Treaties, States Parties and Commentaries
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Declarations and reservation made upon ratification on 22.08.2019 (Original: English):

Declaration and reservation concerning Article 17 (2):

“The Kingdom of Norway declares its understanding that whether and to what extent the various provisions of the Convention apply in situations of armed conflict will depend on an interpretation of the provision in question in the light of international humanitarian law, having regard to general principles of interpretation that apply where several regimes of international law are relevant, such as the principle of harmonisation and the principle of lex specialis.

To the extent that Article 17 (2) of the Convention may be interpreted as requiring each State Party to establish ‘in its legislation’ conditions for and guarantees related to deprivation of liberty that apply in situations of armed conflict, the Kingdom of Norway reserves the right not to apply this provision in such situations. Deprivation of liberty during armed conflict is not currently regulated in formal Norwegian law. In Norway, the rules concerning deprivation of liberty during armed conflict are set out in the Norwegian Armed Forces’ Manual of the Law of Armed Conflict and in the rules adopted for each specific operation, including the rules of engagement.”

Declaration concerning Article 20 (1), in conjunction with Article 18:

“The Kingdom of Norway declares its understanding that Article 20 (1) of the Convention, which permits restrictions on the right to information referred to in Article 18 on an exceptional basis, where ‘strictly necessary’ and ‘if the transmission of the information would adversely affect the privacy’ of the person deprived of liberty, allows for weight to be given to an assessment by the person concerned of whether these conditions are met.

This applies provided that the information, viewed objectively, is of a sensitive personal nature, that the person concerned is under the protection of the law and that the deprivation of liberty is subject to judicial control.

Thus, it is the understanding of the Kingdom of Norway that, depending on the circumstances, access to information may be denied if the person deprived of liberty does not consent to the disclosure of sensitive personal information on grounds of privacy.”
21.12.2007

22.08.2019

22.08.2019