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Treaties and Documents
1949 Conventions and Additional Protocols, and their Commentaries
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Geneva Conventions of 12 August 1949.
China
Reservations made upon ratification:
"1. 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."
"2. Regarding Article 10 of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, the People's Republic of China will not recognize as valid a request by the Detaining Power of the wounded, sick and shipwrecked, 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."
"3. Regarding Article 10 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, the People's Republic of China will not recognize as valid a request by the Detaining Power of prisoners of war 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 prisoners of war are nationals. Regarding Article 12, the People's Republic of China holds that the original Detaining Power which has transferred prisoners of war to another Contracting Power, is not for that reason freed from its responsibility for the application of the Convention while such prisoners of war are in the custody of the Power accepting them. Regarding Article 85, the People's Republic of China is not bound by Article 85 in respect of the treatment of prisoners of war convicted under the laws of the Detaining Power in accordance with the principles laid down in the trials of war crimes or crimes against humanity by the Nuremberg and the Tokyo International Military Tribunals."
"4.Although the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, does not apply to civilian persons outside enemy-occupied areas and consequently does not completely meet humanitarian requirements, it is found to be in accord with the interest of protecting civilian persons in occupied territory and in certain other cases, hence it is ratified with the following reservations:
Regarding Article 11, the People's Republic of China will not recognize as valid a request by the Detaining Power of protected persons 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. Regarding Article 45, the People's Republic of China holds that the original Detaining Power which has transferred protected persons to another Contracting Power, is not for that reason freed from its responsibility for the application of the Convention while such protected persons are in the custody of the Power adopting them."
SOURCE: UNTS, Vol.260, 1957, pp.438-444.
On 31 Mai 2000, the People's Republic of China deposited with the Swiss Federal Council a declaration on the applicability of the Geneva Conventions of 12 August 1949 and the Additional Protocols I and II to the Special Administrative Region of Macao. Pursuant to this declaration, the Conventions and Protocols are applicable to the Special Administrative Region of Macao from 20 December 1999
.
Signature
10.12.1949
Ratification / Accession
28.12.1956
Reservation / Declaration
28.12.1956