Withdrawal	of	article	34(6)	declaration	
Applicability	 of	 the	 Vienna	 Convention	 on	 the	 Law	 of	 Treaties	 to	 withdrawal	 of	
declaration			

While the declaration emanates from the Protocol, it a unilateral act and not per se a treaty
and therefore not subject to the provisions of the Vienna Convention on the Law of Treaties
(VCLT) (Ingabire Victorie Umuhoza v Republic of Rwanda, Ruling on Jurisdiction, 5
September 2016, para 54).
Conditions	of	withdrawal	 Even though states may withdraw their declarations, this right is not

absolute especially where the declaration creates legal rights for third parties the enjoyment
of which requires legal certainty (Umuhoza, para 60). States should therefore give a
minimum of 1 year prior notice to avoid the abrupt suspension of rights emanating from the
declaration (Umuhoza, paras 62-66).
	

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