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 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.
2. Any amendment adopted by a majority of two thirds of the States
Parties present and voting at the conference shall be submitted by the
Secretary-General of the United Nations to all the States Parties for
acceptance.
3. An amendment adopted in accordance with paragraph 1 of this
article shall enter into force when two thirds of the States Parties to this
Convention have accepted it in accordance with their respective constitutional
processes.
4. When amendments enter into force, they shall be binding on those
States Parties which have accepted them, other States Parties still being bound
by the provisions of this Convention and any earlier amendment which they
have accepted.
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