Ljubljana - The Hague Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes and other International Crimes
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Democratic Republic of the Congo | Yes | No |
France | Yes | No |
Germany | Yes | No |
Netherlands, the Kingdom of the | Yes | No |
Democratic Republic of the Congo
01-01-0001
[...] the Democratic Republic of the Congo shall apply this Convention to the crimes listed in its annexes in accordance with article 2, paragraph 2.
France
01-01-0001
Reservation:
With regard to Article 8, paragraph 3, and by virtue of Article 92, paragraph 3, of
this Convention, the French Republic declares that, in accordance with Article 689-11
of the Code of Criminal Procedure, the French courts may prosecute any person habitually
residing in its territory who is guilty of the offences referred to in Article 5 of
this Convention. These offences may only be prosecuted at the request of the Public
Prosecutor.
Habitual residence on the French territory is defined in article 689-11 of the Code
of Criminal Procedure as "a sufficient connection with France. This connection is
assessed in particular with regard to the actual or foreseeable duration of the presence
of the person concerned on the French territory, the conditions and reasons for this
presence, the will shown by the person concerned to settle there or to remain there
or his family, social, material or professional connections. This reservation is made
for a renewable period of three years.
Declarations:
Insofar as the crimes provided for in Article 5 of this Convention are defined identically
in the Rome Statute of the International Criminal Court, the French Republic refers
mutatis mutandis to the declarations it made when ratifying the Rome Statute, as regards
the interpretation of the material scope of application of this Convention.
The French Republic declares that it shall ratify this Convention provided that the
three language versions referred to in Article 92, paragraph 2, of this Convention
are concordant, if necessary after application by the depositary of the procedure
provided for in Article 79, paragraphs 2 and 3, of the Vienna Convention on the Law
of Treaties of 23 May 1969.
Germany
01-01-0001
Declaration:
The Federal Republic of Germany declares that it shall also apply the Convention to
the crimes listed in Annexes A, B, E, F, G and H in relation to any other State Party
that has notified the Depositary that it shall apply the Convention to the same crime
as listed in the relevant annex, which shall constitute an integral part of the Convention.
Reservation:
The Federal Republic of Germany reserves its right as set down in Article 90, paragraph
5, sentence 2 not to apply the Convention to requests relating to acts or omissions
that occurred before the date of the entry into force of the Convention or the relevant
annex for the Federal Republic of Germany.
The Federal Republic of Germany shall limit the establishment of jurisdiction pursuant
to Article 8, paragraph 3 insofar as the crime of aggression mentioned in Annex H
of the Convention is concerned, to which the Federal Republic of Germany shall apply
the Convention with a separate notification in accordance with Article 2, paragraph
2.
Netherlands, the Kingdom of the
01-01-0001
Declaration:
The Kingdom of the Netherlands declares in accordance with Article 91, paragraph 1,
of the Ljubljana — The Hague Convention on international cooperation in the investigation
and prosecution of the crime of genocide, crimes against humanity, war crimes and
other international crimes, concluded at Ljubljana on 26 May 2023, that the Kingdom
of the Netherlands, for the European part of the Netherlands, will provisionally apply
Part III (Mutual Legal Assistance) of the Convention, pending its entry into force,
from 15 February 2024.