A/HRC/1/L.10
page 55
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
Secretary-General 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 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.
Article 44
1.
Any State Party to this Convention may propose an amendment and file it with the
Secretary-General of the United Nations. The Secretary-General shall thereupon communicate
the proposed amendment to the States Parties to this Convention with a request that they indicate
whether they favour a conference of States Parties for the purpose of considering and voting
upon the proposal. In the event that within four months from the date of such communication at
least one third of the States Parties favour such a conference, the Secretary-General shall
convene the conference under the auspices of the United Nations.
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