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Belgian Red Cross (French-speaking community): The implementation of the Additional Protocols in Belgium

Published online by Cambridge University Press:  13 January 2010

André Andries*
Affiliation:
Advocate General of the Military Court of Belgium, President of the Humanitarian Law Dissemination Commission (French-speaking community)

Extract

In November 1977 the Belgian Government appointed an interdepartmental commission to study questions relating to the ratification of the Protocols additional to the Geneva Conventions. This was done even before the Protocols, which had been adopted on 8 June of that year, were open for signature. The commission's work at that point was both to determine whether there was cause for Belgium to make an interpretative declaration or even announce a reservation when ratifying the Protocols, and to draft a bill for a law approving that ratification. This required consultation not only between the various ministerial departments concerned with implementing the Protocols but also between the Belgian Government and the governments of member countries of the military alliance to which Belgium belongs. It will be noted that the two NATO countries which ratified the Protocols before Belgium had decided not to make an interpretative declaration accompanying their ratification and did not therefore have to await the result of that consultation. The only reservation formulated by Denmark related to a question of judicial procedure in its national law.

Type
Tenth Anniversary of the Protocols Additional to the Geneva Conventions (1977-1987)
Copyright
Copyright © International Committee of the Red Cross 1987

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References

1 Norway (on 14 December 1981) and Denmark (on 17 June 1982).

2 Dautricourt, J. Y., «La protection pénale des conventions internationales humamtaires — Une conception de loi-type», Revue de droit public (R.D.P.), 19531954, p. 191.Google Scholar