6. Convention on the non-applicability of statutory limitations to war crimes and crimes against humanity (New York, 26 November 1968) 1

Note: The Convention was opened for signature at New York from 16 December 1968 until 31 December 1969, in accordance with its article V.

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession.)

Afghanistan

Since the provisions of articles V and VII of the said Convention, according to which some States cannot become a party to the Convention, are not in conformity with the universal character of the Convention, the Presidium of the Revolutionary Council of the Democratic Republic of Afghanistan states that, on the basis of the principle of the sovereign equality of States, the Convention should remain open to all States.

Albania

The Government of the People's Republic of Albania states that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity are unacceptable because, in preventing a number of States from becoming parties to the Convention, they are discriminatory in nature and thus violate the principle of the sovereign equality of States and are incompatible with the spirit and purposes of the Convention.

Belarus

The Byelorussian Soviet Socialist Republic declares that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, which prevent certain States from signing the Convention or acceding to it are contrary to the principle of the sovereign equality of States.

Bulgaria

The People's Republic of Bulgaria deems it necessary at the same time to declare that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, which prevent a number of States from signing the Convention or acceding to it, are contrary to the principle of the sovereign equality of States.

Cuba

The Government of the Republic of Cuba declares that it regards the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity as discriminatory and contrary to the principle of the equality of States.

Czech Republic⁵

Guinea

The Government of the Republic of Guinea considers that the dispositions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, adopted by the General Assembly on 26 November 1968, make it impossible for a number of States to become parties to the Convention and are therefore of a discriminatory character which is contradictory to the object and aims of this Convention.

The Government of the Republic of Guinea is of the opinion that, in accordance with the principle of sovereign equality of States, the Convention should be open to all States without any discrimination and limitation.

Hungary

"The Government of the Hungarian People's Republic declares that the provisions contained in articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity adopted by the General Assembly of the United Nations on November 26, 1968, which deny the possibility to certain States to become signatories to the Convention are of discriminatory nature, violate the principles of sovereign equality of States and are more particularly incompatible with the objectives and purposes of the said Convention."

Lao People's Democratic Republic

The Lao People's Democratic Republic accedes to the above-mentioned Convention and undertakes to implement faithfully all its clauses, except for the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity adopted by the United Nations General Assembly on 26 November 1968, which contravene the principle of the sovereign equality of States. The Convention should be open to universal participation in accordance with the purposes and principles of the Charter of the United Nations.

Mexico

Interpretative declaration :

In accordance with article 14 of the Constitution of the United Mexican States, the Government of Mexico, when ratifying the Convention on the non-applicability of statutory limitations to war crimes and crimes against humanity, adopted by the General Assembly of the United Nations on 26 November 1968, will do so on the understanding that it will consider statutory limitations non-applicable only to crimes dealt with in the Convention which are committed after the entry into effect of the Convention with respect to Mexico.

Mongolia

"The Mongolian People's Republic deems it necessary to state that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity have discriminatory nature and seek to preclude certain States from participation in the Convention and declares that as the Convention deals with matters affecting the interests of all States it should be open to participation by all States without any discrimination or restriction."

Peru

Declaration:

In conformity with article 103 of its Political Constitution, the Peruvian State accedes to the 'Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity', adopted by the General Assembly of the United Nations on 26 November 1968, with respect to crimes covered by the Convention that are committed after its entry into force for Peru.

Poland

"The Polish People's Republic considers that the dispositions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, adopted by the General Assembly on the 26th of November 1968, make it impossible for a number of States to become parties to the Convention and are therefore of a discriminatory character which is contradictory to the object and aims of this Convention.

The Polish People's Republic is of the opinion that, in accordance with the principle of sovereign equality of States, the Convention should be open to all States without any discrimination and limitation."

Romania

The State Council of the Socialist Republic of Romania states that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity are not compatible with the principle that multilateral international treaties, the subject and purpose of which concern the international community as a whole, should be open for universal participation.

Russian Federation

The Union of Soviet Socialist Republics declares that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, which prevent certain States from signing the Convention or acceding to it, are contrary to the principle of the sovereign equality of States.

Slovakia⁵

Ukraine

The Ukrainian Soviet Socialist Republic declares that the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, which prevent certain States from signing the Convention or acceding to it, are contrary to the principle of the sovereign equality of States.

Viet Nam

The Government of the Socialist Republic of Viet Nam deems it necessary to state in accordance with the principle of sovereign equality of States that the Convention should be open to all States without any discrimination and limitation.

NOTES

1. Resolution 2391 (XXIII), Official Records of the General Assembly, Twenty-third Session, Supplement No. 18 (A/7218), p. 40.

2. The German Democratic Republic had acceded to the Convention on 27 March 1973 with reservations. For the text of the reservations, see United Nations, Treaty Series, vol. 862, p. 410. See also note 2 under "Germany" in the "Historical Information" section in the front matter of this volume.

3. The former Yugoslavia had signed and ratified the Convention on 16 December 1968 and 9 June 1970, respectively. 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.

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

5. Czechoslovakia had signed and ratified the Convention on 21 May 1969 and 13 August 1970, respectively, with a declaration. For the text of the declaration made upon signature, see United Nations, Treaty Series, vol. 754, p. 124. 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. The formality was effected by Democratic Yemen. See also note 1 under "Yemen" in the "Historical Information" section in the front matter of this volume.