Convention on Cluster Munitions

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Convention on

Cluster Munitions


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Convention on

Cluster Munitions

International Committee o the Red Cross

19, avenue de la Paix

1202 Geneva, Switzerland

T + 41 22 734 60 01 F + 41 22 733 20 57E-mail: [email protected]

www.icrc.org

ICRC, Se tember 2008 As Adopted, dublin, 30 MAy 2008


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Convention on Cluster Munitions

Table o contents

Foreword

Convention on Cluster Munitions 9

Article 1

General obligations and scope o application 13

Article 2

Denitions 14

Article 3Storage and stockpile destruction 17

Article 4

Clearance and destruction o cluster munition

remnants and risk reduction education 20

Article 5

Victim assistance 25

Article 6

International cooperation and assistance 26

Article 7

Transparency measures

Article 8

Facilitation and clarication o compliance 32

Article 9

National implementation measures 34

Article 10

Settlement o disputes 34

Article 11

Meetings o States Parties 35

Article 12

Review Conerences 36

Article 13

Amendments 37

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Convention on Cluster Munitions Convention on Cluster Munitions4 5

Article 14

Costs and administrative tasks 38

Article 15

Signature 38

Article 16

Ratication, acceptance, approval or accession 39

Article 17

Entry into orce 39

Article 18Provisional application 40

Article 19

Reservations 40

Article 20

Duration and withdrawal 40

Article 21

Relations with States not party to this Convention 41

Article 22

Depositary 42

Article 23

Authentic texts 42

Foreword

Ever since cluster munitions were rst used in the 1940s,

civilians have paid dearly or their unreliability and inaccuracy.

These weapons, delivered in massive numbers over vast areas,

have killed and injured thousands o civilians in war-torn coun-

tries, particularly in Asia, Europe and the Middle East.

For many years, the International Committee o the Red Cross(ICRC) has expressed its deep concern about cluster munitions.

In 2000, it called on States to stop using them and to urgently

negotiate a legally binding instrument to address the wide-

spread human suering caused by these weapons.

In view o the suering endured by civilians or decades each

time cluster munitions were used, and the lack o an adequate

response to this in other ora, Norway launched the Oslo Process

in February 2007. The process aimed at creating an international

treaty to prohibit cluster munitions that cause unacceptable

suering to civilians. The process was open to all States com-

mitted to urgently adopting such a treaty. Ater global ollow-up

conerences in Lima, Vienna and Wellington, and regional meet-ings in Arica, Asia, Europe and Latin America, the Convention on

Cluster Munitions was adopted on 30 May 2008 by a Diplomatic

Conerence in Dublin in which more than 100 States partici-

pated.

The ICRC warmly welcomes the adoption o this historic agree-

ment prohibiting the use, production, stockpiling and transer

o cluster munitions. The participating States have conrmed

that cluster munitions, which have caused so much loss in past


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Convention on Cluster Munitions Convention on Cluster Munitions

decades, are not only morally repugnant, but are now consid-

ered illegal. This achievement demonstrates that the world has

been moved by the suering o the victims o cluster munitions

and that the international community is capable o taking eec-

tive action to prevent urther suering.

The new international rules will have a major impact on the pro-

ducers and stockpilers involved in the Oslo Process. When imple-

mented, the Convention will prevent tremendous human su-ering by ensuring that tens o millions o cluster submunitions

are never used and are destroyed. It will provide direct benets

or communities through increased eorts to clear areas con-

taminated by cluster munitions, thus saving lives and returning

lands to agriculture and other productive use. It will also benet

victims o cluster munitions through increased commitment to

medical care, physical and socio-economic rehabilitation and

other support.

I am also condent that the Convention will result in cluster

munitions being stigmatized and that its impact will extend ar

beyond the participating States and the mere words it contains.

In time, the Convention will also have a positive inuence on thepolicies and practices o non-party States and armed groups.

By adopting this Convention, States have put in place the nal

plank in the international legal structure addressing the eects

o weapons that dont stop killing. With the Anti-Personnel

Mine Ban Convention, the Protocol on Explosive Remnants o

War, and the Convention on Cluster Munitions, we now have the

tools to prevent or remedy the oten tragic consequences or

civilians o all explosive munitions used in armed conict. We

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have also established a broader norm that those who engage

in armed conict can no longer walk away rom the long-term

consequences o the weapons they use, leaving local communi-

ties to carry the burden.

While the Convention on Cluster Munitions is a momentous step

orward, much more time and energy and ar more resources

will be needed to implement the new rules. States must ratiy

the Convention, and all governments, armed orces and armedgroups in particular those that possess and stockpile cluster

munitions must implement it.

The ICRC has produced a range o promotional material, includ-

ing this booklet containing the ull text o the Convention, to

urther the understanding, rapid ratication and aithul imple-

mentation o this important instrument o international human-

itarian law. ICRC delegations around the world and National Red

Cross and Red Crescent Societies will strive to ensure that the

promises o the Convention become realities on the ground in

the shortest possible time.

When the ICRC called again or urgent international actionon cluster munitions in October 2007, I reminded States that

opportunities to prevent untold human suering do not occur

oten. The Convention we now have represents just such an

opportunity. The ICRC urges all States to seize it.

