ReservationsTreatiesInternational Court of Justice

Reservations to the Genocide Convention (Advisory Opinion)

ICJ Reports 1951, p. 1519511 min read
The case in brief30-second read
Facts
Several states made reservations to the Genocide Convention (1948) Other states objected, questioning whether reserving states could be considered parties. UNGA requested ICJ advisory opinion on the legal position.
Issue
Can a reserving state be regarded as a party to the Convention if other parties object?
Held
Old unanimity rule (all parties must consent) rejected as impractical for universal conventions.
Principle
A state may make a reservation to a multilateral treaty provided the reservation is compatible with the object and purpose of the treaty. Incompatible reservations render the reserving state not a party vis-a-vis objecting states.
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Facts

  • Several states made reservations to the Genocide Convention (1948)
  • Other states objected, questioning whether reserving states could be considered parties
  • UNGA requested ICJ advisory opinion on the legal position

Issues

  1. Can a reserving state be regarded as a party to the Convention if other parties object?
  2. What is the criterion for admissibility of reservations?

Held

  • Old unanimity rule (all parties must consent) rejected as impractical for universal conventions
  • A reservation is permissible if compatible with the object and purpose of the treaty
  • An objecting state may regard the reserving state as not a party if the reservation is incompatible
  • A state which accepts the reservation treats the reserving state as a party

Ratio decidendi

The object and purpose of the treaty is the criterion for determining the admissibility of reservations. This balances universality of participation against the integrity of the treaty.

Exam use

How to use it in an answer

  • Authority for the "object and purpose" test on reservations
  • Link to VCLT Art. 19 (codification of this ruling)
  • Key line: "In the Reservations to the Genocide Convention Advisory Opinion (1951), the ICJ held that a state may make a reservation to a multilateral treaty provided it is compatible with the object and purpose of the treaty."

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Citation

Reservations to the Genocide Convention (Advisory Opinion) ICJ Reports 1951, p. 15

Reported: ICJ Reports 1951, p. 15. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.