ICRC databases on international humanitarian law
Photo
of
Previous photo
Next photo
CLOSE
x
ICRC
Skip navigation
Home
|
What's new
|
Contacts
Language
Select one
Francais
Search
International Committee of the Red Cross
Treaties and States parties to such Treaties
Who we are
Who we are - International Committee of the Red Cross
Mandate and mission
Structure
Finances
Working for the ICRC
The Movement
History
Funds and medals
Contacts
What we do
What we do - ICRC activities on behalf of people affected by war
Visiting detainees
Protecting civilians
Reuniting families
Ensuring economic security
Water and habitat
Health
Cooperation with National Societies
Building respect for IHL
Safeguarding health care
Other activities
Where we work
Where we work - the ICRC worldwide
Africa
Americas
Asia & Pacific
Europe & Central Asia
Middle East
War & Law
War & Law - the legal basis for our action
Treaties and customary law
Contemporary challenges for IHL
Protected persons
Conduct of hostilities
Weapons
Emblem
IHL in domestic law
International criminal jurisdiction
IHL and other legal regimes
Resource centre
Resource centre - Search
Publications and films
Photos
Maps
International review
Annual report
IHL databases
Library and research services
ICRC Archives
Events
Other sites
Gift shop
Video newsroom
Search
Treaties and Documents
1949 Conventions and Additional Protocols, and their Commentaries
By date
By topic
By State
Historical Treaties and Documents
By date
By topic
By State
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.
Commentary -
Notifications
[p.1113] Article 100
-- Notifications
3858 The designation of a depositary is a common characteristic of plurilateral or multilateral treaties. The depositary may be one or
more States, an international [p.1114] organization, or the chief
administrative officer of such an organization. (1) The institution
and the functions of the depositary are codified in Articles 76-80 of
the Vienna Convention on the Law of Treaties of 23 May 1969. (2)
3859 The depositary of the Conventions of 1949 and the Conventions preceding these was the Swiss federal Council (federal government)
and therefore it was logical to designate it as the depositary for
the Protocol.
3860 Apart from the functions described in this article and the articles to which it refers (84
-- ' Rules of application, ' 90
--
' International Fact-Finding Commission, ' 92
-- ' Signature, ' 93
--
' Ratification, ' 94
-- ' Accession, ' 95
-- ' Entry into force, ' 96
-- ' Treaty relations upon entry into force of this protocol, ' 97
--
' Amendment, ' 99
-- ' Denunciation '), other functions are
attributed to the depositary by Articles 7
' (Meetings), ' 98
' (Revision of Annex I), ' 101
' (Registration) ' and 102
' (Authentic texts). '
3861 Finally, in executing a customary function of the depositary codified by the Vienna Convention, on two occasions the depositary
addressed proposals to correct the original text of the Protocol to
the States Parties to the Conventions. In the absence of any
objection on the part of the States concerned within the time-limit
determined, the depositary finally proceeded to correct the errors as
proposed.
3862 The expression "High Contracting Parties" covers States which have become Parties to the Protocol by ratification, accession or
succession. (3) In accordance with Articles 92
' (Signature), ' 93
' (Ratification) ' and 94
' (Accession), ' these States are
[p.1115] all Parties to the Conventions. Basically it would therefore
have been sufficient to mention only these in the introductory
sentence.
3863 Communications by the depositary are made in the form of written notifications; only the provision of sub-paragraph (d) requires that
they are made "by the quickest methods".
' Sub-paragraph ' (a)
3864 During the period that the Protocol was open for signature, the depositary notified the various signatures affixed to the Protocol.
It did the same with regard to the deposit of the instruments of
ratification and accession. The same should also take place in the
case of succession. The notifications contained the text of
declarations and reservations accompanying certain signatures,
ratifications or accessions. (4)
' Sub-paragraph ' (b)
3865 The entry into force of the Protocol on 7 December 1978 in accordance with the terms of Article 95
' (Entry into force), '
paragraph 1, was duly notified by the depositary.
