War and International Treaties


• Hostile relations do not automatically terminate treaties between parties. • Many treaties seek to remain operative even during war or armed conflicts. – For example, the UN Charter, Geneva Conventions of 1947. • State practice, however, indicate that treaties that are not relevant in case of armed conflicts remain suspended in time of war and war conditions may also lead to termination of treaties on the basis of impossibility or fundamental change of circumstances. • See for detail, ILC’s Draft articles on the effects of armed conflicts on treaties 2011

Unilateral Treaties

• Unilateral acts, including declarations, may be binding • Nuclear Tests Cases (Australia v. France), 1974 ICJ Rep. 253 – Australia and New Zealand filed claims in ICJ because France was performing atmospheric testing – ICJ declared issue moot because French officials had consistently and publicly stated that France would discontinue testing – France had demonstrated the intent to be bound and therefore its declarations were bindingp