Although the convention on cluster munitions prohibits all cluster munitions used to date see chapter 2, as with all weapons, the use of any cluster munitions in armed conflict is regulated by the general rules of international. The convention on cluster munitions is a misbegotten treaty that neither advances the laws of war nor enhances security. All work on cluster munitions should therefore be performed in compliance with the security councils resolution. The convention on cluster munitions bans all use, production, transfer and stockpiling of cluster munitions. It opened for signature on 3 december 2008, and entered into force on 1 august 2010.
Separate articles in the convention concern destruction of stockpiles, clearance of contaminated areas, assistance to victims, submission of transparency reports, and adoption of domestic legislation. Cluster munitions do not distinguish between civilians and combatants and can leave behind unexploded ordnance which can harm civilians and be detrimental to economic and social development for decades after use. Commonly, this is a cluster bomb that ejects explosive bomblets that are designed to kill personnel and destroy vehicles. The next three parts analyze the precedents the convention sets with particular emphasis on its humanitarian advancements. Convention on cluster munitions human rights watch. Treaties, states parties, and commentaries convention on. Sep 06, 2016 more than onequarter of the states parties to the convention on cluster munitions have adopted national implementation legislation, but much work remains to be done in this area. Convention on cluster munitions convention on cluster munitions 5.
Convention on cluster munitions ccm15 described as frustrated with the ccw process, a number of ccw membersled by norway initiated negotiations in 2007 outside of the ccw to ban cluster munitions. It is a landmark in the efforts to address the suffering that these weapons cause. Article 1 general obligations and scope of application 1. The negotiators rejected proposals for broad exceptions from the ban and for a transition period during which cluster munitions could still be used. Law prohibiting the financing of cluster munitions luxembourg prohibited the financing of cluster munitions in 2009, in the law ratifying the convention on cluster munitions.
Part iii explains how it adapts previous models to expand the conventions cover1. Convention on cluster munitions tke states parties to this convention, deeply concerned that civilian populations and individual civilians continue to bear the brunt of armed conflict, determined to put an end for all time to the suffering and casualties caused by cluster munitions at the time of their use, when they fail to function. Human suffering the convention points out who is to be considered a victim. Convention on cluster munitions e united nations office at. The convention on cluster munitions is a humanitarian imperativedriven legal instrument which prohibits all use, production, transfer and stockpiling of cluster munitions.
The 2008 convention on cluster munitions provides the only international framework for eradicating these weapons. The convention on cluster munitions the ccm is the international treaty of more than 100 states that addresses the humanitarian consequences and unacceptable harm caused to civilians by cluster munitions, through a categorical prohibition and a framework for action. Although the convention on cluster munitions prohibits all cluster munitions used to date see chapter 2, as with all weapons, the use of any cluster munitions in armed conflict is. The united states should not join the convention on. The convention on cluster munitions was adopted by 107 countries on 30 may 2008 in dublin, ireland. The adoption of the convention on cluster munitions is a recognition of cluster munitions terrible and unacceptable consequences for civilian populations. Other cluster munitions are designed to destroy runways or electric power transmission lines. Dublin, 30 may 2008 the convention was ratified by the united kingdom on the 4 may 2010 and entered into force for the united kingdom on the 1 november 2010 presented to parliament. Apr 23, 2020 convention on cluster munitions, international treaty, adopted by more than 100 countries on may 30, 2008, that prohibited the manufacture, transfer, and use of cluster munitions.
The convention bans the use, development, production, stockpiling and transfer of cluster munitions. The book undertakes an interdisciplinary legal analysis of restraints and prohibitions on the use of cluster munitions under international humanitarian law, human rights law, and international. Convention on cluster munitions the states parties to this convention, deeply concerned that civilian populations and individual civilians continue to bear the brunt of armed conflict, determined to put an end for all time to the suffering and casualties caused by cluster munitions. Laws prohibiting investments in controversial weapons. Certain weapons containing submunitions are allowed under the convention on cluster munitions, such as weapons with submunitions designed for smoke, flare, and electronic countermeasures. The convention on certain conventional munitions ccw did not restrict the use of cluster munitions.
