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. If the impossibility is
temporary, it may be invoked
only as a ground for
suspending the
operation of the
treaty.
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
international obligation owed to
any other
party to the
treaty.