It entered into force on 1 august 2010, six months after it was ratified by 30 states. Cluster munitions, often called cluster bombs, are weapons made up of a hollow shell which contain smaller bombs called submunitions. The convention on cluster munitions a commentary edited by nystuen, gro. The use of cluster munitions, which are bombs that each disperse up to several hundred of submunitions over an area of two football pitches, exploding. Adopted on 30 may 2008 during a diplomatic conference held in dublin, it was the culmination of a process begun in oslo in february 2007, following the failure of the convention. The convention on cluster munitions prohibits all use, production, stockpiling, and transfer of cluster munitions. Convention on cluster munitions international treaty. These weapons have killed or injured tens of thousands of civilians in waraffected countries. Convention sur les armes a sousmunitions kohbehuidi no kaccethbim 60enphnacam convenci6n sobre municiones en racimo. This chapter explains the grave humanitarian concerns that cluster munitions have aroused and traces the processes that culminated in legal action taken to address this concern.
It opened for signature on 3 december 2008, and entered into force on 1 august 2010. Cluster munitions at a glance arms control association. The convention on cluster munitions is a humanitarian imperativedriven legal instrument which prohibits all use, production, transfer and stockpiling of cluster munitions. The convention on cluster munitions book depository. Under the terms of the convention, a number of responsibilities have. 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. In may 2008, more than 100 states adopted the convention on cluster munitions, which prohibits the use, development, production, stockpiling and transfer of such munitions. The strength of the treaty is largely due to the prohibition on cluster munitions as an entire category of weapons. The european convention on human rights can now be invoked by 800 million people across 46 member states.
The time limits having elapsed, the conventions and the protocols are no longer open for signature. Commercial for the convention on cluster munitions. Cluster munitions have been a persistent problem for decades. In addition, it establishes a framework for cooperation and assistance to ensure adequate assistance to survivors and their communities, clearance of contaminated areas. The convention on cluster munitions ccm is an international treaty that prohibits the use. The commentary goes systematically through the convention article by article, explaining the purpose of each provision, its background and negotiation, and the meaning of each paragraph and subparagraph.
Online resources the convention on cluster munitions. Stanford libraries official online search tool for books, media, journals, databases, government documents and more. The convention on cluster munitions was concluded by the dublin diplomatic conference on cluster munitions at dublin on 30 may 2008. Cluster munitions are characterized as bombs or shells that consist of an outer casing that houses dozens, or even hundreds, of smaller submunitions. 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 book describes what cluster munitions are, when and where they have been used, and what steps states parties will need to consider in order to implement the treatys provisions.
The 2008 convention on cluster munitions is a legally binding international treaty that provides the only international framework for eradicating these weapons. Here comes the convention on cluster munitions opinio juris. To date 121 states have joined the convention, of which 108 are states parties and the remaining are signatories that have yet to ratify. The convention on cluster munitions ccm prohibits the use, possession, production and transfer of cluster munitions and requires the destruction of existing stocks. It established new legal norms on the production, stockpiling, and use of cluster munitions cms, and is admirably comprehensive in terms of protection, obliging states parties to. The convention on cluster munitions oxford university press. The negotiators rejected proposals for broad exceptions from the ban and for a transition period during which cluster munitions could still be. How they work and the function they serve cluster munitions target an area rather than a single point. Convention on cluster munitions arms control association.
The convention was formally endorsed on 30 may 2008. In a 60 second commercial, raise awareness about banning cluster munitions. Treaty status the treaty cluster munition coalition cmc. 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. Convention on cluster munitions the issues monitor. Protecting civilians through the convention on cluster. In 2008, the convention on cluster munitions was adopted by over 100 countries. The convention was adopted on 30 may 2008 in dublin, and was opened for signature on 3 december 2008 in oslo. Treaties, states parties, and commentaries convention on. The use of cluster munitions, which are bombs that each disperse up to several hundred of submunitions over an area of two football pitches, exploding indiscriminately, will be banned in august 2010. The united states should not join the convention on.
