ICRC databases on international humanitarian law
  • Print page

    Reservations and declarations made upon ratification :

    Reservations :

    "1. Article 13 and Article 15 of the Convention will be applied provided that they will not affect legal restrictions in accordance with Article 10 and Article 11 of the European Convention on the Protection of Human Rights and Fundamental Freedoms of 4 November 1950.

    "2. Article 17 will be applied to the extent that it is compatible with the basic rights of others, in particular with the basic rights of freedom of information and freedom of press."

    Declarations :

    "1. Austria will not make any use of the possibility provided for in Article 38 paragraph 2 to determine an age limit of 15 years for taking part in hostilities as this rule is incompatible with Article 3 paragraph 1, which determines that the best interests of the child shall be a primary consideration.

    "2. Austria declares, in accordance with its constitutional law, to apply Article 38, paragraph 3, provided that only male Austrian citizens are subject to compulsory military service." Austria (6 September 1995):

    Under article 19 of the Vienna Convention on the Law of Treaties which is reflected in article 51 of the Convention on the Rights of the Child - a reservation, in order to be admissible under international law, has to be compatible with object and purpose of the treaty concerned. A reservation is incompatible with the object and purpose of a treaty if it intends to derogate provisions the implementation of which is essential to fulfilling its object and purpose.

    The Government of Austria has examined the reservation made by the Islamic Republic of Iran to the [said Convention]. Given the General character of this reservation a final assessment as to its admissibility under international law cannot be made without further clarification.

    Until the scope of the legal effects of this reservation is sufficiently specified by the Islamic Republic of Iran, the Republic of Austria considers this reservation as not affecting any provision the implementation of which is essential to fulfilling the object and purpose of the [said Convention].

    Austria, however, objects to the admissibility of the reservation in question if the application of this reservation negatively affects the compliance by the Islamic Republic of Iran with its obligations under the [said Convention] essential for the fullfilment of its object and purpose. Austria could not consider the reservation made by the Islamic Republic of Iran as admissible under the regime of article 51 of the [said Convention] and article 19 of the Vienna Convention on the Law of Treaties unless Iran, by providing additional information or through subsequent practice ensures that the reservation is compatible with the provisions essential for the implementation of the object and purpose of the [said Convention].

    Austria

    18 June 1996


    With regard to the reservations made by Malaysia upon accession:


    "Under article 19 of the Vienna Convention on the Law of Treaties which is reflected in article 51 of the [Convention] a reservation, in order to be admissible under international law, has to be compatible with the object and purpose of the treaty concerned. A reservation is incompatible with object and purpose of a treaty if it intends to derogate provisions of the implementation of which is essential to fulfilling its object and purpose.



    The Government of Austria has examined the reservation made by Malaysia to the [Convention]. Given the general character of these reservations a final assessment as to its admissibility under international law cannot be made without further clarification.



    Until the scope of the legal effects of this reservation is sufficiently specified by Malaysia, the Republic of Austria considers these reservations as not affecting any provision the implementation of which is essential to fulfilling the object and purpose of the [Convention].



    Austria, however, objects to the admissibility of the reservations in question if the application of this reservation negatively affects the compliance of Malaysia ... with its obligations under the [Convention] essential for the fulfilment of its object and purpose.



    Austria could not consider the reservation made by Malaysia ... as admissible under the regime of article 51 of the [Convention] and article 19 of the Vienna Convention on the Law of Treaties unless Malaysia ... , by providing additional information or through subsequent practice to ensure [s] that the reservations are compatible with the provisions essential for the implementation of the object and purpose of the [Convention]".



    On 18 June 1996, the Secretary-General received from the Government of Austria, the following communication with regard to the reservation made by Qatar upon ratification:


    [Same text, mutatis mutandis, as the objection made with regard to Malaysia under "Objections".]
    3 Mars 1997


    With regard to the reservations made by Brunei Darussalam, Kiribati and Saudi Arabia upon accession:


    [Same objection, mutatis mutandis, as the one made with regard to Malaysia.]

    on 19 February 1998, the Secretary-General received from the Government of Austria the following communication [With regard to the reservations made by Oman]
    :

    [Same objection, mutatis mutandis, as the one made with regard to Malaysia under "Objections".]
26.01.1990

06.08.1992

06.08.1992, 06.09.1995, 18.06.1996, 03.03.1997, 19.02.1998