Jakob Kellenberger

President, International Committee o the Red Cross

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Convention onCluster Munitions

The States Parties to this Convention,

Deeply concerned that civilian populations and individual

civilians continue to bear the brunt o armed conict,

Determinedto put an end or all time to the suering and casu-

alties caused by cluster munitions at the time o their use, when

they ail to unction as intended or when they are abandoned,

Concernedthat cluster munition remnants kill or maim civil-

ians, including women and children, obstruct economic and

social development, including through the loss o livelihood,

impede post-conict rehabilitation and reconstruction, delay or

prevent the return o reugees and internally displaced persons,

can negatively impact on national and international peace-

building and humanitarian assistance eorts, and have other

severe consequences that can persist or many years ater use,

Deeply concernedalso at the dangers presented by the large

national stockpiles o cluster munitions retained or operational

use and determinedto ensure their rapid destruction,

Believing it necessary to contribute eectively in an efcient,

coordinated manner to resolving the challenge o removing

cluster munition remnants located throughout the world, and

to ensure their destruction,

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Determined also to ensure the ull realisation o the rights

o all cluster munition victims and recognising their inherent

dignity,

Resolved to do their utmost in providing assistance to clus-

ter munition victims, including medical care, rehabilitation and

psychological support, as well as providing or their social and

economic inclusion,

Recognising the need to provide age- and gender-sensitive

assistance to cluster munition victims and to address the special

needs o vulnerable groups,

Bearing in mindthe Convention on the Rights o Persons with

Disabilities which, inter alia, requires that States Parties to that

Convention undertake to ensure and promote the ull realisa-

tion o all human rights and undamental reedoms o all per-

sons with disabilities without discrimination o any kind on the

basis o disability,

Mindulo the need to coordinate adequately eorts under-

taken in various ora to address the rights and needs o victimso various types o weapons, and resolved to avoid discrimina-

tion among victims o various types o weapons,

Reafrming that in cases not covered by this Convention or by

other international agreements, civilians and combatants remain

under the protection and authority o the principles o interna-

tional law, derived rom established custom, rom the principles

o humanity and rom the dictates o public conscience,

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Resolved also that armed groups distinct rom the armed

orces o a State shall not, under any circumstances, be permit-

ted to engage in any activity prohibited to a State Party to this

Convention,

Welcoming the very broad international support or the inter-

national norm prohibiting anti-personnel mines, enshrined in

the 1997 Convention on the Prohibition o the Use, Stockpiling,

Production and Transer o Anti-Personnel Mines and on TheirDestruction,

Welcoming also the adoption o the Protocol on Explosive

Remnants o War, annexed to the Convention on Prohibitions

or Restrictions on the Use o Certain Conventional Weapons

Which May be Deemed to be Excessively Injurious or to

Have Indiscriminate Eects, and its entry into orce on

12 November 2006, and wishing to enhance the protection o

civilians rom the eects o cluster munition remnants in post-

conict environments,

Bearing in mind also United Nations Security Council

Resolution 1325 on women, peace and security and UnitedNations Security Council Resolution 1612 on children in armed

conict,

Welcoming urther the steps taken nationally, regionally and

globally in recent years aimed at prohibiting, restricting or sus-

pending the use, stockpiling, production and transer o cluster

munitions,

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Stressing the role o public conscience in urthering the prin-

ciples o humanity as evidenced by the global call or an end to

civilian suering caused by cluster munitions and recognising

the eorts to that end undertaken by the United Nations, the

International Committee o the Red Cross, the Cluster Munition

Coalition and numerous other non-governmental organisations

around the world,

Reafrming the Declaration o the Oslo Conerence on ClusterMunitions, by which, inter alia, States recognised the grave con-

sequences caused by the use o cluster munitions and commit-

ted themselves to conclude by 2008 a legally binding instru-

ment that would prohibit the use, production, transer and

stockpiling o cluster munitions that cause unacceptable harm

to civilians, and would establish a ramework or cooperation

and assistance that ensures adequate provision o care and

rehabilitation or victims, clearance o contaminated areas, risk

reduction education and destruction o stockpiles,

Emphasising the desirability o attracting the adherence o

all States to this Convention, and determined to work strenu-

ously towards the promotion o its universalisation and its ullimplementation,

Basing themselves on the principles and rules o international

humanitarian law, in particular the principle that the right o par-

ties to an armed conict to choose methods or means o war-

are is not unlimited, and the rules that the parties to a conict

shall at all times distinguish between the civilian population and

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combatants and between civilian objects and military objectives

and accordingly direct their operations against military objec-

tives only, that in the conduct o military operations constant

care shall be taken to spare the civilian population, civilians and

civilian objects and that the civilian population and individual

civilians enjoy general protection against dangers arising rom

military operations,

HAVE AGREED as ollows:

Article 1

General obligations and scope o application

Each State Party undertakes never under any circum-1.

stances to:

Use cluster munitions;(a)

Develop, produce, otherwise acquire, stockpile, retain(b)

or transer to anyone, directly or indirectly, cluster

munitions;

Assist, encourage or induce anyone to engage in(c)

any activity prohibited to a State Party under thisConvention.

