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Contents
The Convention on Cluster Munitions - A Commentary edited by Nystuen, Gro; Casey-Maslen, Stuart (21st October 2010)
- Preliminary Material
- Main Text
- Introduction
- Preliminary Material
- Development and use of cluster munitions
- The negotiation of the Convention on Cluster Munitions
- 0.20
- 0.21
- 0.22
- 0.23
- The emergence of the Oslo Process
- The Oslo Process
- The Oslo Declaration
- The Oslo Process and the Convention on Certain Conventional Weapons
- The Lima Conference on Cluster Munitions
- The Vienna Conference on Cluster Munitions
- The Wellington Conference on Cluster Munitions
- The lead-up to the Diplomatic Conference
- Organization of the Diplomatic Conference: Basic Proposal, Rules of Procedure, and Structure of Work
- The negotiations at the Dublin Diplomatic Conference
- Commentary
- The Title and Preamble of the Convention
- Preliminary Material
- Overview
- The Title of the Convention
- The preamble
- 0.79
- Background to the preamble
- Negotiation of the preamble
- The States Parties
- First preambular paragraph: the protection of civilians in armed conflict
- Second preambular paragraph: the humanitarian impact of cluster munitions
- Third preambular paragraph: cluster munition remnants
- Fourth preambular paragraph: stockpiled cluster munitions
- Fifth preambular paragraph: efficient and coordinated clearance
- Sixth preambular paragraph: the rights of cluster munition victims
- Seventh preambular paragraph: the provision of assistance to cluster munition victims
- Eighth preambular paragraph: age and gender sensitivity
- Ninth preambular paragraph: Convention on the Rights of Persons with Disabilities
- Tenth preambular paragraph: coordination of assistance to victims of weapons and non-discrimination
- Eleventh preambular paragraph: ‘Martens clause’
- Twelfth preambular paragraph: application of prohibitions to non-State armed groups
- Thirteenth preambular paragraph: the norm prohibiting anti-personnel mines
- Fourteenth preambular paragraph: the protocol on explosive remnants of war
- Fifteenth preambular paragraph: UN Security Council resolutions on women, peace, and security, and on children in armed conflict
- Sixteenth preambular paragraph: unilateral measures prohibiting cluster munitions
- Seventeenth preambular paragraph: the role of public conscience
- Eighteenth preambular paragraph: the Oslo Declaration
- Nineteenth preambular paragraph: universalization and implementation of the Convention on Cluster Munitions
- Twentieth preambular paragraph: the principles and rules of international humanitarian law
- Art.1 General obligations and scope of application
- Preliminary Material
- Overview of the Article
- Preparatory discussions and negotiations
- 1.6
- Cluster munitions ‘that cause unacceptable harm to civilians’
- Transition periods
- ‘Interoperability’ and assisting, encouraging, or inducing prohibited activities
- Paragraph 1
- Paragraph 1(b)
- Paragraph 1(c)
- Paragraph 2
- Paragraph 3
- Art.2 Definitions
- Preliminary Material
- Overview of the Article
- Preparatory discussions and negotiations
- Cluster munition victims
- The definition of a cluster munition
- Overview
- Preparatory discussions
- Negotiations
- Paragraph 2
- Commentary
- Conventional munition
- Disperse or release
- Explosive submunition
- Weighing less than 20 kilograms
- And includes those explosive submunitions
- A munition or submunition designed to produce flares, smoke, pyrotechnics, or chaff
- A munition designed exclusively for an air-defence role
- Submunitions designed to produce electrical or electronic effects
- To avoid indiscriminate area effects and to avoid the risk posed by unexploded submunitions
- Indiscriminate area effects
- To avoid the risk posed by unexploded submunitions
- 2.126
- 2.127
- i Each munition contains fewer than ten explosive submunitions
