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IRELAND

The Government of Ireland does not intend to assume, by this accession, any obligation except towards the States having signed and ratified this Protocol or which shall have finally acceded thereto, and

Should the armed forces of an enemy State or of the allies of such State fail to respect the said Protocol, the Government of Ireland would cease to be bound by the said Protocol in regard to such State.

THE NETHERLANDS (including Netherlands, Indies, Surinam and Curacao)

Subject to the reservation that, as regards the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials or devices, this Protocol shall ipso facto cease to be binding on the Royal Netherlands Government in regard to any enemy State whose armed forces or whose allies fail to respect the prohibitions laid down in the Protocol.

NEW ZEALAND

Subject to the reservations that His Majesty is bound by the said Protocol only towards those Powers and States which have both signed and ratified the Protocol or have acceded thereto, and that His Majesty shall cease to be bound by the Protocol towards any Power at enmity with Him whose armed forces, or the armed forces of whose allies, do not respect the Protocol. PORTUGAL

(1) The said Protocal is only binding on the Government of the Portuguese Republic as regards States which have signed or ratified it or which may accede to it.

(2) The said Protocol shall ipso facto cease to be binding on the Government of the Portuguese Republic in regard to any enemy State whose armed forces or whose allies fail to respect the prohibitions laid down in the Protocol.

ROMANIA

Subject to the reservation:

(1) That the said Protocol only binds the Romanian Government in relation to States which have signed and ratified or which have definitely acceded to the Protocol.

(2) That the said Protocol shall cease to be binding on the Romanian Government in regard to all enemy States whose armed forces or whose allies de jure or in fact do not respect the restrictions which are the object of this Protocol.

SPAIN

Declares this Protocol as compulsory ipso facto and without special

agreement, in relation to any other Member or State accepting and executing the same obligation, that is to say, on condition of reciprocity.

UNION OF SOUTH AFRICA

Subject to the reservations that His Majesty is bound by the said Protocol only towards those Powers and States which have both signed and ratified the Protocol or have acceded thereto, and that His Majesty shall cease to be bound by the Protocol towards any Power at enmity with Him whose armed forces, or the armed forces of whose allies, do not respect the Protocol.

UNION OF SOVIET SOCIALIST REPUBLICS

(1) That the said Protocol only binds the Government of the Union of the Soviet Socialist Republics in relation to the States which have signed and ratified or which have definitely acceded to the Protocol.

(2) That the said protocol shall cease to be binding on the Government of the Union of Soviet Socialist Republics in regard to all enemy states whose armed forces or whose allies de jure or in fact do not respect the restrictions which are the object of this Protocol.

FRENCH TEXT OF THE GENEVA PROTOCOL OF 1925

PROTOCOLE

LES PLÉNIPOTENTIAIRES SOUSSIGNÈS, au nom de leurs Gouvernements respectifs:

CONSIDÉRANT que l'emploi à la guerre de gaz asphyxiants, toxiques ou similaires, ainsi que de tous liquides, matières ou procédés analogues, a été à juste titre condamné par l'opinion générale du monde civilisé.

CONSIDÉRANT que l'interdiction de cet emploi a été formulée dans des traités auxquels sont Parties plupart des Puissances du monde,

DANS LE DESSEIN de faire universellement reconnaître comme incorporée au droit international cette interdiction, qui s'impose également à la conscience et à la pratique des nations,

DÉCLARENT:

Que les Hautes Parties Contractantes, en tant qu'elles ne sont pas déja Parties à des traités prohibant cet emploi, reconnaissent cette interdiction, acceptent d'étendre cette interdiction d'emploi aux moyens de guerre bactériologiques et conviennent de se considérer comme liées entre elles aux termes de cette déclaration.

Les Hautes Parties Contractantes feront tous leurs efforts pour amener les autres États à adhérer au présent Protocole. Cette adhésion sera notifiée au Gouvernement de la République française et, par celui ci, à toutes les Puissances signataires et adhérentes. Elle prendra effet à dater du jour de la notification faite par le Gouvernement de la République français.

Le présent Protocole, dont les textes français et anglais feront foi, sera ratifié le plus tôt possible. Il portera la date de ce jour.

Les ratifications du présent Protocole seront adressés au Gouvernement de la République française, qui en notifiera le dépôt à chacune des Puissances signataires ou adhérentes.

Les instruments de ratification ou d'adhésion resteront déposés dans les archives du Gouvernement de la République française.