Paragraph 1 o this Article applies,2. mutatis mutandis, to

explosive bomblets that are specically designed to be

dispersed or released rom dispensers afxed to aircrat.

This Convention does not apply to mines.3.

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Article 2

Defnitions

For the purposes o this Convention:

Cluster munition victims1. means all persons who have

been killed or suered physical or psychological injury,

economic loss, social marginalisation or substantial

impairment o the realisation o their rights caused by

the use o cluster munitions. They include those personsdirectly impacted by cluster munitions as well as their

aected amilies and communities;

Cluster munition2. means a conventional munition that is

designed to disperse or release explosive submunitions

each weighing less than 20 k ilograms, and includes those

explosive submunitions. It does not mean the ollowing:

A munition or submunition designed to dispense(a)

ares, smoke, pyrotechnics or cha; or a munition

designed exclusively or an air deence role;

A munition or submunition designed to produce elec-(b)

trical or electronic eects;

A munition that, in order to avoid indiscriminate area(c) eects and the risks posed by unexploded submuni-

tions, has all o the ollowing characteristics:

Each munition contains ewer than ten explosive(i)

submunitions;

Each explosive submunition weighs more than(ii)

our kilograms;

Each explosive submunition is designed to detect(iii)

and engage a single target object;

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Each explosive submunition is equipped with an(iv)

electronic sel-destruction mechanism;

Each explosive submunition is equipped with an(v)

electronic sel-deactivating eature;

Explosive submunition3. means a conventional munition

that in order to perorm its task is dispersed or released

by a cluster munition and is designed to unction by deto-

nating an explosive charge prior to, on or ater impact;

Failed cluster munition4. means a cluster munition that

has been red, dropped, launched, projected or otherwise

delivered and which should have dispersed or released its

explosive submunitions but ailed to do so;

Unexploded submunition5. means an explosive submu-

nition that has been dispersed or released by, or other-

wise separated rom, a cluster munition and has ailed to

explode as intended;

Abandoned cluster munitions6. means cluster muni-

tions or explosive submunitions that have not been used

and that have been let behind or dumped, and that are

no longer under the control o the party that let them

behind or dumped them. They may or may not have beenprepared or use;

Cluster munition remnants7. means ailed cluster muni-

tions, abandoned cluster munitions, unexploded submu-

nitions and unexploded bomblets;

Transfer8. involves, in addition to the physical movement

o cluster munitions into or rom national territory, the

transer o title to and control over cluster munitions, but

does not involve the transer o territory containing clus-

ter munition remnants;

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Self-destruction mechanism9. means an incorporated

automatically-unctioning mechanism which is in addi-

tion to the primary initiating mechanism o the munition

and which secures the destruction o the munition into

which it is incorporated;

Self-deactivating10. means automatically rendering a

munition inoperable by means o the irreversible exhaus-

tion o a component, or example a battery, that is essen-

tial to the operation o the munition;

Cluster munition contaminated area11. means an

area known or suspected to contain cluster munition

remnants;

Mine12. means a munition designed to be placed under,

on or near the ground or other surace area and to be

exploded by the presence, proximity or contact o a per-

son or a vehicle;

Explosive bomblet13. means a conventional munition,

weighing less than 20 kilograms, which is not sel-pro-

pelled and which, in order to perorm its task, is dispersed

or released by a dispenser, and is designed to unction

by detonating an explosive charge prior to, on or aterimpact;

Dispenser14. means a container that is designed to dis-

perse or release explosive bomblets and which is afxed

to an aircrat at the time o dispersal or release;

Unexploded bomblet15. means an explosive bomblet that

has been dispersed, released or otherwise separated rom

a dispenser and has ailed to explode as intended.

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Article 3

Storage and stockpile destruction

Each State Party shall, in accordance with national regula-1.

tions, separate all cluster munitions under its jurisdiction

and control rom munitions retained or operational use

and mark them or the purpose o destruction.

Each State Party undertakes to destroy or ensure the2.

destruction o all cluster munitions reerred to in para-graph 1 o this Article as soon as possible but not later than

eight years ater the entry into orce o this Convention

or that State Party. Each State Party undertakes to ensure

that destruction methods comply with applicable inter-

national standards or protecting public health and the

environment.

I a State Party believes that it will be unable to destroy3.

or ensure the destruction o all cluster munitions reerred

to in paragraph 1 o this Article within eight years o

entry into orce o this Convention or that State Party it

may submit a request to a Meeting o States Parties or a

Review Conerence or an extension o the deadline or

completing the destruction o such cluster munitions bya period o up to our years. A State Party may, in excep-

tional circumstances, request additional extensions o up

to our years. The requested extensions shall not exceed

the number o years strictly necessary or that State Party

to complete its obligations under paragraph 2 o this

Article.

Each request or an extension shall set out:4.