- ii Each explosive submunition weighs more than four kilograms
- iii Each explosive submunition is designed to detect and engage a single target object
- iv Each explosive submunition is equipped with an electronic self-destruction mechanism
- v Each explosive submunition is equipped with an electronic self-deactivating feature
- Commentary
- Paragraph 3
- ‘Other definitions’ (paragraphs 4–15)
- Art.3 Storage and stockpile destruction
- Art.4 Clearance and destruction of cluster munition remnants and risk reduction education
- Preliminary Material
- Overview of the Article
- Relationship to other Articles of the Convention
- Preparatory discussions
- Negotiations
- 4.11
- 4.12
- 4.13
- 4.14
- 4.15
- 4.16
- Paragraph 1
- Commentary
- Clearance and destruction
- Ensure the clearance and destruction of cluster munition remnants
- Cluster munition remnants
- Cluster munition contaminated areas under a State Party’s jurisdiction or control
- The scope of the obligation: ‘jurisdiction or control’
- Cluster munitions becoming remnants after entry into force for a State Party
- Declaration of compliance
- Paragraph 2
- Paragraph 3
- Paragraph 4
- Paragraph 5
- Paragraph 6
- Paragraph 7
- Paragraph 8
- Art.5 Victim assistance
- Preliminary Material
- Overview of the Article
- Preparatory discussions
- Negotiations
- 5.33
- The first discussion in the Committee of the Whole
- The non-discrimination rule
- International humanitarian and human rights law
- Age- and gender-sensitive victim assistance
- Additional guidance on implementing the core victim assistance obligations
- Existing national disability, development, and human rights frameworks
- Reaching agreement
- Commentary
- 5.55
- 5.56
- For whom? The definition of ‘cluster munition victims’
- Who bears responsibility for victim assistance?
- What assistance should be provided?
- Guidance for implementing the victim assistance package
- Structure of the victim assistance package
- Type of legal obligation: ‘Each State Party … shall … provide … assistance’
- Scope of application—‘with respect to cluster munition victims in areas under its jurisdiction or control’
- ‘In accordance with applicable international humanitarian and human rights law’
- The content of victim assistance: ‘adequately provide … assistance including medical care, rehabilitation, and psychological support as well as … social and economic inclusion’
- Age and gender: ‘provide age- and gender-sensitive assistance’
- Data collection: ‘make every effort to collect reliable data’
- Concretizing the obligation: needs assessment, national plan, budget, timeframes, and mobilizing resources
- Aligning efforts and mechanisms
- Development of laws and policies
- Fundamental principle: Consultation with and involvement of victims in decision-making and implementation
- Fundamental principle: Non-discrimination
- Best practices
- Art.6 International cooperation and assistance
- Art.7 Transparency measures
- Preliminary Material
- Overview of the Article
- Preparatory discussions
- Negotiations
- 7.19
- 7.20
- 7.21
- 7.22
- 7.23
- 7.24
- 7.25
- 7.26
- Paragraph 1
- Overview and chapeau
- Paragraph 1(a): national implementation measures
- Paragraph 1(b): stockpiles of cluster munitions
- Paragraph 1(c): technical characteristics
- Paragraph 1(d): programmes for conversion or decommissioning of production facilities
- Paragraph 1(e): programmes for stockpile destruction
- Paragraph 1(f): stockpiles destroyed
- Paragraph 1(g): newly discovered stockpiles
- Paragraph 1(h): cluster munition contaminated areas
- Paragraph 1(i): clearance programmes
- Paragraph 1(j): risk reduction education
- Paragraph 1(k): victim assistance
- Paragraph 1(l): national contacts
- Paragraph 1(m): national resources
- Paragraph 1(n): international cooperation and assistance
- Paragraph 2
- Paragraph 3
- Art.8 Facilitation and clarification of compliance
