Article 38
1.
This Convention is open for signature by all Member States of the United Nations.
2.
This Convention is subject to ratification by all Member States of the United Nations.
Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
3.
This Convention is open to accession by all Member States of the United Nations.
Accession shall be effected by the deposit of an instrument of accession with the Secretary-General.
Article 39
1.
This Convention shall enter into force on the thirtieth day after the date of deposit
with the Secretary-General of the United Nations of the twentieth instrument of ratification
or accession.
2.
For each State ratifying or acceding to this Convention after the deposit of the
twentieth instrument of ratification or accession, this Convention shall enter into force on the thirtieth
day after the date of the deposit of that State’s instrument of ratification or accession.
Article 40
The Secretary-General of the United Nations shall notify all States Members of the
United Nations and all States which have signed or acceded to this Convention of the following:
(a)
Signatures, ratifications and accessions under article 38;
(b)
The date of entry into force of this Convention under article 39.
Article 41
The provisions of this Convention shall apply to all parts of federal States without any
limitations or exceptions.
Article 42
1.
Any dispute between two or more States Parties concerning the interpretation or
application of this Convention which cannot be settled through negotiation or by the procedures
expressly provided for in this Convention shall, at the request of one of them, be submitted to
arbitration. If within six months from the date of the request for arbitration the Parties are unable to
agree on the organization of the arbitration, any one of those Parties may refer the dispute to the
International Court of Justice by request in conformity with the Statute of the Court.
2.
A State may, at the time of signature or ratification of this Convention or accession
thereto, declare that it does not consider itself bound by paragraph 1 of this article. The other States
Parties shall not be bound by paragraph 1 of this article with respect to any State Party having made
such a declaration.
3.
Any State Party having made a declaration in accordance with the provisions of
paragraph 2 of this article may at any time withdraw this declaration by notification to the SecretaryGeneral of the United Nations.
Article 43
This Convention is without prejudice to the provisions of international humanitarian law,
including the obligations of the High Contracting Parties to the four Geneva Conventions of
12 August 1949 and the two Additional Protocols thereto of 8 June 1977, or to the opportunity
available to any State Party to authorize the International Committee of the Red Cross to visit places of
detention in situations not covered by international humanitarian law.
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