Last Updated: Friday, 26 December 2014, 13:50 GMT

Protocol Relating to Military Obligations in Certain Cases of Double Nationality

Publisher League of Nations
Publication Date 12 April 1935
Citation / Document Symbol League of Nations, Treaty Series, vol. 178, p. 227, No. 4117
Reference Entry into force: 25 May 1937
Cite as League of Nations, Protocol Relating to Military Obligations in Certain Cases of Double Nationality, 12 April 1935, League of Nations, Treaty Series, vol. 178, p. 227, No. 4117, available at: http://www.refworld.org/docid/3ae6b38c10.html [accessed 27 December 2014]
Comments The Protocol was adopted by the 1930 Conference for the Progressive Codification of International Law at The Hague, 12 April 1930.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

The undersigned Plenipotentiaries, on behalf of their respective Governments,

With a view to determining in certain cases the position as regards their military obligations of persons possessing two or more nationalities,

Have agreed as follows:

Article 1.

A person possessing two or more nationalities who habitually resides in one of the countries whose nationality he possesses, and who is in fact most closely connected with that country, shall be exempt from all military obligations in the other country or countries.

This exemption may involve the loss of the nationality of the other country or countries.

Article 2.

Without prejudice to the provisions of Article 1 of the present Protocol, if a person possesses the nationality of two or more States and, under the law of any one of such States, has the right, on attaining his majority, to renounce or decline the nationality of that State, he shall be exempt from military service in such Stated during his minority.

Article 3.

A person who has lost the nationality of a State under the law of that State and has acquired another nationality, shall be exempt from military obligations in the State of which he has lost the nationality.

Article 4.

The High Contracting Parties agree to apply the principles and rules contained in the preceding articles in their relations with each other, as from the date of the entry into force of the present Protocol.

The inclusion of the above mentioned principles and rules in the said articles shall in no way be deemed to prejudice the question whether they do or do not already form part of international law.

It is understood that, in so far as any point is not covered by any of the provisions of the preceding articles, the existing principles and rules of international law shall remain in force.

Article 5.

Nothing in the present Protocol shall affect the provisions of any treaty, convention or agreement in force between any of High Contracting Parties relating to nationality or matters connected therewith.

Article 6.

Any High Contracting Party may, when signing or ratifying the present Protocol or acceding thereto, append an express reservation excluding any one or more of the provisions of Articles 1 to 3 and 7.

The provisions thus excluded cannot be applied against the High Contracting Party who has made the reservation nor relied on by that Party against any other High Contracting Party.

Article 7.

If there should arise between the High Contracting Parties a dispute of any kind relating to the interpretation or application of the present Protocol and if such dispute cannot be satisfactorily settled by diplomacy, it shall be settled in accordance with any applicable agreements in force between the Parties providing for the settlement of international disputes.

In case there is no such agreement in force between the Parties, the dispute shall be referred to arbitration or judicial settlement, in accordance with the constitutional procedure of each of the Parties to the dispute. In the absence of agreement on the choice of another tribunal, the dispute shall be referred to the Permanent Court of International Justice, if all the Parties to the dispute are Parties to the Protocol[1] of the 16th December, 1920, the dispute shall be referred to an arbitral tribunal constituted in accordance with the Hague Convention[2] of the 18th October, 1907, for Pacific Settlement of International Conflicts.

Article 8.

The present Protocol shall remain open until the 31st December, 1930, for signature on behalf of any Member of the League of Nations or of any non-Member State invited to the First Codification Conference or to which the Council of the League of Nations has communicated a copy of the Protocol for this purpose.

Article 9.

The present Protocol is subject to ratification. Ratifications shall be deposited with the Secretariat of the League of Nations.

The Secretary-General shall give notice of the deposit of each ratification to the Members of the League of Nations and to the non-Member States mentioned in Article 8, indicating the date of its deposit.

Article 10.

As from January 1st, 1931, any Member of the League of Nations and any non-Member State mentioned in Article 8 on whose behalf the Protocol has not been signed before that date may accede thereto.

Accession shall be effected by an instrument deposited with the Secretariat of the League of Nations. The Secretary-General of the League of Nations shall give notice of each accession to the Members of the League of Nations and to the non-Member States mentioned in Article 8, indicating the date of the deposit of the instrument.

Article 11.

A procès-verbal shall be drawn up by the Secretary-General of the League of Nations as soon as ratifications or accessions on behalf of ten Members of he League of Nations or non-Member States have been deposited.

A certified copy of this procès-verbal shall be sent by the Secretary-General to each Member of the League of Nations and so to each non-Member State mentioned in Article 8.

Article 12.

The present Protocol shall enter into force on the 90th day after the date of the procès-verbal mentioned in Article 11 as regards all Members of the League of Nations or non-Member States on whose behalf ratifications or accessions have been deposited on the date of the procès-verbal.

As regards any Member of the League or non-Member State on whose behalf a ratification or accession is subsequently deposited, the Protocol shall enter into force on the 90th day after the date of the deposit of a ratification or accession on its behalf.

Article 13.

