Netherlands: Acceptance of Convention on Certain Conventional Weapons

State Netherlands
Treaty Convention on Certain Conventional Weapons
Action Type Acceptance
Depositary Secretary-General of the United Nations
Date 18 June 1987
Note

   "1.    With regard to article 2, paragraph 4, of Protocol II: 

       It is the understanding of the Government of the Kingdom of the Netherlands that a specific area of land may also be a military objective if, because of its location or other reasons specified in paragraph 4, its total or partial destruction, capture, or neutralization in the circumstances ruling at the time, offers a definitive military advantage;

       "2.    With regard to article 3, paragraph 3, under c, of Protocol II: 

       It is the understanding of the Government of the Kingdom of the Netherlands that military advantage refers to the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of the attack;

       "3.    With regard to article 8, paragraph 1, of Protocol II: 

       It is the understanding of the Government of the Kingdom of the Netherlands that the words 'as far as it is able' mean 'as far as it is technically able'.

       "4.    With regard to article 1, paragraph 3, of Protocol III: 

       It is the understanding of the Government of the Kingdom of the Netherlands that a specific area of land may also be a military objective if, because of its location or other reasons specified in paragraph 3, its total or partial destruction, capture, or neutralization in the circumstances ruling at the time, offers a definitive military advantage."

 

Objection:
 
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 Kingdom of the Netherlands has examined the reservation made by the Government of the United States of America at the time of notifying the depositary of its consent to be bound by the Protocol on prohibitions or restrictions on the use of incendiary weapons (Protocol III).
       The Government of the Kingdom of the Netherlands considers that, in respect of paragraph 2 of article 2, the reservation is incompatible with the object and purpose of the Protocol, since it follows from the very language of this provision, being one of the core provisions of the Protocol, that no exception whatsoever is allowed.
       The Government of the Kingdom of the Netherlands furthermore considers that, in respect of paragraph 3 of article 2, the reservation must also be deemed to be incompatible with the object and purpose of the Protocol, since it widens the scope of the exception provided for under this paragraph and thereby risks to undermine the compromise nature of one of the core provisions of the Protocol.
       According to international law a reservation which is incompatible with the object and purpose of a treaty shall not be permitted.
       The Government of the Kingdom of the Netherlands therefore objects to the reservation made by the Government of the United States of America to the Protocol on prohibitions or restrictions on the use of incendiary weapons (Protocol III).
       This objection does not constitute an obstacle to the entry into force of the Protocol between the Kingdom of the Netherlands and the United States of America.”
 
Notes:
 
For the Kingdom in Europe.
 
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TERRITORIAL APPLICATION IN RESPECT OF THE CARIBBEAN PART OF THE NETHERLANDS (ISLANDS OF BONAIRE, SINT EUSTATIUS AND SABA) 

 
The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following:
 
The above action was effected on 28 April 2014.
 
Other Actions Signature on deposit with UN — 10 April 1981