- Art.9 National implementation measures
- Art.10 Settlement of disputes
- Art.11 Meetings of States Parties
- Art.12 Review Conferences
- Art.13 Amendments
- Art.14 Costs and administrative tasks
- Art.15 Signature
- Art.16 Ratification, acceptance, approval or accession
- Art.17 Entry into force
- Art.18 Provisional application
- Art.19 Reservations
- Art.20 Duration and withdrawal
- Art.21 Relations with States not party to this Convention
- Preliminary Material
- Overview of the Article
- Relationship to other Articles of the Convention
- Preparatory discussions
- Negotiations
- 21.21
- 21.22
- 21.23
- 21.24
- 21.25
- 21.26
- 21.27
- 21.28
- 21.29
- 21.30
- 21.31
- 21.32
- 21.33
- 21.34
- 21.35
- 21.36
- 21.37
- 21.38
- 21.39
- 21.40
- 21.41
- Paragraph 1
- Paragraph 2
- Paragraph 3
- Paragraph 4
- Art.22 Depositary
- Art.23 Authentic texts
- The Title and Preamble of the Convention
- Introduction
- Further Material
- Bibliography
- Annexes
- [No Title]
- Annex 1: 1969 Vienna Convention on the Law of Treaties (extracts)
- Art.7— Full powers
- Art.9— Adoption of the text
- Art.10— Authentication of the text
- Art.11— Means of expressing consent to be bound by a treaty
- Art.18— Obligation not to defeat the object and purpose of a treaty prior to its entry into force
- Art.19— Formulation of reservations
- Art.24— Entry into force
- Art.25— Provisional application
- Art.26— Pacta sunt servanda ’
- Art.27— Internal law and observance of treaties
- Art.28— Non-retroactivity of treaties
- Art.29— Territorial scope of treaties
- Art.31— General rule of interpretation
- Art.32— Supplementary means of interpretation
- Art.33— Interpretation of treaties authenticated in two or more languages
- Art.34— General rule regarding third States
- Art.42— Validity and continuance in force of treaties
- Art.43— Obligations imposed by international law independently of a treaty
- Art.46— Provisions of internal law regarding competence to conclude treaties
- Art.54— Termination of or withdrawal from a treaty under its provisions or by consent of the parties
- Art.76— Depositaries of treaties
- Art.77— Functions of depositaries
- Annex 2: Oslo Declaration
- Annex 3: Lima Discussion Text
- Art.1— General obligations and scope of application
- Art.2— Definition
- Art.3— Storage and stockpile destruction
- Art.4— Clearance of unexploded ordnance from cluster munitions
- Art.5— International cooperation and assistance
- Art.6— Victim assistance
- Art.7— Transparency measures
- Art.8— Facilitation and clarification of compliance
- Art.9— National implementation measures
- Art.10— Settlement of disputes
- Art.11— Meetings of States Parties
- Art.12— Review conferences
- Art.13— Amendments
- Art.14— Costs
- Art.15— Signature
- Art.16— Ratification, acceptance, approval or accession
- Art.17— Entry into force
- Art.18— Provisional application
- Art.19— Reservations
- Art.20— Duration and withdrawal
- Art.21— Depositary
- Art.22— Authentic texts
- Annex 4: Vienna Discussion Text
- Vienna Discussion Text of 14 November 2007
- Art.1— General obligations and scope of application
- Art.2— Definitions
- Art.3— Storage and Stockpile Destruction
- Art.4— Clearance and Destruction of Cluster Munition Remnants
- Art.5— Victim Assistance
- Art.6— International Cooperation and Assistance
- Art.7— Transparency Measures
- Art.8— Facilitation and Clarification of Compliance
- Art.9— National Implementation Measures
- Art.10— Settlement of Disputes
- Art.11— Meetings of States Parties
- Art.12— Review Conferences
- Art.13— Amendments
- Art.14— Costs
- Art.15— Signature
- Art.16— Ratification, Acceptance, Approval or Accession
- Art.17— Entry into force
- Art.18— Provisional Application
- Art.19— Reservations
- Art.20— Duration and Withdrawal
- Art.21— Depositary
- Art.22— Authentic Texts
- Explanatory Annex
- Vienna Discussion Text of 14 November 2007
