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).