II. REQUIREMENTS, LIMITATIONS AND EFFECTS OF THE CONCURRENT APPLICABILITY OF
INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT
to exclude or to modify the legal effect of certain provisions of the treaty in
their application to that State” (art. 2.1 (d)).
Entering reservations on international human rights or international
humanitarian treaties is legal under international law insofar as they
respect the provisions of article 19 of the Vienna Convention on the Law
of Treaties. This Convention, which to a great extent codifies existing
customary law, indicates that reservations can be formulated if the treaty
itself allows it or, if the treaty is silent, if the reservation is not incompatible
with the purpose and object of the treaty.
International law requires a series of conditions for reservations to be
valid. Reservations to treaties of international humanitarian law are quite
rare. However, State parties’ approach to reservations to the International
Covenant on Civil and Political Rights has prompted the Human Rights
Committee to indicate that reservations to certain provisions may not
be compatible with its object and purpose. The Committee noted in its
general comment No. 24 (1994) that a State may not reserve the right
to engage in slavery, to torture, to subject persons to cruel, inhuman or
degrading treatment or punishment, to arbitrarily deprive persons of their
lives, to arbitrarily arrest and detain persons, to deny freedom of thought,
conscience and religion, to presume a person guilty unless he or she
proves his or her innocence, to execute pregnant women or children, to
permit the advocacy of national, racial or religious hatred, to deny to
persons of marriageable age the right to marry, or to deny to minorities
the right to enjoy their own culture, profess their own religion, or use their
own language.74
The Committee on the Elimination of Discrimination against Women
finds it unacceptable that States reserve the commitment to pursue by all
appropriate means and without delay a policy of eliminating discrimination
General comment No. 24 (1994) 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, para. 8.
74
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