104. Supervening impossibility and fundamental change of circumstances.

104.     Supervening impossibility and fundamental change of circumstances.

A party may invoke the impossibility of performing a treaty1 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 treaty2. This ground 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 under the treaty or of any other international obligation owed to any other party