- Annex 5: Draft Cluster Munitions Convention And Explanatory Note
- Draft Cluster Munitions Convention 21 January 2008
- Art.1— General obligations and scope of application
- Art.2— Definitions
- Art.3— Storage and stockpile destruction
- Art.4— Clearance and destruction of cluster munition remnants
- Art.5— Victim assistance
- Art.6— International cooperation and assistance
- Art.7— Transparency measures
- Art.8— Facilitation and clarification of compliance
- Art.9— National implementation measures
- Art.10— Settlement of disputes
- Art.11— Meetings of States Parties
- Art.12— Review conferences
- Art.13— Amendments
- Art.14— Costs
- Art.15— Signature
- Art.16— Ratification, acceptance, approval or accession
- Art.17— Entry into force
- Art.18— Provisional application
- Art.19— Reservations
- Art.20— Duration and withdrawal
- Art.21— Depositary
- Art.22— Authentic texts
- Draft Cluster Munitions Convention Explanatory Notes
- Preamble
- Art.1: General obligations and scope of application
- Art.2: Definitions
- Art.3: Stockpile Destruction
- Art.4: Clearance and destruction of cluster munition remnants
- Art.5: Victim Assistance
- Art.6: International cooperation and assistance
- Art.7: Transparency Measures
- Art.9: National Implementation Measures
- Art.10: Settlement of disputes
- Draft Cluster Munitions Convention 21 January 2008
- Annex 6: Wellington compendium
- Annex 7: Wellington Declaration
- Annex 8: Documentation from the Dublin Diplomatic Conference
- Diplomatic Conference for the Adoption of a Convention on Cluster Munitions Dublin 19–30 May 2008
- CCM/1: Draft Agenda
- CCM/2: Draft Rules of Procedure 21 February 2008
- Ch.I Participation
- Ch.II Representation and credentials
- Ch.III Officers
- Ch.IV General Committee
- Ch.V Secretariat
- Ch.VI Opening of the Conference
- Ch.VII Conduct of business
- r.20 Quorum
- r.21 Speeches
- r.22 Precedence
- r.23 Points of order
- r.24 Closing of the list of speakers
- r.25 Right of reply
- r.26 Adjournment of debate
- r.27 Closure of debate
- r.28 Suspension or adjournment of the meeting
- r.29 Order of motions
- r.30 Basic proposal
- r.31 Other proposals
- r.32 Withdrawal of proposals and motions
- r.33 Decisions on competence
- r.34 Reconsideration of proposals
- r.35 Invitation to Technical Advisers
- Ch.VIII Decision-Making
- r.36 General agreement
- r.37 Voting rights
- r.38 Majority required
- r.39 Meaning of the expression ‘representatives present and voting’
- r.40 Method of voting
- r.41 Conduct during voting
- r.42 Explanation of vote
- r.43 Division of proposals
- r.44 Amendments
- r.45 Decisions on amendments
- r.46 Decisions on proposals
- r.47 Elections
- r.48 Elections—one elective place to be filled
- r.49 Elections—two or more elective places to be filled
- Ch.IX Subsidiary Bodies
- Ch.X Languages and records
- Ch.XI Public and private meetings
- Ch.XII Amendments to the Rules of Procedure
- CCM/3: Draft Convention on Cluster Munitions
- CCM/4: Proposal by Ireland for the amendment of the Preamble
- CCM/5: Proposal by France for the amendment of the Preamble
- CCM/6: Proposal by the United Kingdom for the amendment of the Preamble
- CCM/7: Proposal by Lesotho for the amendment of the Preamble
- CCM/8: Proposal by Indonesia for the amendment of the Preamble
- CCM/9: Proposal by Mozambique for the amendment of the Preamble
- CCM/10: Proposal by Japan for the amendment of Article 1
- CCM/11: Proposal By France for the amendment of Article 1
- CCM/12: Proposal by Switzerland for the amendment of Article 1
- CCM/13: Proposal by Germany, Supported by Denmark, France, Italy, Slovakia, Spain, the Czech Republic and the United Kingdom for the amendment of Article 1
- CCM/14: Proposal by the United Kingdom for the amendment of Article 1
- CCM/15: Proposal by Ireland for the amendment of Article 1
- CCM/16: Proposal by France for the amendment of Article 1
