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 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.
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 SecretaryGeneral 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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