Le présent Protocole entrera en vigueur pour chaque, Puissance signataire à dater du dépot de sa ratification et, dès ce moment, cette Puissance sera liée vis-à-vis des autres Puissance ayant déjà procedé au dépot de leurs ratifications. (275)

UNITED KINGDOM DRAFT PROPOSAL

(Revised draft Convention for the Prohibition of Biological Methods of
Warfare and accompanying draft Security Council Resolution)

The states concluding this convention, hereinafter referred to as the "Parties to the Convention".

Recalling that many States have become Parties to The Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925,

Recognising the contribution that the said Protocol has already made, and. continues to make, to mitigating the horrors of war,

Recalling further United Nations General Assembly Resolutions 2162B (XXI) of 5 December, 1966, and 2454 A (XXIII) of 20 December, 1968, which called for strict observance by all States of the principles and objectives of the Geneva Protocol and invited all States to accede to it,

Believing that chemical and biological discoveries should be used only for the betterment of human life,

Recognising nevertheless that the development of scientific knowledge throughout the world will increase the risk of eventual use of biological methods of warfare,

Convince that such use would be repugnant to the conscience of mankind and that no effort should be spared to minimise this risk,

Desiring therefore to reinforce the Geneva Protocol by the conclusion of a Convention making special provision in this field,

Declaring their belief that, in particular, provision should be made for the prohibition of recourse to biological methods of warfare in any circumstances. Have agreed as follows:

ARTICLE I

Each of the Parties to the Convention undertakes, insofar as it may not already be committed in that respect under Treaties or other instruments in force prohibiting the use of chemical and biological methods of warfare, never in any circumstances, by making use for hostile purposes of microbial or other biological agents causing death, damage or disease by infection or infestation to man, other animals, or crops, to engage in biological methods of warfare.

ARTICLE II

Each of the Parties to the Convention undertakes:

(a) not to produce or otherwise acquire, or assist in or permit the production or acquisition of:

(i) microbial or other biological agents of types and in quantities that have no independent justification for prophylactic or other peaceful purposes;

(ii) ancillary equipment or vectors the purpose of which is to facilitate the use of such agents for hostile purposes;

(b) not to conduct, assist or permit research aimed at production of the kind prohibited in sub-paragraph (a) of this Article; and

(c) to destroy, or divert to peaceful purposes, within three months after the Convention comes into force for that Party, any stocks in its possession of such agents or ancillary equipment or vectors as have been produced or otherwise acquired for hostile purposes.

ARTICLE III

1. Any Party to the Convention which believes that biological methods of warfare have been used against it may lodge a complaint with the Secretary-General of the United Nations, submitting all evidence at its disposal in support of the

complaint, and request that the complaint be investigated and that a report on the result of the investigation be submitted to the Security Council.

2. Any Party to the Convention which believes that another Party has acted in breach of its undertaking under Articles I and II of the Convention, but which is not entitled to lodge a complaint under Paragraph I of this Article, may lodge a complaint with the Security Council, submitting all evidence at its disposal, and request that the complaint be investigated.

3. Each of the Parties to the Convention undertakes to co-operate fully with the Secretary-General and his authorised representatives in any investigation he may carry out, as a result of a complaint, in accordance with Security Council Resolution No.

ARTICLE IV

Each of the Parties to the Convention affirms its intention to provide or support appropriate assistance, in accordance with the United Nations Charter, to any Party to the Convention, if the Security Council concludes that biological methods of warfare have been used against that Party.

ARTICLE V

Each of the Parties to the Convention undertakes to pursue negotiations in good faith on effective measures to strengthen the existing constraints on chemical methods of warfare.

ARTICLE VI

Nothing contained in the present Convention shall be construed as in any way limiting or derogating from obligations assumed by any State under the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June, 1925.

[Provisions for amendments.]

ARTICLE VII

ARTICLE VIII

[Provisions for Signature, Ratification, Entry into Force, etc.]

ARTICLE IX

1. This Convention shall be of unlimited duration.

2. Each Party shall in exercising its national sovereignty have the right to withdraw from the Convention, if it decides that extraordinary events, related to the subject matter of this Convention, have jeopardised the supreme interests of its country. It shall give notice of such withdrawal to all other Parties to the Convention and to the United Nations Security Council three months in advance. Such notice shall include a statement of the extraordinary events it regards as having jeopardised its supreme interests.

ARTICLEX

[Provisions on languages of texts, etc.]

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