Tratados internacionales y conflictos armados: una cuestión siempre pendiente

Abstract

The question of the effects of armed conflicts on treaties remains a highly controversial one with many different positions being held on the matter. State practice does not offer any definitive solutions regarding their regulation. However, the work of the International Law Commission has clarified many of these doubts while providing elements of legal security. The draft articles on the effects of armed conflicts on treaties, adopted in 2011, constitute a useful instrument to understand the relationship between treaties and armed conflicts. The link between treaties and the prohibition of the use of force highlights the importance of this structural principle of International Law, which serves to limit the effects hostilities can have on conventional relations. Today, International Law offers a set of principles and guidelines on the basis of which the specific effects of this particular cause of the termination and suspension of treaties can be tested. The pacta sunt servanda principle
stresses the value of the maintenance of treaties, in spite of hostilities. Thus, depending on the specific object of a treaty and other elements, the effects of armed conflicts on treaties are readily determined.