Draft Articles on the Effects of Armed Conflicts on Treaties
E484079
codification of international law
progressive development of international law
set of draft articles
The Draft Articles on the Effects of Armed Conflicts on Treaties are a set of legal principles developed to clarify how international treaties are impacted, suspended, or terminated when armed conflict arises between states.
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
codification of international law
ⓘ
progressive development of international law ⓘ set of draft articles ⓘ |
| adoptedBy | International Law Commission NERFINISHED ⓘ |
| adoptionMethod | consensus in the International Law Commission ⓘ |
| adoptionYear | 2011 ⓘ |
| appliesTo |
international armed conflicts
ⓘ
non-international armed conflicts in certain circumstances ⓘ |
| basedOn | Vienna Convention on the Law of Treaties NERFINISHED ⓘ |
| clarifies |
that certain categories of treaties continue in operation during armed conflict
ⓘ
that the effect of armed conflict on a treaty depends on the intention of the parties and the nature of the treaty ⓘ that the outbreak of armed conflict does not automatically terminate or suspend treaties ⓘ |
| complements | Vienna Convention on the Law of Treaties NERFINISHED ⓘ |
| contains |
annex
ⓘ
preamble ⓘ substantive articles ⓘ |
| developedWithin | United Nations framework ⓘ |
| draftedBy | International Law Commission NERFINISHED ⓘ |
| field |
international humanitarian law
ⓘ
law of armed conflict ⓘ law of treaties ⓘ public international law ⓘ |
| language | United Nations official languages NERFINISHED ⓘ |
| legalStatus |
draft
ⓘ
non-binding ⓘ |
| purpose |
to clarify the effects of armed conflicts on the operation of treaties
ⓘ
to guide states and international courts in interpreting treaty obligations during armed conflict ⓘ to identify when treaties are suspended or terminated by armed conflict ⓘ |
| recognizes |
that jus cogens norms remain applicable during armed conflict
ⓘ
that rules of international humanitarian law may affect the operation of treaties ⓘ the principle of pacta sunt servanda in situations of armed conflict ⓘ |
| relatedInstrument |
Additional Protocols to the Geneva Conventions
NERFINISHED
ⓘ
Geneva Conventions of 1949 NERFINISHED ⓘ Vienna Convention on Succession of States in respect of Treaties NERFINISHED ⓘ |
| subjectMatter |
applicability of treaties between a party to an armed conflict and a non-party
ⓘ
applicability of treaties between parties to an armed conflict ⓘ effects of armed conflict on the continuance of treaties ⓘ interpretation of treaties during armed conflict ⓘ state succession and treaties in armed conflict situations ⓘ suspension of treaties by armed conflict ⓘ termination of treaties by armed conflict ⓘ treaties concerning international organizations ⓘ treaties establishing boundaries ⓘ treaties establishing or modifying territorial regimes ⓘ treaties relating to human rights and humanitarian law ⓘ treaties relating to the conduct of hostilities ⓘ |
| submittedTo | United Nations General Assembly NERFINISHED ⓘ |
| usedBy |
international courts and tribunals as subsidiary means for the determination of rules of law
ⓘ
states as guidance in practice relating to treaties and armed conflict ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.
International Law Commission
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notableWork
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Draft Articles on the Effects of Armed Conflicts on Treaties
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