3 February 2010
With regard to the reservation made by the United States of America upon consenting to be bound by Protocol III to the above Convention:
“The Government of Austria has examined the reservations made by the United States of America upon consent to be bound by the Convention on prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects (Protocol III).
The Government of Austria finds that the reservation to Article 2, paragraphs 2 and 3 affects essential obligations arising from the Convention and their observance is necessary in order to achieve the purpose of the Convention.
The Government of Austria would like to recall that, according to customary international law as codified in the Vienna Convention on the Law of Treaties (article 19 sub-paragraph c), 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, by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.
For these reasons, the Government of Austria objects to the aforementioned reservation made by the United States of America to the Convention on prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects (Protocol III).
This position however does not preclude the entry into force in its entirety of the Convention between the United States of America and Austria.”