LCP4801
Assignment 2 Semester 2 2026
Due date: 4 September 2026
BANKOKA’S CONSENT TO BE BOUND BY THE ICCPR AND ITS PROPOSED RESERVATION
TO ARTICLE 10(3)
1. Introduction
Bankoka is an independent state with international legal personality and therefore has the legal
capacity to conclude treaties.1 The Vienna Convention on the Law of Treaties 1969 recognises that
every state possesses the capacity to conclude treaties.1 The International Covenant on Civil and
Political Rights is a multilateral human rights treaty which protects important civil and political rights.1
Since the period for signing the ICCPR has passed, Bankoka may become a party by depositing an
instrument of accession with the United Nations Secretary-General.1 Accession has the same
international legal effect as ratification, acceptance or approval.1
, BANKOKA’S CONSENT TO BE BOUND BY THE ICCPR AND ITS PROPOSED
RESERVATION TO ARTICLE 10(3)
1. Introduction
Bankoka is an independent state with international legal personality and therefore
has the legal capacity to conclude treaties.1 The Vienna Convention on the Law of
Treaties 1969 recognises that every state possesses the capacity to conclude
treaties.2 The International Covenant on Civil and Political Rights is a multilateral
human rights treaty which protects important civil and political rights.3 Since the
period for signing the ICCPR has passed, Bankoka may become a party by
depositing an instrument of accession with the United Nations Secretary-General.4
Accession has the same international legal effect as ratification, acceptance or
approval.5
Bankoka may attach a reservation when depositing its instrument of accession, but
the reservation must satisfy the rules found in the Vienna Convention and the special
standards governing human rights treaties.6 The fact that Bankoka has limited
prisons and financial resources does not automatically make its proposed
reservation lawful. The decisive question is whether the reservation is compatible
with the object and purpose of the ICCPR.7
2. Expression of Consent to Be Bound
1 Vienna Convention on the Law of Treaties 1969, art 6.
2 ibid.
3 International Covenant on Civil and Political Rights 1966, preamble and arts 1–27.
4 ICCPR, art 48(4).
5 Vienna Convention, art 2(1)(b); Hennie Strydom (ed), International Law (OUP Southern Africa 2016) 69.
6 Vienna Convention, arts 19–23.
7 ibid art 19(c).
Assignment 2 Semester 2 2026
Due date: 4 September 2026
BANKOKA’S CONSENT TO BE BOUND BY THE ICCPR AND ITS PROPOSED RESERVATION
TO ARTICLE 10(3)
1. Introduction
Bankoka is an independent state with international legal personality and therefore has the legal
capacity to conclude treaties.1 The Vienna Convention on the Law of Treaties 1969 recognises that
every state possesses the capacity to conclude treaties.1 The International Covenant on Civil and
Political Rights is a multilateral human rights treaty which protects important civil and political rights.1
Since the period for signing the ICCPR has passed, Bankoka may become a party by depositing an
instrument of accession with the United Nations Secretary-General.1 Accession has the same
international legal effect as ratification, acceptance or approval.1
, BANKOKA’S CONSENT TO BE BOUND BY THE ICCPR AND ITS PROPOSED
RESERVATION TO ARTICLE 10(3)
1. Introduction
Bankoka is an independent state with international legal personality and therefore
has the legal capacity to conclude treaties.1 The Vienna Convention on the Law of
Treaties 1969 recognises that every state possesses the capacity to conclude
treaties.2 The International Covenant on Civil and Political Rights is a multilateral
human rights treaty which protects important civil and political rights.3 Since the
period for signing the ICCPR has passed, Bankoka may become a party by
depositing an instrument of accession with the United Nations Secretary-General.4
Accession has the same international legal effect as ratification, acceptance or
approval.5
Bankoka may attach a reservation when depositing its instrument of accession, but
the reservation must satisfy the rules found in the Vienna Convention and the special
standards governing human rights treaties.6 The fact that Bankoka has limited
prisons and financial resources does not automatically make its proposed
reservation lawful. The decisive question is whether the reservation is compatible
with the object and purpose of the ICCPR.7
2. Expression of Consent to Be Bound
1 Vienna Convention on the Law of Treaties 1969, art 6.
2 ibid.
3 International Covenant on Civil and Political Rights 1966, preamble and arts 1–27.
4 ICCPR, art 48(4).
5 Vienna Convention, art 2(1)(b); Hennie Strydom (ed), International Law (OUP Southern Africa 2016) 69.
6 Vienna Convention, arts 19–23.
7 ibid art 19(c).
