Optional Protocol to the Vienna Convention on Diplomatic Relations concerning the Compulsory Settlement of Disputes

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
Israel	Yes	No
Palestine	Yes	No
United States of America	Yes	No

Israel

01-05-2018

The Permanent Mission of Israel to the United Nations presents its compliments to the Secretary General of the United Nations, in his capacity as depositary of the Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning the Compulsory Settlement of Disputes, dated 18 April 1961, and has the honor to refer to the Palestinian request to accede to this [Protocol] (Reference number C.N.149.2018.TREATIES-III.5).
‘Palestine’ does not satisfy the criteria for statehood under international law and lacks the legal capacity to join the aforesaid [Protocol] both under general international law and the terms of bilateral Israeli-Palestinian agreements.
The Government of Israel does not recognize ‘Palestine’ as a State, and wishes to place on record, for the sake of clarity, its position that it does not consider ‘Palestine’ a party to the [Protocol] and regards the Palestinian request for accession as being without legal validity and without effect upon Israel’s treaty relations under the [Protocol].

Palestine

31-05-2018

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.227.2018.TREATIES-III.5, dated 1 May 2018, conveying a communication of Israel regarding the [accession] of the State of Palestine [to] the Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning the Compulsory Settlement of Disputes, dated 18 April 1961.
The Government of the State of Palestine regrets the position of Israel and wishes to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according Palestine ‘nonmember observer State status in the United Nations’. In this regard, Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.
As a State Party to the Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning the Compulsory Settlement of Disputes, of 18 April 1961, which entered into force 21 April 2018 [for the State of Palestine], the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.

31-05-2018

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.228.2018.TREATIES-III.5, dated 1 May 2018, conveying a communication of the United State of America regarding the [accession] of the State of Palestine [to] the Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning the Compulsory Settlement of Disputes, dated 18 April 1961.
The Government of the State of Palestine regrets the position of the United State of America and wishes to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according Palestine ‘non-member observer State status in the United Nations’. In this regard, Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.
As a State Party to the Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning the Compulsory Settlement of Disputes, of 18 April 1961, which entered into force 21 April 2018 [for the State of Palestine], the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.

United States of America

01-05-2018

The United States Mission to the United Nations presents its compliments to the Executive Office of the Secretary-General of the United Nations and refers to the U.N. Secretary-General’s depositary notification C.N.149.2018.TREATIES-III.5, dated March 23, 2018, regarding the purported accession by the ‘State of Palestine’ to the Optional Protocol to the Vienna Convention on Diplomatic Relations, Concerning the Compulsory Settlement of Disputes, done at Vienna April 18, 1961 (the Optional Protocol), for which the Secretary-General of the United Nations is the depositary.
The Government of the United States of America does not believe the ‘State of Palestine’ qualifies as a sovereign State and does not recognize it as such. Accession to the Optional Protocol is limited to sovereign States which may become Parties to the Vienna Convention on Diplomatic Relations.
The Government of the United States of America recalls that the Secretary-General in his depositary capacity issued, on April 9, 2014, a notification concerning accession by the ‘State of Palestine’ to the Vienna Convention on Diplomatic Relations, in response to which the United States Mission to the United Nations, on May 13, 2014, communicated that the Government of the United States of America believes that the ‘State of Palestine’ is not qualified to accede to the Convention.
Therefore, the Government of the United States of America believes that the ‘State of Palestine’ is not qualified to accede to the Optional Protocol and affirms that it will not consider itself to be in a treaty relationship with the ‘State of Palestine’ under the Optional Protocol.

12-10-2018

Notification of withdrawal:
I have the honor on behalf of the Government of the United States of America to refer to the Optional Protocol to the Vienna Convention on Diplomatic Relations Concerning the Compulsory Settlement of Disputes, done at Vienna on April 18, 1961.
This letter constitutes notification by the United States of America that it hereby withdraws from the aforesaid Protocol. As a consequence of this withdrawal, the United States will no longer recognize the jurisdiction of the International Court of Justice reflected in that Protocol.