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Geneva Conventions of 1949 and Additional Protocols, and their Commentaries
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Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.
Portugal
Reservation made upon signature and partially maintained upon ratification:
(a) Article 3, common to the four Conventions:
"As there is no actual definition of what it meant by a conflict not of an international character, and as, in case this term is intended to refer solely to civil war, it is not clearly laid down at what moment an armed rebellion within a country should be considered as having become a civil war, Portugal reserves the right not to apply the provisions of Article 3, in so far as they may be contrary to the provisions of Portuguese law, in all territories subject to her sovereignty in any part of the world."
(b) Article 10 of Conventions I, II and III and Article 11 of Convention IV:
"The Portuguese Government only accepts the above Articles with the reservation that requests by the Detaining Power to a neutral State or to a humanitarian organization to undertake the functions normally performed by protecting Powers are made with the consent or agreement of the government of the country of which the persons to be protected are nationals (Countries of origin)."
(c) Article 13 of Convention I and Article 4 of Convention III:
"The Portuguese Government makes a reservation regarding the application of the above Articles in all cases in which the legitimate Government has already asked for and agreed to an armistice or the suspension of military operations of no matter what character, even if the armed forces in the field have not yet capitulated."
(d) Article 60 of Convention III:
"The Portuguese Government accepts this Article with the reservation that it in no case binds itself to grant prisoners a monthly rate of pay in excess of 50% of the pay due to Portuguese soldiers of equivalent appointment or rank, on active service in the combat zone."
SOURCE: UNTS, Vol.394, 1961, p.258.
*****
Declaration made upon ratification
"At the time of deposit with the Swiss Federal Council of the instrument of ratification of the Geneva Conventions for the protection of War victims of August 12, 1949, the undersigned, Ruy Teixeira Guerra, Ambassador of Portugal to Switzerland, declares that his Government has decided to withdraw the reservations made at the time of signature of these Conventions in respect of article 3, common to the four Conventions, article 13 of Convention I and Article 4 of Convention III, and article 60 of Convention III.
On the other hand, the Portuguese Government only accepts article 10 of Conventions I, II and III and article 11 of Convention IV with the reservation that requests by the Detaining Power to a neutral State or to a humanitarian organization to undertake the functions normally performed by Protecting Powers are made with the consent or agreement of the Government of the country of which the persons to be protected are nationals (Countries of origin)."
SOURCE: UNTS, Vol.394, 1961, p.258.
Regarding Macao declaration see French database,
Signature
11.02.1950
Ratification / Accession
14.03.1961
Reservation / Declaration
14.03.1961
GVALNWB2/ICRC
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