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<Статус Конвенции о запрещении или ограничении применения конкретных видов обычного оружия, которые могут считаться наносящими чрезмерные повреждения или имеющими неизбирательное действие (Женева, 10 октября 1980 года)» [рус., англ.] (по состоянию на 16.09.2010)
ne of the core provisions of the Protocol, the reservation is incompatible with the object and purpose of the Protocol. Moreover, it follows from the provision itself that no exception whatsoever is allowed.
The Government of the Portuguese Republic furthermore considers that, in respect of paragraph 3 of article 2, the reservation must also be deemed to be incompatible with the object and purpose of the Protocol, since it widens the scope of the exception provided for under this paragraph. In addition, it should be underlined that also this paragraph is a core provision of the Protocol.
According to international law, a reservation which is incompatible with the object and purpose of a treaty shall not be permitted.
The Government of the Portuguese Republic therefore objects to the aforesaid reservation made by the Government of the United States of America on 21 January 2009 upon its consent to be bound by Protocol III of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects.
This objection shall not preclude the entry into force of the Protocol III between the Portuguese Republic and the United States of America."
Spain
5 February 2010
With regard to the reservation made by the United States of America upon consenting to be bound by Protocol III to the above Convention:
The Government of the Kingdom of Spain has examined the reservation to article 2, paragraphs 2 and 3, of the Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons, presented by the United States of America at the time of its ratification of the Protocol.
The Government of the Kingdom of Spain considers that the said reservation, in the terms in which it was formulated, runs counter to the prohibitions contained in article 2, paragraphs 2 and 3, and is therefore incompatible with the object and purpose of Protocol III.
Consequently, the Government of the Kingdom of Spain objects to the reservation presented by the United States of America to article 2, paragraphs 2 and 3, of the Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons.
This objection shall not preclude the entry into force of the Protocol between the Kingdom of Spain and the United States of America.
Sweden
2 February 2010
With regard to the reservation made by the United States of America upon consenting to be bound by Protocol III to the above Convention:
"...the Government of Sweden has examined the reservation made by the Government of the United States of America concerning the latter's consent, on 21 January 2009, to be bound by Protocol III to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects.
According to customary international law, as codified in the Vienna Convention on the Law of Treaties, reservations incompatible with the object and purpose of a treaty shall not be permitted. It is in the common interest of all States that treaties to which they have chosen to become parties are respected as to their object and purpose by all parties, and that States are prepared to undertake any legislative changes necessary to fulfill their obligations under the treaties.
The Government of Sweden notes that the United States of America has made a reservation to the core provisions of Protocol III.
The Protocol provides (Article 2.2) that it is prohibited in all circumstances to make any military objective located within a concentration of civilians the object of attack by air-delivered incendiary weapons. This is a clear-cut ban on the use of air-delivered incendiary weapons. The provision does not allow for any except
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