Главная страницаZaki.ru законы и право Поиск законов поиск по сайту Каталог документов каталог документов Добавить в избранное добавить сайт Zaki.ru в избранное




<Статус Конвенции о запрещении или ограничении применения конкретных видов обычного оружия, которые могут считаться наносящими чрезмерные повреждения или имеющими неизбирательное действие (Женева, 10 октября 1980 года)» [рус., англ.] (по состоянию на 16.09.2010)





the concentration of civilians. Article 2 does not provide for any exception to this condition. Therefore, the reservation appears to run counter to the object and purpose of the Protocol also in respect of paragraph 3 of Article 2.
Protocol III does not expressly prohibit reservations. However, a reservation should not undermine the object and purpose of the treaty in question. The reservation made by the United States of America appears to undermine the core purpose of Protocol III, that is the protection of civilians.
The Government of Finland has carefully noted the further explanations submitted by the United States. Finland is not, however, fully satisfied that the reservation in light of the explanations can be interpreted as a narrow reservation consistent with the underlying key principles of international humanitarian law, and with the object and purpose of the Protocol.
The Government of Finland therefore objects to the said reservation and considers that it is without legal effect between the United States of America and Finland. This objection shall not preclude the entry into force of Protocol III between the United States of America and Finland."

France
2 February 2010
With regard to the reservation made by the United States of America upon consenting to be bound by Protocol III to the above Convention:
The Government of the French Republic has examined the reservation made by the United States of America upon acceding to the Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III) annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects.
By this reservation, the United States of America reserves the right to use incendiary weapons against military objectives located in concentrations of civilians where it is judged that such use would cause fewer casualties and/or less collateral damage than alternative weapons. In so doing, the reservation both excludes the prohibition set out in article 2, paragraph 2, and alters the derogation regime set out in article 2, paragraph 3.
Accordingly, the Government of the French Republic considers this reservation to be contrary to the object and purpose of the Protocol since, despite the assurances given by the United States of America, it cannot guarantee the protection of civilians, which is the raison d'etre of the Protocol. The Government of the French Republic therefore wishes to register an objection to this reservation. This objection shall not preclude the entry into force of the Protocol between France and the United States of America.

Germany
1 February 2010
With regard to the reservation made by the United States of America upon consenting to be bound by Protocol III to the above Convention:
"The Federal Republic of Germany has examined the reservation submitted by the United States of America on 21 January 2009 concerning Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (CCW) and raises an objection to it.
The Federal Republic of Germany understands that the intention of the reservation submitted by the United States of America is to cause fewer casualties and/or less collateral damage.
However, the Federal Republic of Germany is of the opinion that the reservation is incompatible with the object and purpose of the CCW and Protocol III and that it would leave the decision of whether or not the respective norms of the Protocol should be applied to the discretion of a military commander.
This objection does not preclude the entr



> 1 2 3 ... 17 18 19 ... 23 24 25

Поделиться:

Опубликовать в своем блоге livejournal.com
0.1413 с