' Sub-paragraph ' (c)
3866 In accordance with Article 84
' (Rules of application), ' the Contracting Parties must communicate to one another their official
translations of the Protocol, as well as any laws and regulations
which they may adopt to ensure its application.
3867 In accordance with Article 90
' (International Fact-Finding Commission), ' paragraph 2(a), the Contracting Parties may declare
that they recognize ' ipso facto ' and without special agreement, in
relation to any other High Contracting Party accepting the same
obligation, the competence of the International fact-finding
Commission to enquire into allegations by such other Party. By 31
December 1984 six States had made such a declaration at the time of
ratification. (5) None did so upon signature, accession, or, as
allowed by Article 90
' (International Fact-Finding Commission), '
"at any other subsequent time".
3868 Finally, Article 97
' (Amendment) ' deals with amendments which might be proposed to this Protocol. No amendment had been proposed
under the terms of the said article as of 31 December 1984.
[p.1116] ' Sub-paragraph ' (d)
3869 This deals with the communication of declarations made by an authority representing a people engaged in a conflict of the
character mentioned in Article 1
' (General principles and scope of
application), ' paragraph 4, against a High Contracting Party. Such a
communication must be made by the quickest methods. This concern is
understandable, since it involves the application of the Protocol in
an actual conflict and human lives could be at stake.
3870 According to its own terms, the depositary will not pass judgment on the representative character of the authority by which the
declaration has been made. On the other hand, it will only proceed to
make a notification under this subparagraph if the State against
which this authority is fighting is a Party to the Protocol. (6)
' Sub-paragraph ' (e)
3871 Any denunciation of the Protocol should be notified by the depositary in the same forms as the other acts covered by this
article -- with the exception of sub-paragraph (d). However, the
effect of such a denunciation might be deferred under the conditions
and for the period defined by Article 99
' (Denunciation), '
paragraph 1.
' B.Z. '
NOTES (1) [(1) p.1114] On this subject, cf., for example, J. Stoll, "Depositary", in ' Encyclopedia of Public International
Law ', op. cit., Instalment 7 (1984), p. 68;
(2) [(2) p.1114] The essence can be found in Article 77 (Functions of depositaries):
"1. The functions of a depositary, unless otherwise provided in the treaty or agreed by the Contracting
States, comprise in particular:
(a) keeping custody of the original text of the treaty and of any full powers delivered to the depositary;
(b) preparing certified copies of the original text and preparing any further text of the treaty in such additional languages as may be required by the treaty and transmitting them to the parties and to the States entitled to become parties to the treaty;
(c) receiving any signatures to the treaty and receiving and keeping custody of any instruments,
notifications and communications relating to it;
(d) examining whether the signature or any instrument, notification or communication relating to the
treaty is in due and proper form and, if need be, bringing
the matter to the attention of the State in question;
(e) informing the parties and the States entitled to
become parties to the treaty of acts, notifications and
communications relating to the treaty;
(f) informing the States entitled to become parties to the treaty when the number of signatures or of
instruments of ratification, acceptance, approval or
accession required for the entry into force of the treaty
has been received or deposited;
(g) registering the treaty with the Secretariat of the United Nations;
(h) performing the functions specified in other provisions of the present Convention.
2. In the event of any difference appearing between a
State and the depositary as to the performance of the
latter's functions, the depositary shall bring the
question to the attention of the signatory States and the
contracting States or, where appropriate, of the competent
organ of the international organization concerned.";
(3) [(3) p.1114] On the expression "the High Contracting Parties", cf. commentary Preamble, supra, p. 25. On
ratification, accession and succession, cf. commentary
Arts. 93, supra, pp. 1071-1072, and 94, supra, p. 1075;
(4) [(4) p.1115] On the question of reservations and declarations, cf. the introduction to this Part, supra,
pp. 1059-1065;
(5) [(5) p.1115] For the list of these States, cf. infra, p. 1549;
(6) [(6) p.1116] ' Message du Conseil fédéral suisse aux Chambres fédérales ' of 18 February 1981, chapter 211.72;