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Max Planck Encyclopedia of Public International Law [MPEPIL]

Armed Conflict, Effect on Treaties

Silja Vöneky

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 May 2023

Armed conflict, international — Peace treaties — Conduct of hostilities — Belligerence — Weapons

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 The question of the effect of an armed conflict on treaties was and is one of the most disputed subjects in public international law. Neither in State practice nor in legal doctrine, was there a common view on the question whether peacetime international law is applicable to belligerent States during an international armed conflict in general. In the 19th century there is some evidence for the opinio iuris that ‘[b]y the Law of Nations war abrogates all treaties between the belligerents’ (Hardings cited in McNair 700; cf Harvard Draft Convention Comment at...
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