The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 91
PROTOCOL TO THE CONVENTION ON DUTIES AND
RIGHTS OF STATES IN THE EVENT OF CIVIL STRIFE
Opened for signature at the Pan American Union on 1 May 1957INTRODUCTORY NOTE: In 1950 the Council of the Organization of American States considered a report of the Investigating Committee previously appointed by that body to investigate the facts and antecedents of certain situations in which allegations concerning the fomenting of civil strife in the Caribbean area had been made. As a result of the Committee's recommendations, the Council approved a resolution calling for the strengthening of the Havana Convention of 1928. The study of the subject and drafting of a protocol extended over a period of several years. The final draft of the Protocol was approved by the Council on 20 February 1957, and the protocol was opened for signature by the American States, as from 1 May 1957.ENTRY INTO FORCE: 9 December 1957.AUTHENTIC TEXTS: English, French, Portuguese, Spanish. The text below is reprinted from the Protocol to the Convention on Duties and Rights of States in the Event of Civil Strife, Pan American Union, Washington 1959.TEXT PUBLISHED IN: UNTS, Vol. 284, pp. 201–214 (Engl., French, Span., Portuguese); Protocol to the Convention on Duties and Rights of States in the Event of Civil Strife, Pan American Union, Washington 1959 (Engl., French, Span., Portuguese); OAS, Treaty Series, No. 7, 1959 (Engl., French, Portuguese, Span.); Droit des conflits armés, pp. 1251–1253 (French); OAS website: www oas/org/juridico/english/treaties (Engl.).The High Contracting Parties, desirous of clarifying, supplementing, and strengthening the principles and rules stipulated in the Convention on Duties and Rights of States in the Event of Civil Strife, signed at Havana on 20 February 1928,Have resolved, in order to carry out those purposes, to conclude the following Protocol:Article 1. Each Contracting State shall, in areas subject to its jurisdiction:
(a) Keep under surveillance the traffic in arms and war material that it has reason to believe is intended for starting, promoting, or supporting civil strife in another American State;
(b) Suspend the exportation or importation of any shipment of arms and war material during the period of its investigation of the circumstances relating to the shipment, when it has reason to believe that such arms and war material may be intended for starting, promoting, or supporting civil strife in another American State; and

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