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Geneva Conventions of 1949 and Additional Protocols, and their Commentaries
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Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.
Austria
Reservations made at the time of ratification.
"Reservation with regard to Article 57, paragraph 2, of Protocol I:
Article 57, paragraph 2, of Protocol I will be applied on the understanding that, with respect to any decision taken by a military commander, the information actually available at the time of the decision is determinative.
Reservation with regard to Article 58 of Protocol I:
In view of the fact that Article 58 of Protocol I contains the expression "to the maximum extent feasible", sub-paragraphs (a) and (b) will be applied subject to the requirements of national defence.
Reservation with regard to Article 75 of Protocol I:
Article 75 of Protocol I will be applied insofar as
a) sub-paragraph (e) of paragraph 4 is not incompatible with legislation providing that any defendant, who causes a disturbance at the trial or whose presence is likely to impede the questioning of another defendant or the hearing of a witness or expert witness, may be removed from the courtroom;
b) sub-paragraph (h) of paragraph 4 is not incompatible with legal provisions authorizing the reopening of proceedings that have resulted in a final declaration of conviction or acquittal.
Reservation with regard to Articles 85 and 86 of Protocol I:
For the purposes of judging any decision taken by a military commander, Articles 85 and 86 of Protocol I will be applied on the understanding that military imperatives, the reasonable possibility of recognizing them and the information actually available at the time that decision was taken, are determinative.
[Declaration under Article 90 (2) of Protocol I]
Reservation with regard to Article 6 of Protocol II:
Article 6, paragraph 2, sub-paragraph (e) of Protocol II will be applied insofar as it is not incompatible with legislation providing that any defendant, who causes a disturbance at the trial or whose presence is likely to impede the questioning of another defendant or the hearing of a witness or expert witness, may be removed from the courtroom."
SOURCE: Notification by the depositary addressed to the ICRC on 16 August 1982.
Signature
12.12.1977
Ratification / Accession
13.08.1982
Reservation / Declaration
13.08.1982
Declaration Article 90
13.08.1982
GVALNWB2/ICRC
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