مفهوم التحفظ على الاتفاقيات الدولية ذات الطابع الإنساني

Abstract EN

Reservations to international conventions are among the complex issues in international law.

Because each country seeks to formulate the provisions of the agreement in accordance with what is consistent with its legal system, culture and customs, which makes international agreements turn into a list of selective options for the implementation of international obligations, which leads to raising many legal problems.

If this is the case in international agreements، then reservations to international agreements of a humanitarian nature are، in addition, a sensitive issue due to their importance and universality.

International conventions of a humanitarian nature do not establish a set of rules for the protection of human rights in the face of states only, but also in the face of individuals.

The 1969 Vienna Convention on the Law of Treaties adopted a legal system for reservations, according to which it gave states intending to accede the right to make reservations.

The reservation system makes it easier for countries to amend or exclude from the provisions of the Convention what they deem inconsistent with their various interests and systems.

Thus, this system has played a prominent role in encouraging countries to join these agreements, increasingly.

Therefore, this research aims to study the concept of reservation and clarify its definition, types and upbringing in the light of international conventions of a humanitarian character.