RESERVATIONS TO THE 1925 GENEVA PROTOCOL

AUSTRALIA

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. BELGIUM

(1) The said Protocol is only binding on the Belgium Government 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

Belgian Government in regard to any enemy State whose armed forces or whose Allies fail to respect the prohibitions laid down in the Protocol.

BRITISH EMPIRE

Does not bind India or any British Dominion which is a separate Member of the League of Nations and does not separately sign or adhere to the Protocol.

(1) The said Protocol is only binding on His Britannic Majesty as regards those Powers and States which have both signed and ratified the Protocol, or have finally acceded thereto;

(2) The said Protocol shall cease to be binding on His Britannic Majesty towards any Power at enmity with Him whose armed forces, or the armed forces of whose allies, fail to respect the prohibitions laid down in the Protocol.

BULGARIA

The said Protocol is only binding on the Bulgarian Government as regards States which have signed or ratified it or which may accede to it.

The said Protocol shall ipso facto cease to be binding on the Bulgarian Government in regard to an enemy State whose armed forces or whose allies fail to respect the prohibitions laid down in the Protocol.

CANADA

(1) The said Protocol is only binding on His Britannic Majesty as regards those States which have both signed and ratified it, or have finally acceded thereto;

(2) The said Protocol shall cease to be binding on His Britannic Majesty towards any State at enmity with Him whose armed forces, or whose allies de jure or in fact fail to respect the prohibitions laid down in the Protocol.

CHILE

(1) The said Protocol is only binding on the Chilian Government as regards States which have signed or ratified it or which may definitely accede to it.

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

CZECHO-SLOVAKIA

The Czecho-Slovak Republic shall ipso facto cease to be bound by this Protocol towards any State whose armed forces, or the armed forces of whose allies, fail to respect the prohbitions laid down in the Protocol.

ESTONIA

(1) The said Protocol is only binding on the Estonian Government 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 Estonian Government in regard to any enemy State whose armed forces or whose allies fail to respect the prohibitions laid down in the Protocol.

FRANCE

(1) The said Protocol is only binding on the Government of the French 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 French Republic in regard to any enemy State whose armed forces or whose allies fail to respect the prohibitions laid down in the Protocol.

INDIA

(1) The said Protocol is only binding on His Britannic Majesty as regards those States which have both signed and ratified it, or have finally acceded thereto;

(2) The said Protocol shall cease to be binding on His Britannic Majesty towards any Power at enmity with Him whose armed forces, or the armed forces of whose allies, fail to respect the prohibitions laid down in the Protocol.

IRAQ

On condition that the Iraq Government shall be bound by the provisions of the Protocol only towards those States which have both signed and ratified it or have acceded thereto; and that they shall not be bound by the Protocol towards any State at enmity with them whose armed forces, or the forces of whose allies, do not respect the dispositions of the Protocol.

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,

DÉOLARENT:

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 tót 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)