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e) any party other than the defaulting State or intemational organization to

invoke the breach as a ground for suspending the operation of the treaty in

whole or in part with respect to itself if the treaty is of such a character that

a material breach of its provisions by one party radically changes the position

of every party with respect to the further performance of its obligations under

the treaty.

3. A material breach of a treaty, for the purposes of this article, consists in:

a) a repudiation of the treaty not sanctioned by the present Convention; or

b) the violation of a provision essential to the accomplishment of the object or

purpose of the treaty.

4. The foregoing paragraphs are without prejudice to any prov1s10n m the treaty

applicable in the event of a breach.

5. .Paragraphs 1 to 3 do not apply to provisions relating to the protection of the human

person contained in treaties of a humanitarian character, in particular to provisions

prohibiting any form of reprisals against persons protected by such treaties.

Article 61

Supervening impossibility of performance

1. A party may invoke the impossibility of performing a treaty as a ground for

terminating or withdrawing from it if the impossibility results from the permanent

disappearance or destruction of an object indispensable for the execution of the treaty.

lf the impossibility is temporary, it may be invoked only as a ground for suspending

the operation of the treaty.

2. 2.Impossibility of performance may not be invoked by a party as a ground for

terminating, withdrawing from or suspending the operation of a treaty if the

impossibility is the result of a breach by that party either of an obligation under the

treaty or of any other intemational obligation owed to any other party to the treaty.

Article 62

Fundamental change of circumstances

1. A fundamental change of circumstances which has occurred with regard to those

existing at the time of the conclusion of a treaty, and which was not foreseen by the

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