- CCM/17: Comments by Australia, Canada, Denmark, Finland, France, Germany, Italy, Japan, the Netherlands and the United Kingdom concerning elements for Definitions
- CCM/18: Proposal by Japan for the amendment of Article 2
- CCM/19: Proposal by Germany for the amendment of Article 2
- CCM/20: Proposal by France for the amendment of Article 2
- CCM/21: Proposal by Switzerland for the Amendment of Article 2
- CCM/22: Proposal by France and Germany for the amendment of Article 2
- CCM/23: Proposal by the United Kingdom for the amendment of Article 2
- CCM/24: Proposal by Peru for the amendment of Article 2
- CCM/25: Proposal by Ireland for the amendment of Article 2
- CCM/26: Proposal by Sweden for the amendment of Article 2
- CCM/27: Proposal by Indonesia for the amendment of Article 2
- CCM/28: Proposal by Australia, Denmark, Finland, France, Germany, Italy, Japan, Slovakia, Sweden, Switzerland and the United Kingdom for the amendment of Article 3
- CCM/29: Proposal by United Kingdom for the amendment of Article 3
- CCM/30: Proposal by Peru for the amendment of Article 3
- CCM/31: Proposal by Ireland for the amendment of Article 4
- CCM/32: Proposal by France and Germany for the amendment of Article 4
- CCM/33: Proposal by the United Kingdom for the amendment of Article 4
- CCM/34: Proposal by Italy for the amendment of Article 4
- CCM/35: Proposal by Switzerland for the amendment of Article 5
- CCM/36: Proposal by the United Kingdom for the amendment Of Article 5
- CCM/37: Proposal by Denmark, France, Germany and Sweden for the amendment of Article 6
- CCM/38: Proposal by the United Kingdom for the amendment of Article 6
- CCM/39: Proposal by Italy for the amendment of Article 6
- CCM/40 : Proposal by Australia, Denmark, France, Germany, Italy, Sweden, Switzerland and the United Kingdom for the amendment of Article 7
- CCM/41: Proposal by the United Kingdom for the amendment of Article 7
- CCM/42: Proposal by the United Kingdom for the amendment of Article 8
- CCM/43: Proposal by the United Kingdom for the amendment of Article 10
- CCM/44: Proposal by the United Kingdom for the amendment of Article 14
- CCM/45: Proposal by the United Kingdom for the amendment of Article 17
- CCM/46: Proposal by Germany for the amendment of Article 18
- CCM/47: Proposal by France and Germany for additional text
- CCM/48: Proposal by Australia, Denmark, Finland, France, Germany, Italy, Japan, the Netherlands and the United Kingdom for additional text
- CCM/48/CORR.: Proposal by Australia, Denmark, Finland, France, Germany, Italy, Japan, the Netherlands and the United Kingdom for additional text
- CCM/49: Proposal by Canada (withdrawn)
- CCM/50: Proposal by Switzerland for additional text
- CCM/51: Agenda
- CCM/52: Rules of Procedure 19 May 2008
- Diplomatic Conference for the Adoption of a Cluster Munitions Convention Dublin May 2008 Rules of Procedure
- Ch.I Participation
- Ch.II Representation and credentials
- Ch.III Officers
- Ch.IV General Committee
- Ch.V Secretariat
- Ch.VI Opening of the Conference
- Ch.VII Conduct of business
- r.20 Quorum
- r.21 Speeches
- r.22 Precedence
- r.23 Points of order
- r.24 Closing of the list of speakers
- r.25 Right of reply
- r.26 Adjournment of debate
- r.27 Closure of debate
- r.28 Suspension or adjournment of the meeting
- r.29 Order of motions
- r.30 Basic proposal
- r.31 Other proposals
- r.32 Withdrawal of proposals and motions
- r.33 Decisions on competence
- r.34 Reconsideration of proposals
- r.35 Invitation to Technical Advisers
- Ch.VIII Decision-Making
- r.36 General agreement
- r.37 Voting rights
- r.38 Majority required
- r.39 Meaning of the expression ‘representatives present and voting’
- r.40 Method of voting
- r.41 Conduct during voting
- r.42 Explanation of vote
- r.43 Division of proposals
- r.44 Amendments
- r.45 Decisions on amendments
- r.46 Decisions on proposals
- r.47 Elections
- r.48 Elections—one elective place to be filled