The duration o the proposed extension;(a)

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A detailed explanation o the proposed extension,(b)

including the nancial and technical means available

to or required by the State Party or the destruction

o all cluster munitions reerred to in paragraph 1 o

this Article and, where applicable, the exceptional cir-

cumstances justiying it;

A plan or how and when stockpile destruction will be(c)

completed;

The quantity and type o cluster munitions and explo-(d) sive submunitions held at the entry into orce o this

Convention or that State Party and any additional

cluster munitions or explosive submunitions discov-

ered ater such entry into orce;

The quantity and type o cluster munitions and(e)

explosive submunitions destroyed during the period

reerred to in paragraph 2 o this Article; and

The quantity and type o cluster munitions and explo-( )

sive submunitions remaining to be destroyed during

the proposed extension and the annual destruction

rate expected to be achieved.

The Meeting o States Parties or the Review Conerence5.

shall, taking into consideration the actors reerred to inparagraph 4 o this Article, assess the request and decide

by a majority o votes o States Parties present and vot-

ing whether to grant the request or an extension. The

States Parties may decide to grant a shorter extension

than that requested and may propose benchmarks or

the extension, as appropriate. A request or an extension

shall be submitted a minimum o nine months prior to

the Meeting o States Parties or the Review Conerence at

which it is to be considered.

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Notwithstanding the provisions o Article 1 o this6.

Convention, the retention or acquisition o a limited num-

ber o cluster munitions and explosive submunitions or

the development o and training in cluster munition and

explosive submunition detection, clearance or destruc-

tion techniques, or or the development o cluster muni-

tion counter-measures, is permitted. The amount o explo-

sive submunitions retained or acquired shall not exceed

the minimum number absolutely necessary or these

purposes.


Convention, the transer o cluster munitions to another

State Party or the purpose o destruction, as well as or

the purposes described in paragraph 6 o this Article, is

permitted.

States Parties retaining, acquiring or transerring cluster8.

munitions or explosive submunitions or the purposes

described in paragraphs 6 and 7 o this Article shall sub-

mit a detailed report on the planned and actual use o

these cluster munitions and explosive submunitions and

their type, quantity and lot numbers. I cluster munitions

or explosive submunitions are transerred to another

State Party or these purposes, the report shall include re-

erence to the receiving party. Such a report shall be pre-

pared or each year during which a State Party retained,

acquired or transerred cluster munitions or explosive

submunitions and shall be submitted to the Secretary-

General o the United Nations no later than 30 April o the

ollowing year.

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Article 4

Clearance and destruction o cluster munition

remnants and risk reduction education

Each State Party undertakes to clear and destroy, or1.

ensure the clearance and destruction o, cluster munition

remnants located in cluster munition contaminated areas

under its jurisdiction or control, as ollows:

Where cluster munition remnants are located in areas(a)under its jurisdiction or control at the date o entry

into orce o this Convention or that State Party, such

clearance and destruction shall be completed as soon

as possible but not later than ten years rom that

date;

Where, ater entry into orce o this Convention or that(b)

State Party, cluster munitions have become cluster

munition remnants located in areas under its jurisdic-

tion or control, such clearance and destruction must

be completed as soon as possible but not later than

ten years ater the end o the active hostilities during

which such cluster munitions became cluster muni-

tion remnants; and

Upon ullling either o its obligations set out in sub-(c)

paragraphs (a) and (b) o this paragraph, that State

Party shall make a declaration o compliance to the

next Meeting o States Parties.

In ullling its obligations under paragraph 1 o this2.

Article, each State Party shall take the ollowing measures

as soon as possible, taking into consideration the provi-

sions o Article 6 o this Convention regarding interna-

tional cooperation and assistance:

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Survey, assess and record the threat posed by cluster(a)

munition remnants, making every eort to identiy all

cluster munition contaminated areas under its juris-

diction or control;

Assess and prioritise needs in terms o marking,(b)

protection o civilians, clearance and destruction,

and take steps to mobilise resources and develop a

national plan to carry out these activities, building,

where appropriate, upon existing structures, experi-

ences and methodologies;

Take all easible steps to ensure that all cluster muni-(c)

tion contaminated areas under its jurisdiction or con-

trol are perimeter-marked, monitored and protected

by encing or other means to ensure the eective

exclusion o civilians. Warning signs based on meth-

ods o marking readily recognisable by the aected

community should be utilised in the marking o sus-

pected hazardous areas. Signs and other hazardous

area boundary markers should, as ar as possible, be

visible, legible, durable and resistant to environmen-

tal eects and should clearly identiy which side o

the marked boundary is considered to be within the

cluster munition contaminated areas and which sideis considered to be sae;

Clear and destroy all cluster munition remnants(d)

located in areas under its jurisdiction or control; and

Conduct risk reduction education to ensure aware-(e)

ness among civilians living in or around cluster muni-

tion contaminated areas o the risks posed by such

remnants.

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In conducting the activities reerred to in paragraph 23.

o this Article, each State Party shall take into account

international standards, including the International Mine

Action Standards (IMAS).

This paragraph shall apply in cases in which cluster muni-4.

tions have been used or abandoned by one State Party

prior to entry into orce o this Convention or that State

Party and have become cluster munition remnants that

are located in areas under the jurisdiction or control oanother State Party at the time o entry into orce o this

Convention or the latter.

In such cases, upon entry into orce o this Convention(a)

or both States Parties, the ormer State Party is

strongly encouraged to provide, inter alia, techni-

cal, nancial, material or human resources assistance

to the latter State Party, either bilaterally or through

a mutually agreed third party, including through the

United Nations system or other relevant organisations,

to acilitate the marking, clearance and destruction o

such cluster munition remnants.

