Force majeure

In this regard, the commentary distinguishes force majeure from the doctrine of impossibility

(a) The situation of force majeure is due, either alone or in combination with other factors, to the conduct of the State invoking it or

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The Cairo Declaration was the outcome of the Cairo Conference in Cairo, Egypt, on November 27, 1943.

Third, regarding force majeure (article 23), although the International Law Commission's commentary indicates the applicability of the doctrine in some contexts of armed conflict, it again reiterates that force majeure operates as an excuse for non performance, not as an effect on treaties.

The Cairo Declaration

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Demonstration in Cairo.

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It was also observed that treaty practice provided limited exceptions to strict liability such as armed conflict, force majeure or compliance with a compulsory public measure, etc.

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Salem, Founder and Chairman, HKS Group, Cairo, Egypt

Thus, the force majeure doctrine can operate automatically but serves merely as an excuse for non performance the impossibility doctrine must be invoked, but serves to justify termination or suspension of the treaty itself.

James Nachtwey's searing photos of war

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