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. International cooperation and assistance, in the convention on cluster munitions. The 2008 convention on cluster munitions prohibits the use, production, stockpiling and transfer of cluster munitions and requires states to ensure that they claim no further victims. Apparently, this treaty was spearheaded by new zealand and has been. 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 criminal law, as well as in relation to the recently adopted convention on cluster munitions ccm. The process that led to the adoption of this convention and the. The treaty, which was signed back in 2008, set 30 as the number of nations needed for it to go into effect it will now become active on august 1, 2010. Implementing the convention on cluster munitions 3 the ban advocates. States parties and signatories by region the convention. States parties retaining, acquiring or transferring cluster munitions or explosive submunitions for the purposes described in paragraphs 6 and 7 of this article shall submit a detailed report on the planned and actual use of.
Implementing the convention on cluster munitions human. However, a signature is not binding on a state unless it has been endorsed by ratification. The commentary goes systematically through the convention article by article, explaining the purpose of each provision, its background and negotiation. Cluster munitions international committee of the red cross. Convention text the convention on cluster munitions. Form c cluster munitions retained or transferred article 3. This commentary on the convention on cluster munitions is a detailed assessment of the negotiation, content, and implications of the convention, which is the latest treaty to ban a conventional weapon.
The convention is the result of the osloprocess, a diplomatic process that included states, civil society, the international committee of the red cross as well as the united nations. Convention on cluster munitions wikisource, the free. A commentary, oxford university press, oxford, 2010. 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. Following up on the progress made at the lima conference may 2007, the viena. It is the most developed and successful system of international legal protection for fundamental human rights in existence. Oxford commentaries on international law analyses of specific provisions of treaties address their drafting history as well as subsequent state practice and case law. This type of ordnance, which can be delivered by several means,18 consists of a container that releases submunitions, or bomblets, while. Donation of royalties to the icrc special fund for the disabled. 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. The convention on cluster munitions ccm is a remarkable achievement on disarmament, which is a particularly contentious area of international law. The convention on cluster munitions is a historic achievement. The convention on cluster munitions is a misbegotten treaty that neither advances the laws of war nor enhances security. Caseymaslen, stuart 21st october 2010 preliminary material.
Cluster munitions kill and injure large numbers of civilians and cause long lasting socioeconomic problems. This commentary on the convention on cluster munitions is a detailed assessment of the negotiation, content, and implications of the convention, which is the latest treaty to ban a conventional weapon the treaty, which will enter into force as binding international law on 1 august 2010, bans the production, stockpiling, transfer, and use of all cluster munitions. Convention on cluster munitions where global solutions. The principles of international treaty interpretation. The convention on cluster munitions was signed by 94 countries at the oslo signing conference in december 2008, and entered into force on august 1, 2010, after 30 states ratified it by february 16, 2010. As of february 2020, 108 states have signed the treaty and 108 have ratified it or acceded to it.
Pdf the united nations convention on the rights of. In november 2010, the first meeting of states parties to the convention on cluster munitions 1msp took place in vientiane, lao pdr. The convention on cluster munitions is an international treaty that restricts the use of cluster bombs, a type of weapon in which a primary munition scatters many submunitions bomblets. They are dropped from the air or fired from the ground and are designed to break open in midair, releasing the submunitions and saturating an area that can be as wide as several. The convention on cluster munitions is an international treaty that prohibits the use, transfer, and stockpiling of cluster bombs, a type of explosive weapon which scatters submunitions over an area. The treaty, which will enter into force as binding international law on 1 august 2010, bans the production, stockpiling, transfer, and use of all cluster munitions.
The convention on cluster munitions ccm prohibits all use, stockpiling, production and transfer of cluster munitions. The convention on cluster munitions the ccm is the. Cluster munitions are the subject of the most recent arms control treaty, the cluster munitions convention cmc adopted in dublin on 30 may 2008. The convention on cluster munitions, which bans cluster bombs, received its 30th ratification yesterday when burkina faso and moldava deposited their ratifications. The convention on cluster munitions bans all use, production, transfer and stockpiling of cluster munitions.
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. The treaty, which will enter into force as binding international law on august 1, 2010, bans the production, stockpiling, transfer, and use of all cluster munitions. The convention on cluster munitions was adopted by 107 countries on 30 may 2008 in dublin, ireland. The commentary goes systematically through the convention article by article, explaining the purpose of each provision, its background and negotiation, and the. Contributions from the worlds leading scholars and practitioners combined with highquality indexing make these indispensable works for understanding international law and practice. The convention also sets legal precedent in three ways. 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 number of transfers seems to have decreased since the 2008 adoption of the convention on cluster munitions. Each weapon can contain from several to hundreds of explosive submunitions.
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