Such assistance shall include, where available, inorma-(b)

tion on types and quantities o the cluster munitions

used, precise locations o cluster munition strikes and

areas in which cluster munition remnants are known

to be located.

I a State Party believes that it will be unable to clear and5.

destroy or ensure the clearance and destruction o all

cluster munition remnants reerred to in paragraph 1 o

this Article within ten years o the entry into orce o this

Convention or that State Party, it may submit a request

to a Meeting o States Parties or a Review Conerence or

an extension o the deadline or completing the clearance

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and destruction o such cluster munition remnants by a

period o up to ve years. The requested extension shall

not exceed the number o years strictly necessary or that

State Party to complete its obligations under paragraph 1

o this Article.

A request or an extension shall be submitted to a6.

Meeting o States Parties or a Review Conerence prior to

the expiry o the time period reerred to in paragraph 1 o

this Article or that State Party. Each request shall be sub-mitted a minimum o nine months prior to the Meeting

o States Parties or Review Conerence at which it is to be

considered. Each request shall set out:

The duration o the proposed extension;(a)

A detailed explanation o the reasons or the pro-(b)

posed extension, including the nancial and technical

means available to and required by the State Party or

the clearance and destruction o all cluster munition

remnants during the proposed extension;

The preparation o uture work and the status o work(c)

already conducted under national clearance and

demining programmes during the initial ten-year

period reerred to in paragraph 1 o this Article andany subsequent extensions;

The total area containing cluster munition remnants(d)

at the time o entry into orce o this Convention or

that State Party and any additional areas containing

cluster munition remnants discovered ater such entry

into orce;

The total area containing cluster munition remnants(e)

cleared since entry into orce o this Convention;

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The total area containing cluster munition rem-( )

nants remaining to be cleared during the proposed

extension;

The circumstances that have impeded the ability o(g)

the State Party to destroy all cluster munition rem-

nants located in areas under its jurisdiction or control

during the initial ten-year period reerred to in para-

graph 1 o this Article, and those that may impede this

ability during the proposed extension;

The humanitarian, social, economic and environmen-(h)

tal implications o the proposed extension; and

Any other inormation relevant to the request or the(i)

proposed extension.

The Meeting o States Parties or the Review Conerence7.

shall, taking into consideration the actors reerred to in

paragraph 6 o this Article, including, inter alia, the quan-

tities o cluster munition remnants reported, assess the

request and decide by a majority o votes o States Parties

present and voting whether to grant the request or an

extension. The States Parties may decide to grant a shorter

extension than that requested and may propose bench-

marks or the extension, as appropriate.

Such an extension may be renewed by a period o up8.

to ve years upon the submission o a new request, in

accordance with paragraphs 5, 6 and 7 o this Article. In

requesting a urther extension a State Party shall submit

relevant additional inormation on what has been under-

taken during the previous extension granted pursuant to

this Article.

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Article 5

Victim assistance

Each State Party with respect to cluster munition victims in1.

areas under its jurisdiction or control shall, in accordance

with applicable international humanitarian and human

rights law, adequately provide age- and gender-sensitive

assistance, including medical care, rehabilitation and psy-

chological support, as well as provide or their social and

economic inclusion. Each State Party shall make everyeort to collect reliable relevant data with respect to clus-

ter munition victims.

In ullling its obligations under paragraph 1 o this Article2.

each State Party shall:

Assess the needs o cluster munition victims;(a)

Develop, implement and enorce any necessary(b)

national laws and policies;

Develop a national plan and budget, including time-(c)

rames to carry out these activities, with a view to

incorporating them within the existing national dis-

ability, development and human rights rameworks

and mechanisms, while respecting the specic roleand contribution o relevant actors;

Take steps to mobilise national and international(d)

resources;

Not discriminate against or among cluster munition(e)

victims, or between cluster munition victims and those

who have suered injuries or disabilities rom other

causes; dierences in treatment should be based only

on medical, rehabilitative, psychological or socio-eco-

nomic needs;

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26 Convention on Cluster Munitions Convention on Cluster Munitions

In addition to any obligations it may have pursuant to4.

paragraph 4 o Article 4 o this Convention, each State

Party in a position to do so shall provide assistance or

clearance and destruction o cluster munition remnants

and inormation concerning various means and technol-

ogies related to clearance o cluster munitions, as well

as lists o experts, expert agencies or national points o

contact on clearance and destruction o cluster munition

remnants and related activities.

Each State Party in a position to do so shall provide assis-5.

tance or the destruction o stockpiled cluster munitions,

and shall also provide assistance to identiy, assess and

prioritise needs and practical measures in terms o mark-

ing, risk reduction education, protection o civilians and

clearance and destruction as provided in Article 4 o this

Convention.

Where, ater entry into orce o this Convention, clus-6.

ter munitions have become cluster munition remnants

located in areas under the jurisdiction or control o a State

Party, each State Party in a position to do so shall urgently

provide emergency assistance to the aected State Party.

