Practice Relating to Rule 26. Medical Activities
Section B. Respect for medical secrecy
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the two additional protocols to [the 1949 Geneva] Conventions … is liable to imprisonment.
At the CDDH, Norway stated it “deeply regretted” the inclusion in Article 10 of the 1977 Additional Protocol II of the words “subject to national law” because it was unacceptable “that an international legal norm of the importance of [the 1977 Additional Protocol II] should be made subject to the national law of any country”. It added that “it was unlikely that Norway would be able to ratify [the 1977 Additional Protocol II] if the words ‘subject to national law’ were maintained”.
Notwithstanding this statement, Norway ratified the two Additional Protocols in 1981 without making any reservation or declaration.