As from January 1st, 1936, any Member of the League of Nations or any non-Member State in regard to which the present Protocol is then in force, may address to the Secretary-General of the League of Nations a request for the revision of any or all or the provisions of this Protocol. If such a request, after being communicated to the other Members of the League and non-Member States in regard to which the Protocol is then in force, is supported within one year by at least nine of them, the Council of the League of Nations shall decide, after consultation with the Members of the League of Nations and the non-Member States mentioned in Article 8, whether a conference should be specially convoked for that purpose or whether such revision should be considered at the next conference for the codification of international law.

The High Contracting Parties agree that, if the present Protocol is revised, the new Agreement may provide that upon its entry into force some or all of the provisions of the present Protocol shall be abrogated in respect of all of the Parties to the present Protocol.

Article 14.

The present Protocol may be denounced.

Denunciation shall be effected by a notification in writing addressed to the Secretary-General of the League of Nations, who shall inform all Members of the League of Nations and the non-Member States mentioned in Article 8.

Each denunciation shall take effect one year after the receipt by the Secretary-General of the notification but only as regards the Member of the League or non-Member State on whose behalf it has been notified.

Article 15.

1.Any High Contracting Party may, at the time of signature, ratification or accession, declare that, in according the present Protocol, he does not assume any obligations in respect of all or any of his colonies, protectorates, overseas territories or territories under suzerainty or mandate, or in respect of certain parts of the population of the said territories; and the present Protocol shall not apply to any territories or to the parts of their populations named in such declaration.

2.Any High Contracting Party may give notice to the Secretary-General of the League of Nations at any time subsequently that he desires that the Protocol shall apply to all or any of his territories or to the parts of their population which have been made the subject of a declaration under the preceding paragraph, and the Protocol shall apply to all the territories or the parts of their population named in such notice six months after its receipt by the Secretary-General of the League of Nations.

3.Any High Contracting Party may, at any time, declare that he desires that the present Protocol shall cease to apply to all or any of his colonies, protectorates, overseas territories or territories under suzerainty or mandate, or in respect of certain parts of the population of the said territories, and the Protocol shall cease to apply to the territories or the parts of their population named in such declaration one year after its receipt by the Secretary-General of the League of Nations.

4.Any High Contracting Party may make the reservations provided for in Article 6 in respect of all or any of his colonies, protectorates, overseas territories or territories under suzerainty or mandate, or in respect of certain parts of the population of these territories, at the time of signature, ratification or accession to the Protocol or at the time of making a notification under the second paragraph of this article.

5.The Secretary-General of the League of Nations shall communicate to all the Members of the League of Nations and the non-Member States mentioned in Article 8 all declarations and notices received in virtue of article.

Article 16.

The present Protocol shall be registered by the Secretary-General of the League of Nations as soon as it has entered into force.

Article 17.

The French and English texts of the present Protocol shall both be authoritative.

In faith whereof the Plenipotentiaries have signed the present Protocol.

Done at The Hague on the twelfth day of April, one thousand nine hundred and thirty, in a single copy, which shall be deposited in the archives of the Secretariat of the League of Nations and of which certified true copies shall be transmitted by the Secretary-General to all the Members of the League of Nations and all the non-Member States invited to the First Conference for the Codification of International Law.

 

Germany

GÓPPERT HERING

 

United States of America

Hugh R. WILSON

 

Austria

LEITMAIER

 

Belgium

Sous réserve d'adhésion ultérieure pour la Colonie du Congo et les Territoires sous mandat.[3]

J. DE RUELLE

 

Great Britain and Northern Ireland and all parts of the British Empire which are not separate Members of the League of Nations.

Maurice GWVER
Oscar F. DOWSON

 

Canada

Philippe ROY

 

Irish Free State

John J. HEARNE

 

India

In accordance with the provisions of Article 15 of this Protocol I declare that His Britannic Majesty does not assume any obligation in respect of the territories in India of any Prince or Chief under His suzerainty or the population of the said territories.[4]

Basanta KUMAR MULLICK

 

Chile

Miguel CRUCHAGA
Alejandro ALVAREZ
H. MARCHANT

 

Colombia

A. J. RESTREPO
Francisco José URRDTIA

 

Cuba

Ad referendum

DIAZ DE VILLAR
Carlos DE ARMENTEROS

 

Denmark

F. MARTENSEN-LARSEN
V. LORCK

 

Egypt

A. BADAOUI
M. SID AHMED

 

Spain

A. GOICOECHEA

 

France

Paul MATTER
A. KAMMERER

 

Greece

Ad referendum.