Each State Party in a position to do so shall provide assis-7.tance or the implementation o the obligations reerred

to in Article 5 o this Convention to adequately provide

age- and gender-sensitive assistance, including medical

care, rehabilitation and psychological support, as well as

provide or social and economic inclusion o cluster muni-

tion victims. Such assistance may be provided, inter alia,

through the United Nations system, international, regional

or national organisations or institutions, the International

Committee o the Red Cross, national Red Cross and Red

27

Closely consult with and actively involve cluster muni-( )

tion victims and their representative organisations;

Designate a ocal point within the government or(g)

coordination o matters relating to the implementa-

tion o this Article; and

Strive to incorporate relevant guidelines and good(h)

practices including in the areas o medical care, reha-

bilitation and psychological support, as well as social

and economic inclusion.

Article 6

International cooperation and assistance

In ullling its obligations under this Convention each1.

State Party has the right to seek and receive assistance.

Each State Party in a position to do so shall provide tech-2.

nical, material and nancial assistance to States Parties

aected by cluster munitions, aimed at the implementa-

tion o the obligations o this Convention. Such assistance

may be provided, inter alia, through the United Nations

system, international, regional or national organisations

or institutions, non-governmental organisations or insti-

tutions, or on a bilateral basis.

Each State Party undertakes to acilitate and shall have3.

the right to participate in the ullest possible exchange o

equipment and scientic and technological inormation

concerning the implementation o this Convention. The

States Parties shall not impose undue restrictions on the

provision and receipt o clearance and other such equip-

ment and related technological inormation or humani-

tarian purposes.


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Crescent Societies and their International Federation,

non-governmental organisations or on a bilateral basis.

Each State Party in a position to do so shall provide assis-8.

tance to contribute to the economic and social recovery

needed as a result o cluster munition use in aected

States Parties.

Each State Party in a position to do so may contribute to9.

relevant trust unds in order to acilitate the provision o

assistance under this Article.

Each State Party that seeks and receives assistance shall10.

take all appropriate measures in order to acilitate the

timely and eective implementation o this Convention,

including acilitation o the entry and exit o personnel,

materiel and equipment, in a manner consistent with

national laws and regulations, taking into consideration

international best practices.

Each State Party may, with the purpose o developing a11.

national action plan, request the United Nations system,

regional organisations, other States Parties or other com-

petent intergovernmental or non-governmental institu-

tions to assist its authorities to determine, inter alia: The nature and extent o cluster munition remnants(a)

located in areas under its jurisdiction or control;

The nancial, technological and human resources(b)

required or the implementation o the plan;

The time estimated as necessary to clear and destroy(c)

all cluster munition remnants located in areas under

its jurisdiction or control;

Risk reduction education programmes and awareness(d)

28

activities to reduce the incidence o injuries or deaths

caused by cluster munition remnants;

Assistance to cluster munition victims; and(e)

The coordination relationship between the govern-( )

ment o the State Party concerned and the relevant

governmental, intergovernmental or non-governmen-

tal entities that will work in the implementation o the

plan.

States Parties giving and receiving assistance under the12.

provisions o this Article shall cooperate with a view to

ensuring the ull and prompt implementation o agreed

assistance programmes.

Article 7

Transparency measures

Each State Party shall report to the Secretary-General1.

o the United Nations as soon as practicable, and in any

event not later than 180 days ater the entry into orce o

this Convention or that State Party, on:

The national implementation measures reerred to in(a)Article 9 o this Convention;

The total o all cluster munitions, including explosive(b)

submunitions, reerred to in paragraph 1 o Article 3 o

this Convention, to include a breakdown o their type,

quantity and, i possible, lot numbers o each type;

The technical characteristics o each type o clus-(c)

ter munition produced by that State Party prior to

entry into orce o this Convention or it, to the extent

known, and those currently owned or possessed by it,

giving, where reasonably possible, such categories o

29


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inormation as may acilitate identication and clear-

ance o cluster munitions; at a minimum, this inorma-

tion shall include the dimensions, using, explosive

content, metallic content, colour photographs and

other inormation that may acilitate the clearance o

cluster munition remnants;

The status and progress o programmes or the con-(d)

version or decommissioning o production acilities

or cluster munitions;

The status and progress o programmes or the destruc-(e)

tion, in accordance with Article 3 o this Convention,

o cluster munitions, including explosive submuni-

tions, with details o the methods that will be used in

destruction, the location o all destruction sites and

the applicable saety and environmental standards to

be observed;

The types and quantities o cluster munitions, includ-( )

ing explosive submunitions, destroyed in accordance

with Article 3 o this Convention, including details o

the methods o destruction used, the location o the

destruction sites and the applicable saety and envi-

ronmental standards observed;

Stockpiles o cluster munitions, including explosive(g)

submunitions, discovered ater reported completion

o the programme reerred to in sub-paragraph (e)

o this paragraph, and plans or their destruction in

accordance with Article 3 o this Convention;

To the extent possible, the size and location o all(h)

cluster munition contaminated areas under its juris-

diction or control, to include as much detail as pos-

sible regarding the type and quantity o each type o

cluster munition remnant in each such area and when

they were used;