- r.49 Elections—two or more elective places to be filled
- Ch.IX Subsidiary Bodies
- Ch.X Languages and records
- Ch.XI Public and private meetings
- Ch.XII Amendments to the Rules of Procedure
- Diplomatic Conference for the Adoption of a Cluster Munitions Convention Dublin May 2008 Rules of Procedure
- CCM/53: Proposal by Indonesia for the amendment of the Preamble
- CCM/54: Proposal by Indonesia for the amendment of Article 1
- CCM/55: Proposal by Lao PDR for the amendment of Article 4, paragraph 7
- CCM/56: Proposal by Philippines for additional text to Article 1
- CCM/57: Proposal by Philippines for the amendment of Article 2
- CCM/58: Proposal by Philippines for the amendment of Article 5
- CCM/59: Proposal by Philippines for the amendment of Article 6
- CCM/60 : Proposal by Philippines for the amendment of Article 9
- CCM/61: Proposal by Philippines for the amendment of Article 13
- CCM/62: Proposal by Hungary for the amendment of the Title of the Convention
- CCM/63: Proposal by Slovakia for the amendment of Article 1
- CCM/64: Proposal by Slovakia for the amendment of Article 2
- CCM/65: Proposal by Slovakia for the amendment of Article 3
- CCM/66: Proposal by Slovakia for additional text (Article 18 bis)
- CCM/67: Proposal by Spain for the amendment of Article 2
- CCM/68: Proposal by the Czech Republic for the amendment of Article 2
- CCM/69: Proposal by Morocco, supported by Senegal and Mauritania, for the amendment of the Proposal by Germany, supported by Denmark, France, Italy, Slovakia, Spain, the Czech Republic and the United Kingdom for the amendment of Article 1
- CCM/70 : Proposal by Argentina, Ecuador, Guatemala, Uruguay, Dominican Republic, Mexico, Nicaragua, Panama, Peru, Costa Rica, Chile, Honduras, Zambia and Guinea for the amendment of Article 5
- CCM/71: Proposal by Argentina, Costa Rica, Ecuador, Guatemala, Lebanon, Mexico, Palau and Uruguay for the amendment of Article 2
- CCM/72: Proposal by Norway for the amendment of Article 2
- CCM/73: Proposal by Norway for the amendment of Article 2
- CCM/74: Proposal by Canada for the amendment of Article 2
- CCM/75: Proposal by the United Kingdom for the amendment of Article 2
- CCM/76: Proposal by Spain for the amendment of Article 2
- CCM/77: Convention on Cluster Munitions
- CCM/78: Final Document
- CRP/1: Perspectives and Considered Position of the Government of the Federal Democratic Republic of Ethiopia on the Global Process to Conclude a Legally Binding International Treaty aimed at Banning Cluster Munitions
- CRP/2: Statement by the Government of Iceland upon the Adoption of the Convention on Cluster Munitions, Dublin
- Diplomatic Conference for the Adoption of a Convention on Cluster Munitions Dublin 19–30 May 2008
- Annex 9: Convention on Cluster Munitions
- Convention on Cluster Munitions
- Art.1 General obligations and scope of application
- Art.2 Definitions
- Art.3 Storage and stockpile destruction
- Art.4 Clearance and destruction of cluster munition remnants and risk reduction education
- Art.5 Victim assistance
- Art.6 International cooperation and assistance
- Art.7 Transparency measures
- Art.8 Facilitation and clarification of compliance
- Art.9 National implementation measures
- Art.10 Settlement of disputes
- Art.11 Meetings of States Parties
- Art.12 Review Conferences
- Art.13 Amendments
- Art.14 Costs and administrative tasks
- Art.15 Signature
- Art.16 Ratification, acceptance, approval or accession
- Art.17 Entry into force
- Art.18 Provisional application
- Art.19 Reservations
- Art.20 Duration and withdrawal
- Art.21 Relations with States not party to this Convention
- Art.22 Depositary
- Art.23 Authentic texts
- Convention on Cluster Munitions
- Annex 10: States parties and signatory states of the Convention On Cluster Munitions
- Annex 11: Declarations upon signature or ratification of the Convention on Cluster Munitions
- Index