This book offers a comprehensive argument for why preexisting international law on cluster munitions was inadequate to deal with the full scope of humanitarian consequences associated with their use. Ensuring that the convention fulfils its promises requires the widest possible adherence and implementation. Although a number of militarily important states remain outside of the convention, and cluster munitions have been used on a number of occasions by nonparties since the convention came into force, supporters of the treaty point to a stigmatising effect of the ban. Convention, of cluster munitions, including explosive submunitions, withdetails of the methods that will be used in destruction, the location of all destruction sites and the applicable safety and environmental standards to be observed. The convention on cluster munitions ccm prohibits all use, stockpiling, production and transfer of cluster munitions. Convention on cluster munitions the states parties to this convention deeply concerned that civilian populations and individual civilians continue to bear the brunt of armed conflict, determined to put an end for all time to the suffering and casualties caused by cluster munitions at the time of their use, when they fail to function as intended or. Convention on cluster munitions the convention on cluster munitions provides a comprehensive framework for addressing the longstanding humanitarian issuesassociated with these weapons. The convention also sets legal precedent in three ways. Cluster munitions article about cluster munitions by the. More than onequarter of the states parties to the convention on cluster munitions have adopted national implementation legislation, but much work remains to be done in this area. Its disarmament provisions comprehensively prohibit the use, production, transfer, and stockpiling of cluster munitions, as well as assistance with any of these banned activities, and require that stockpiled cluster munitions be destroyed within eight years.
Convention on cluster munitions, ccm 77, 30 may 2008 excerpt. In may 2008, 107 states concluded an international treaty prohibiting these weapons. Accession cuba joins to the convention on cluster munitions on april 6, 2016 the convention enters into force for cuba on october 1, 2016 applicable laws. The convention on cluster munitions ccm is an international treaty that prohibits the use, transfer, and stockpiling of cluster bombs, a type of explosive weapon which scatters submunitions bomblets over an area.
The convention on cluster munitions prohibits all use, production, stockpiling, and transfer of cluster munitions. In 2008, the convention on cluster munitions was adopted by over 100 countries. An amendment to this convention shall enter into force for states parties that have accepted the amendment on the date of deposit of acceptances by a majority of the states which were parties at the date of adoption of the amendment. Cluster munitions are characterized as bombs or shells that consist of an outer. The act prohibits the use, development, production, acquisition, possession, import, export, as well as foreign movement for the purpose of transferring ownership and control of cluster munitions. The cluster munition coalition is an international civil society campaign working to eradicate cluster munitions, prevent further casualties from these weapons and put an end for all time to the suffering they cause. Convention on cluster munitions the issues monitor. Cluster munitions at a glance arms control association.
The coalition works through its members to change the policy and practice of governments and organisations towards these aims and raise awareness of the problem amongst the public. May 30, 2008 convention on cluster munitions, 30 may 2008 state parties 108 state signatories after decades of seeing civilians suffer with each new use of cluster munitions, and in the face of an inadequate response in other fora, norway launched the oslo process on cluster munitions in february 2007 by inviting governments supporting the. The strength of the treaty is largely due to the prohibition on cluster munitions as an entire category of weapons. Cluster munition remnants means failed cluster munitions, abandoned cluster munitions, unexploded submunitions and unexploded bomblets. The convention was adopted on 30 may 2008 in dublin, and was opened for signature on 3 december 2008 in oslo. It features comprehensive descriptions and illustrations of the types of cluster munitions in contaminated areas. Part ii of this paper introduces cluster munitions and the convention on cluster munitions. Cubas presentation the convention on cluster munitions.
Implementing the convention on cluster munitions human. The convention on cluster munitions ccm is an international treaty that prohibits the use. In addition, it establishes a framework for cooperation and assistance to ensure adequate assistance to survivors and their communities, clearance of contaminated areas. Each state party undertakes never under any circumstances to. Convention on cluster munitions e united nations office. This file is licensed under the creative commons attributionshare alike 4. Convention on cluster munitions arms control association. The convention on cluster munitions the ccm is the.
Transfer involves, in addition to the physical movement of cluster munitions into or from national territory, the transfer of title to and control over cluster munitions, but does not involve the. Under the terms of the convention, a number of responsibilities have. This act entered into force on 16 march 2015 and canada ratified the convention on cluster munitions that same day. This new edition of a guide to cluster munitions features updated information on the conventions key obligations such as stockpile destruction and cluster munitions clearance. A cluster munition is a form of airdropped or groundlaunched explosive weapon that releases or ejects smaller submunitions. Convention on cluster munitions international treaty. The convention was previously published as miscellaneous no. Convention text the convention on cluster munitions. The convention on cluster munitions and the evolution of international humanitarian law bonnie docherty abstract the 2008 convention on cluster munitions comprehensively bans a weapon that causes civilian casualties both during and after attacks. The convention on cluster munitions is a historic achievement.
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