30

The status and progress o programmes or the clear-(i)

ance and destruction o all types and quantities o

cluster munition remnants cleared and destroyed

in accordance with Article 4 o this Convention, to

include the size and location o the cluster munition

contaminated area cleared and a breakdown o the

quantity o each type o cluster munition remnant

cleared and destroyed;

The measures taken to provide risk reduction edu-(j)

cation and, in particular, an immediate and eective

warning to civilians living in cluster munition contami-

nated areas under its jurisdiction or control;

The status and progress o implementation o its obli-(k)

gations under Article 5 o this Convention to ade-

quately provide age- and gender-sensitive assistance,

including medical care, rehabilitation and psychologi-

cal support, as well as provide or social and economic

inclusion o cluster munition victims and to collect

reliable relevant data with respect to cluster munition

victims;

The name and contact details o the institutions man-(l)

dated to provide inormation and to carry out the

measures described in this paragraph;

The amount o national resources, including nancial,(m)

material or in kind, allocated to the implementation o

Articles 3, 4 and 5 o this Convention; and

The amounts, types and destinations o international(n)

cooperation and assistance provided under Article 6

o this Convention.

The inormation provided in accordance with paragraph 12.

o this Article shall be updated by the States Parties annu-

ally, covering the previous calendar year, and reported to

31


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Article 9

National implementation measures

Each State Party shall take all appropriate legal, administrative

and other measures to implement this Convention, including

the imposition o penal sanctions to prevent and suppress

any activity prohibited to a State Party under this Convention

undertaken by persons or on territory under its jurisdiction or

control.

Article 10

Settlement o disputes

When a dispute arises between two or more States1.

Parties relating to the interpretation or application o

this Convention, the States Parties concerned shall con-

sult together with a view to the expeditious settlement o

the dispute by negotiation or by other peaceul means o

their choice, including recourse to the Meeting o States

Parties and reerral to the International Court o Justice in

conormity with the Statute o the Court.

The Meeting o States Parties may contribute to the settle-2.ment o the dispute by whatever means it deems appro-

priate, including oering its good ofces, calling upon the

States Parties concerned to start the settlement proce-

dure o their choice and recommending a time-limit or

any agreed procedure.

34

Article 11

Meetings o States Parties

The States Parties shall meet regularly in order to consider1.

and, where necessary, take decisions in respect o any

matter with regard to the application or implementation

o this Convention, including:

The operation and status o this Convention;(a)

Matters arising rom the reports submitted under the(b)provisions o this Convention;

International cooperation and assistance in accor-(c)

dance with Article 6 o this Convention;

The development o technologies to clear cluster(d)

munition remnants;

Submissions o States Parties under Articles 8 and 10(e)

o this Convention; and

Submissions o States Parties as provided or in Articles( )

3 and 4 o this Convention.

The rst Meeting o States Parties shall be convened by2.

the Secretary-General o the United Nations within one

year o entry into orce o this Convention. The subse-quent meetings shall be convened by the Secretary-

General o the United Nations annually until the rst

Review Conerence.

States not party to this Convention, as well as the United3.

Nations, other relevant international organisations or

institutions, regional organisations, the International

Committee o the Red Cross, the International Federation

35


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o Red Cross and Red Crescent Societies and relevant non-

governmental organisations may be invited to attend these

meetings as observers in accordance with the agreed rules

o procedure.

Article 12

Review Conerences

A Review Conerence shall be convened by the Secretary-1.General o the United Nations ve years ater the entry

into orce o this Convention. Further Review Conerences

shall be convened by the Secretary-General o the United

Nations i so requested by one or more States Parties, pro-

vided that the interval between Review Conerences shall

in no case be less than ve years. All States Parties to this

Convention shall be invited to each Review Conerence.

The purpose o the Review Conerence shall be:2.

To review the operation and status o this Convention;(a)

To consider the need or and the interval between(b)

urther Meetings o States Parties reerred to in para-

graph 2 o Article 11 o this Convention; and

To take decisions on submissions o States Parties as(c)

provided or in Articles 3 and 4 o this Convention.






governmental organisations may be invited to attend

each Review Conerence as observers in accordance with

the agreed rules o procedure.

36

Article 13

Amendments

At any time ater its entry into orce any State Party may1.

propose amendments to this Convention. Any proposal or

an amendment shall be communicated to the Secretary-

General o the United Nations, who shall circulate it to all

States Parties and shall seek their views on whether an

Amendment Conerence should be convened to consider

the proposal. I a majority o the States Parties notiy theSecretary-General o the United Nations no later than 90

days ater its circulation that they support urther con-

sideration o the proposal, the Secretary-General o the

United Nations shall convene an Amendment Conerence

to which all States Parties shall be invited.






governmental organisations may be invited to attend

each Amendment Conerence as observers in accordance

with the agreed rules o procedure.

The Amendment Conerence shall be held immedi-3.

ately ollowing a Meeting o States Parties or a Review

Conerence unless a majority o the States Parties request

that it be held earlier.

Any amendment to this Convention shall be adopted by4.

a majority o two-thirds o the States Parties present and

voting at the Amendment Conerence. The Depositary

shall communicate any amendment so adopted to all

States.

