Aviso n.º 71/2008, de 15 de Maio de 2008
Aviso n. 71/2008
Por ordem superior se torna público ter o Governo da Suécia efectuado, junto do Secretário -Geral das Naçóes Unidas, em 5 de Outubro de 2005, uma objecçáo à declaraçáo formulada pela República Árabe do Egipto no momento da adesáo à Convençáo Internacional para a Eliminaçáo do Financiamento do Terrorismo, adoptada em Nova Iorque em 9 de Dezembro de 1999.
Notificaçáo
The Government of Sweden has examined the explanatory declaration made by the Government of the Arab Republic of Egypt upon ratification of the International Convention for the Suppression of the Financing of Terrorism, according to which the Arab Republic of Egypt does not consider acts of national resistance in all its forms, including armed resistance against foreign occupation and aggression with a view of liberation and self -determination, as terrorist acts within the meaning of paragraph 1 (b) of Article 2 of the Convention.
The Government of Sweden recalls that the designation assigned to a statement whereby the legal effect of certain provisions of a treaty is excluded or modified does not determine its status as a reservation to the treaty. The Government of Sweden considers that the declaration made by the Government of the Arab Republic of Egypt in substance constitutes a reservation.
The object and purpose of the Convention is to suppress the financing of terrorist acts, including those defined in paragraph 1 (b) of Article 2 of the Convention. Such acts can never be justified with reference to the exercise of people's right to self -determination.
The Government of Sweden further considers the reservation to be contrary to the terms of Article 6 of the Convention, according to which the States parties are under an obligation to adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of the Convention are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature.
The Government of Sweden wishes to recall that, according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted. It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, and that States are prepared to undertake...
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