to entering into any transactions or the establishment of any relations based on this Convention.

Serbia2

Confirmed upon succession:

Declaration:

"The [Government of Yugoslavia] herewith states that the provisions of Article 9 of the Convention should be interpreted and applied in practice in the way which would not bring into question the goals of the Convention, i.e. undertaking of efficient measures for the prevention of all acts of the taking of hostages as a phenomenon of international terrorism, as well as the prosecution, punishment and extradition of persons considered to have perpetrated this criminal offence."

Slovakia3

Switzerland

Declaration:

The Swiss Federal Council interprets article 4 of the Con-vention to mean that Switzerland undertakes to fulfil the obligations contained therein in the conditions specified by its domestic legislation.

Thailand

Reservation:

"The Government of the Kingdom of Thailand does not consider itself bound by Article 16, paragraph 1 of the Convention."

Tunisia

Reservation:

[The Government of the Republic of Tunisia] declares that it does not consider itself bound by the provisions of paragraph 1 of article 16 and states that disputes concerning the interpretation or application of the Convention can only be submitted to arbitration or to the International Court of Justice with the prior consent of all the Parties concerned.

Turkey

Reservation:

In acceding to the Convention the Government of the Republic of Turkey, under article 16 (2) of the Convention declares that it doesn't consider itself bound by the provisions of paragraph (1) of the said article.

Ukraine

[Same reservation and declaration identical in substance, mutatis mutandis, as those made by Belarus.]

Venezuela (Bolivarian Republic of)

Declaration:

The Republic of Venezuela declares that it is not bound by the provisions of article 16, paragraph 1, of the Convention.

Objections

(Unless otherwise indicated, the objections were made upon ratification,

accession or succession.)

Israel

9 Septemer 1998

With regard to declarations made by Lebanon upon accession:

"... The Government of Israel refers in particular to the political declaration "[see declaration "1" made under "Lebanon"] made by the Lebanese Republic on acceding to the [said] Convention.

"In the view of the Government of Israel, this Convention is not the proper place for making declarations of a political character. The Government of Israel will, in so far as concerns the substance of the matter adopt towards the Lebanese Republic an attitude of complete reciprocity.

"Moreover, in view of the Government of Israel, the Lebanese understanding of certain of the Convention's provisions [see declaration "2" made under "Lebanon" ] is incompatible with and contradictory to the object and purpose of the Convention and in effect defeats that object and purpose."

Italy

27 March 2007

With regard to the interpretative declaration made by the Islamic Republic of Iran upon accession:

"The interpretative declaration made by Iran would limit the scope of application of the Convention to exclude acts that otherwise constitute the offence of "taking of hostages" under article 2, if they meet the test of "legitimate struggle of peoples under colonial domination and foreign occupation in the exercise of their right of self-determination". The interpretative declaration does not limit the obligations of Iran under the Convention with regard to article 1.

Italy wishes to make clear that it opposes any and all interpretations of the Convention that would limit its scope of application, and does not consider the declaration made by Iran to have any effect on the Convention. Italy thus regards the Convention as entering into force between Italy and Iran without the interpretative declaration made by Iran."

Latvia

24 October 2007

With regard to the reservation and interpretative declaration made by the Government of the Isalmic Republic of Iran upon accession:

[Waiting for text].

Notifications made under article 7

(Unless otherwise indicated, the notifications were made upon ratification,

acceptance or succession.)

Saudi Arabia

11 December 2001

[For the text of the communication see depositary notification C.N.1500.2001.TREATIES- of 8 January 2002]

 

 

NOTES

1. Official Records of the General Assembly, Thirty-fourth Session, Supplement No. 46 (A/34/46), p. 245.

2. The former Yugoslavia had signed and ratified the Convention on 29 December 1980 and 19 April 1985, respectively, with the following reservation (made upon signature) and declaration (made upon ratification):

"With the reservation with regard to article 9, subject to subsequent approval pursuant to the constitutional provisions in force in Solicalist Federal Republic of Yugoslavia".

Declaration:

"The Government of the Yugoslavia herewith states that the provisions of Article 9 of the Convention should be interpreted and applied in practice in the way which would not bring into question the goals of the Convention, i.e. undertaking of efficient measures for the prevention of all acts of the taking of hostages as a phenomenon of international terrorism, as well as the prosecution, punishment and extradition of persons considered to have perpetrated this criminal offence."

See also note 1 under "Bosnia and Herzegovina", "Croatia", "former Yugoslavia", "Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia" in the "Historical Information" section in the front matter of this volume.

3. The Secretary-General received, on 6 and 10 June 1999, communications concerning the status of Hong Kong from China and the United Kingdom (see also note 2 under "China" and note 2 under "United Kingdom of Great Britain and Northern Ireland" regarding Hong Kong in the "Historical Information" section in the front matter of this volume). Upon resuming the exercise of sovereignty over Hong Kong, China notified the Secretary-General that the Convention with reservation will also apply to the Hong Kong Special Administrative Region.

