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The Issue of Reservations and Declarations to the Rome Statute of the International Criminal Court

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Chapter Summary

Article 120 of the Rome Statute excludes any reservation to the Statute. States reacted to the exclusion of reservations by issuing declarations. These declarations raised certain concerns since at least one of them qualified as a prohibited reservation perceived by other States in so much that the long discussed problem as to the legal effect of prohibited reservations became relevant – an issue that is the subject of the current ongoing discussion in the International Law Commission. It seems therefore appropriate to elaborate on the issue of reservations and interpretative declarations in relation to the Rome Statute of the International Criminal Court. The declarations to the Rome Statute clearly demonstrate the necessity to come to grips with the issue of inadmissible reservations and interpretative declarations.

Keywords: Criminal Court; Declarations; inadmissible reservations; International Criminal Court; International Law Commission (ILC); interpretative declarations; Issue; Reservations; Rome Statute; United Nations Human Rights Committee



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