التحفظ على الاتفاقيات الإنسانية

Abstract EN

International agreements are the only means that countries resort to in order to achieve international cooperation.

They differ according to their subject matter, including: the so-called humanitarian conventions.

Reservation is the procedure that states usually resort to, in order to avoid a text of the Convention, which is in the interest of the reserving state.

Because humanitarian agreements aim to preserve human dignity, opinions differ regarding the possibility of reservations since the permissibility of reservation or not varies according to the subject and purpose of the agreement.

Therefore, we proceeded in this research from the problematic issue: what is the extent of the possibility of reservations on humanitarian agreements ? What is the truth about the dispute over whether it is a necessary measure, or a dangerous measure for the human rights system ? At the end, it became clear to us that the principle governing reservations in the Vienna Convention on the Law of Treaties is that it is not permissible to make a reservation to a convention, if it is prohibited therein or if it does not fall within the reservations that allow it.

Reservations to the provisions of humanitarian agreements that contain imperative rules constitute a violation of the subject and purpose of the agreement.