4. On 28 June 1999, the Government of Portugal informed the Secretary-General that the Convention would also apply to Macao. Subsequently, the Secretary-General received, on 27 October and 3 December 1999, communications concerning the status of Macao from Portgual and China (see also note 3 under "China" and note 1 under "Portugal" regarding Macao in the "Historical Information" section in the front matter of this volume). Upon resuming the exercise of sovereignty over Macao, China notified the Secretary-General that the Convention will also apply to the Macao Special Administrative Region.

5. Czechoslovakia had acceded to the Convention on 27 January 1988, with the following reservation to article 16 (1):

The Czechoslovak Socialist Republic does not consider itself bound by the provision of its article 16, paragraph 1, and states that, in accordance with the principle of sovereign equality of States, for any dispute to be submitted to a conciliation procedure or to the International Court of Justice the consent of all the parties to the dispute is required in each separate case.

Subsequently, on 26 April 1991, the Government of Czechoslovakia notified the Secretary-General of its decision to withdraw the said reservation.

See also note 1 under "Czech Republic" and note 1 under "Slovakia" in the "Historical Information" section in the front matter of this volume.

6. See note 1 under "Germany" regarding Berlin (West) in the "Historical Information" section in the front matter of this volume.

7. The German Democratic Republic had acceded to the Convention on 2 May 1988 with the following reservation and declaration:

Reservation regarding article 16, paragraph 1:

The German Democratic Republic does not consider itself bound by the provisions of article 16, paragraph 1, of the International Convention against the Taking of Hostages and declares that in every single case the consent of all parties in the dispute is necessary to submit to arbitration or refer to the International Court of Justice any dispute between the States Parties to the Convention concerning the interpretation or application of the Convention.

Declaration regarding article 9, paragraph 1:

The German Democratic Republic decisively condemns any act of international terrorism. Therefore, the German Democratic Republic holds the opinion that article 9, paragraph 1, of the Convention shall be applied in such a way as to be in correspondence with the declared aims of the Convention which embrace the taking of effective measures for the prevention, prosecution and punishment of all acts of international terrorism, including the taking of hostages.

See also note 2 under "Germany" in the "Historical Information" section in the front matter of this volume.

8. See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.

9. For the Kingdom in Europe, the Netherlands Antilles and Aruba.

10. For New Zealand (except Tokelau), Cook Islands and Niue.

11. In respect of the United Kingdom of Great Britain and Northern Ireland and the Territories under the territorial sovereignty of the United Kingdom. See also note 3 .

12. On 24 June 1992, the Government of Bulgaria notified the Secretary-General of its decision to withdraw the reservation to article 16 (1) of the Convention, made upon accession which reads as follows:

The People's Republic of Bulgaria does not consider itself bound by the provisions of article 16, paragraph 1 of the International Convention against the Taking of Hostages and declares that submission of any dispute concerning interpretation and application of the Convention between parties to the Convention to arbitration or to the International Court of Justice requires the consent of all parties to the dispute in each individual case.

13. In a communication received on 8 December 1989, the Government of Hungary notified the Secretary-General that it had decided to withdraw its reservation with respect to article 16 made upon accession which reads as follows:

The Hungarian People's Republic does not consider itself bound by the dispute settlement procedures provided for in article 16, paragraph ,1 of the Convention, since in its opinion, the jurisdiction of any arbitral tribunal or of the International Court of Justice can be founded only on the voluntary prior acceptance of such jurisdiction by all the Parties concerned.

14. On 17 May 1989, the Secretary-General received from the Government of Israel the following communication:

"The Government of the State of Israel has noted that the instrument of accession by the Government of Kuwait to the above-mentioned Convention contains a declaration in respect to Israel. In the view of the Government of the State of Israel, such declaration, which is explicitly of a political character, is incompatible with the purposes and objectives of this Convention and cannot in any way affect whatever obligations are binding upon the Government of Kuwait under general international law or under particular Conventions.

"The Government of the State of Israel, will insofar as concerns the substance of the matter, adopt towards the Government of Kuwait an attitude of complete reciprocity."

On 22 May 1991, the Secretary-General received from the Government of Israel a communication, identical in essence, mutatis mutandis , with regard to the declaration made by Saudi Arabia upon accession.

15. In a communication received on 1 May 2007, the Government of the Russian Federation informed the Secretary-General of its decision to withdraw the following reservation made by the Union of Soviet Socialist Republics upon accession to the Convention:

... does not consider itself bound by article 16, paragraph 1, of the International Convention against the Taking of Hostages and declares that, in order for any dispute between parties to the Convention concerning the interpretation or application thereof to be referred to arbitration or to the International Court of Justice, the consent of all parties to the dispute must be secured in each individual case.