[] Reservations of human rights treaties
10 important questions on [] Reservations of human rights treaties
According to the International Court of Justice, what is the principle regarding reservations to a multilateral convention?
The principle is that no reservation is valid unless it is accepted by all the contracting parties without exception.
What factors have led to a more flexible application of the principle regarding reservations to the Genocide Convention?
The universal character of the United Nations, extensive participation in conventions, and the existence of practices that allow for rejected reservations to still be considered valid for certain contracting parties.
Why was it decided not to include a special article on reservations in the Genocide Convention?
The decision was made to avoid inviting a multiplicity of reservations.
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What does the International Court of Justice recognize regarding the faculty to make reservations to the Genocide Convention?
The Court recognizes that there was an understanding reached within the General Assembly on the faculty to make reservations and that states becoming parties to the Convention gave their assent to it.
What elements are considered in determining the kind of reservations that may be made and the objections that may be taken to them in the Genocide Convention?
The origins and character of the Convention, the objects pursued by the General Assembly and the contracting parties, and the relations between the provisions of the Convention and these objects.
How was the Genocide Convention intended to be in terms of its scope?
The Genocide Convention was intended to be universal in scope, condemning genocide and requiring cooperation to eliminate it.
What are the consequences of the principles underlying the Genocide Convention?
The principles underlying the Genocide Convention are recognized as binding on states, even without any conventional obligation. Additionally, the condemnation of genocide and the cooperation required are universal in nature.
What is the criterion for the attitude of a state in making a reservation on accession to the Genocide Convention?
The criterion for the attitude of a state in making a reservation on accession to the Genocide Convention is the compatibility of the reservation with the object and purpose of the Convention.
What is the view of the Court regarding the extreme application of the idea of state sovereignty in making reservations to the Genocide Convention?
The Court does not share the view that any state can make any reservation it chooses by virtue of its sovereignty, as it could lead to a disregard of the object and purpose of the Convention.
According to the text, why is Question I unable to be given an absolute answer?
The text states that the appraisal of a reservation and the effect of objections depend on the particular circumstances of each individual case.
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