37


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An amendment to this Convention shall enter into orce5.

or States Parties that have accepted the amendment on

the date o deposit o acceptances by a majority o the

States which were Parties at the date o adoption o the

amendment. Thereater it shall enter into orce or any

remaining State Party on the date o deposit o its instru-

ment o acceptance.

Article 14Costs and administrative tasks

The costs o the Meetings o States Parties, the Review1.

Conerences and the Amendment Conerences shall

be borne by the States Parties and States not party to

this Convention participating therein, in accordance

with the United Nations scale o assessment adjusted

appropriately.

The costs incurred by the Secretary-General o the United2.

Nations under Articles 7 and 8 o this Convention shall be

borne by the States Parties in accordance with the United

Nations scale o assessment adjusted appropriately.

The perormance by the Secretary-General o the United3.

Nations o administrative tasks assigned to him or her

under this Convention is subject to an appropriate United

Nations mandate.

38

Article 15

Signature

This Convention, done at Dublin on 30 May 2008, shall be open

or signature at Oslo by all States on 3 December 2008 and

thereater at United Nations Headquarters in New York until its

entry into orce.

Article 16Ratifcation, acceptance, approval or accession

This Convention is subject to ratication, acceptance or1.

approval by the Signatories.

It shall be open or accession by any State that has not2.

signed the Convention.

The instruments o ratication, acceptance, approval or3.

accession shall be deposited with the Depositary.

Article 17

Entry into orce This Convention shall enter into orce on the rst day o1.

the sixth month ater the month in which the thirtieth

instrument o ratication, acceptance, approval or acces-

sion has been deposited.

39


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For any State that deposits its instrument o ratication,2.

acceptance, approval or accession ater the date o the

deposit o the thirtieth instrument o ratication, accep-

tance, approval or accession, this Convention shall enter

into orce on the rst day o the sixth month ater the date

on which that State has deposited its instrument o rati-

cation, acceptance, approval or accession.

Article 18Provisional application

Any State may, at the time o its ratication, acceptance,

approval or accession, declare that it will apply provisionally

Article 1 o this Convention pending its entry into orce or that

State.

Article 19

Reservations

The Articles o this Convention shall not be subject to

reservations.

Article 20

Duration and withdrawal

This Convention shall be o unlimited duration.1.

Each State Party shall, in exercising its national sovereignty,2.

have the right to withdraw rom this Convention. It shall

give notice o such withdrawal to all other States Parties,

to the Depositary and to the United Nations Security

40

Council. Such instrument o withdrawal shall include a ull

explanation o the reasons motivating withdrawal.

Such withdrawal shall only take eect six months ater the3.

receipt o the instrument o withdrawal by the Depositary.

I, however, on the expiry o that six-month period, the

withdrawing State Party is engaged in an armed conict,

the withdrawal shall not take eect beore the end o the

armed conict.

Article 21

Relations with States not party to this

Convention

Each State Party shall encourage States not party to this1.

Convention to ratiy, accept, approve or accede to this

Convention, with the goal o attracting the adherence o

all States to this Convention.

Each State Party shall notiy the governments o all States2.

not party to this Convention, reerred to in paragraph 3 o

this Article, o its obligations under this Convention, shall

promote the norms it establishes and shall make its besteorts to discourage States not party to this Convention

rom using cluster munitions.


Convention and in accordance with international law,

States Parties, their military personnel or nationals, may

engage in military cooperation and operations with States

not party to this Convention that might engage in activi-

ties prohibited to a State Party.

41


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Nothing in paragraph 3 o this Article shall authorise a4.

State Party:

To develop, produce or otherwise acquire cluster(a)

munitions;

To itsel stockpile or transer cluster munitions;(b)

To itsel use cluster munitions; or(c)

To expressly request the use o cluster munitions in(d)

cases where the choice o munitions used is within its

exclusive control.

Article 22

Depositary

The Secretary-General o the United Nations is hereby desig-

nated as the Depositary o this Convention.

Article 23

Authentic texts

The Arabic, Chinese, English, French, Russian and Spanish texts

o this Convention shall be equally authentic.

42


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MISSION

The International Committee o the Red Cross (ICRC) is an

impartial, neutral and independent organization whose

exclusively humanitarian mission is to protect the lives anddignity o victims o armed conict and other situations o

violence and to provide them with assistance.

The ICRC also endeavours to prevent suering by promotingand strengthening humanitarian law and universal

humanitarian principles.

Established in 1863, the ICRC is at the origin o theGeneva Conventions and the International Red Cross and

Red Crescent Movement. It directs and coordinates the

international activities conducted by the Movement in

armed conicts and other situations o violence.


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The Convention on Cluster Munitions is an

important treaty o international humanitarian law.

It prohibits the use, production, stockpiling and

transer o cluster munitions. It also commits States

to clearing contaminated areas, destroying their

stockpiles and helping cluster munition victims.

When widely adhered to and implemented, this

treaty will go ar towards ending the suering

caused by cluster munitions and help ensure that

such weapons are not used in the uture.

This publication contains the text o the Convention

adopted on 30 May 2008 by the Dublin Diplomatic

Conerence on Cluster Munitions. It is intended to

promote understanding o the Conventions rules

and to acilitate its ratication and implementation

by governments.

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09.2

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Documents

Convention on Cluster Munitions