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Human Rights
Treaties
Reservations to Human Rights Treaties
A. Legal Instruments
Universal Declaration of Human Rights, Paris, 10 December 1948.
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949, United Nations, Treaty Series, vol. 75, p. 31. Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Geneva, 12 August 1949, United Nations, Treaty Series, vol. 75, p. 85. Geneva Convention relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, United Nations, Treaty Series, vol. 75, p. 135. Geneva Convention relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, United Nations, Treaty Series, vol. 75, p. 287.European Convention on Human Rights, Rome, 4 November 1950, European Treaty Series, no. 005. International Convention on Civil and Political Rights, New York, 16 December 1966, United Nations, Treaty Series, vol. 999, p. 171. Vienna Convention on the Law of Treaties, Vienna, 23 May 1969, United Nations, Treaty Series, vol. 1155, p. 331. Convention on the Elimination of All Forms of Discrimination against Women, New York, 18 December 1979, United Nations, Treaty Series, vol. 1249, p. 13. United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982, United Nations, Treaty Series, vol. 1833, p. 3.B. Jurisprudence
International Court of Justice, Reservations to the Convention on Genocide, Advisory Opinion , I.C.J. Reports 1951, p. 15. European Court of Human Rights, Belilos v. Switzerland, no 10328/83, ECHR 1988. C. Documents
Human Rights Committee, General comment on issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant, General Comment No.24 (CCPR/C/21/Rev.1/Add.6, 11 November 1994). First Report on the Law and Practice relating to Reservations to Treaties by Mr. Alain Pellet, Special Rapporteur (A/CN.4/470, reproduced in Yearbook of the International Law Commission, 1995, vol. II(1). Second Report on Reservations to Treaties by Mr. Alain Pellet, Special Rapporteur (A/CN.4/477, reproduced in Yearbook of the International Law Commission, 1996, vol. II (1)). Human Rights Committee,845/1988, Rawle Kennedy v. Trinidad and Tobago, Expression of Views (CCPR/C/74/D/845/1998, 28 March 2002). Report of the International Law Commission on the work of its sixty-third session, 26 April to 3 June and 4 July to 12 August 2011 (reproduced in Yearbook of the International Law Commission, 2011, vol. II, Part II (A/CN.4/L.779)). D. Doctrine
M. Scheinin, “Reservations to the International Covenant on Civil and Political Rights and Its Optional Protocols – Reflections on State Practice”. Z. Elibol and B. Çalı, “The ILC’s Clever Compromise on the Validity of Reservations to Treaties: A Rejoinder to Marko Milanovic and Linos-Alexandre Sicilianos”, EJIL Blog, 11 April 2014. E. Additional References
For examples of problematic reservations to the ICCPR, see those of the United States and Bahrain. For examples of objections to reservations, see those of Australia to the reservations of Pakistan and of Austria to those of the Maldives. |