N. POLITIS
Megalos CALOYANNI
Jean SPIROPOULOS

 

Luxemburg

Conrad STUMPER

 

Mexico

Eduardo SUAREZ

 

The Netherlands

1° Excluent de leur acceptation l'article 3;*

2° N'entendent assumer aucune obligation en ce qui concerne les Indes neerlandaises, le Surinam et Curaçao.[5]

v. EYSINGA

J. KOSTERS

 

Peru

M. H. CORNEJO

 

Portugal

José CAEIRO DA MATTA
José Maria VILHENA BARBOSA DE MAGALHAES.
Prof. Doutor J. LOBO D'AVILA LIMA

 

Salvador

J. GUSTAVO GUERRERO

 

Sweden

Sous réserve de ratification de S. M. le Roi de Suéde avec l'approbation du Riksdag.[6]

K. J. WESTMAN

 

Uruguay

E. E. BUERO

 

State Parties

 

Last Updated:30 June 1999

 

IN FORCE since May 25th, 1937 (articles 11 and 12).

Ratifications or definitive accessions

United States of America (August 3rd, 1932)

Belgium (April 4th, 1939)
Subject to accession later for the Colony of the Congo and the Mandated Territories.

Brazil (September 19th, 1931 a)

Great Britain and Northern Ireland[i] and all parts of the British Empire which are not separate Members of the League of Nations (January 14th, 1932)

Burma[ii]
His Majesty the King does not assume any obligation in respect of the Karenni States, which are under His Majesty's suzerainty, or the population of the said States.

Australia (July 8th, 1935 a)
Including the territories of Papua and Norfolk Island and the mandated territories of New Guinea and Nauru.

Union of South Africa (October 9th, 1935 a)
Subject to reservation as regards Article 2.

India (September 28th, 1932)
In accordance with the provisions of Article 15, His Britannic Majesty does not assume any obligation in respect of the territories in India of any Prince or Chief under his suzerainty or the population of the said territories.

Colombia (February 24th, 1937)

Cuba (October 22nd, 1936)
The Government of Cuba declares that it does not accept the obligation imposed by Article 2 of the Protocol when the minor referred to in that Article, although he has the right, on attaining his majority, to renounce or decline Cuban nationality, habitually resides in the territory of the State and is in fact more closely connected with the latter than with any other State whose nationality he may also possess.

The Netherlands[iii](April 2nd, 1937)
Including the Netherlands Indies, Surinam and Curacao.

Salvador (October 14th, 1935)

Sweden (July 6th, 1933)

 

Signatures not yet perfected by ratification

Canada

Chile

Denmark

Egypt

France

Germany

Greece

Ireland

Luxembourg

Mexico

Peru

Portugal

Spain

Uruguay

 

Actions subsequent to the assumption of depositary functions by the Secretary-General of the United Nations

 

Participant

Ratification, accession (a), succession (d)

Austria

28 Jul 1958

Cyprus

27 Mar 1970 d

Fiji

12 Jun 1972 d

Kiribati

29 Nov 1983 d

Lesotho

4 Nov 1974 d

Malawi

13 Oct 1966 a

Malta

16 Aug 1966 d

Mauritania

2 Mar 1966 a

Mauritius

18 Jul 1969 d

Niger

25 Jul 1966 a

Nigeria

17 Mar 1967 a

Swaziland

18 Sep 1970 a

Zimbabwe

1 Dec 1998 d

 



[1] Vol. VI, page 379; Vol. XI, page 405; Vol. XV, page 305; Vol. XXIV, page 153; Vol. XXVII, page 417; Vol. XXXIX, page 165; Vol. XLV, page 96; Vol. L, page 159; Vol. LIV, page 387; Vol. LXIX, page 70; Vol. LXXII, page 452; Vol. LXXVIII, page 435; Vol. LXXXVIII, page 272; Vol. XCII, page 326; Vol. XCVI, page 180; Vol. C, page 153; Vol. CIV, page 492; Vol. CVII, page 461; Vol. CXI, page 402; Vol. CXVII, page 46; Vol. CXXVI, page 430; Vol. CXXX, page 440; Vol. CXXXIV, page 392; Vol. CXLVII, page 318; Vol. CLII, page 282; Vol. CLVI, page 176; Vol. CLX, page 325; Vol. CLXIV, page 352; Vol. CLXVIII, page 228; Vol. CLXXII, page 388; and Vol. CLXXVII, page 382, of this Series.

[2] British and Foreign Series Papers, Vol. 100, page 298.

[3] Translation by the Secretary-General of the League of Nations:

Subject to accession later for the Colony of the Congo and the mandated territories.

[4] Traduction du Secrétariat de la Société des Nations:

Conformément aux dispositions de l'article 15 de ce protocole, je déclare que Sa Majesté britannique n'assume aucune obligation en ce qui concerne les territoires de l'Inde appartenant a un prince ou chef placé sous sa suzeraineté ou en ce qui concerne la population desdits territoires.

[5] Translation by the Secretariat of the League of Nations:

The Netherlands:

1. Exclude from acceptance Article 3:

2. Do not intend to assume any obligation as regards Netherlands Indies, Surinam and Curaçao.

[6] Subject to ratification by His Majesty the King of Sweden with the approval of the Riksdag.



[i] On 10 June 1997, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General of the following:

[Same notification as the one made under note in chapter IV.1 (Convention on the Prevention and Punishment of the Crime of Genocide).]

[ii] See note in Part II.2 (Special Protocol concerning Statelessness).

[iii] See note in chapter I.1 (UN Charter).

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