Convention on Cluster Munitions

From Wikipedia, the free encyclopedia

Convention on Cluster Munitions
Drafted	19 May 2008 – 30 May 2008
Signatories	None (open for signature in December 2008)^[1]
Parties	None
Depositary	UN Secretary-General^[1]
Languages	Arabic, Chinese, English, French, Russian and Spanish^[1]
	Wikisource original text: Convention on Cluster Munitions

The Convention on Cluster Munitions is an international treaty that prohibits the use of cluster bombs, a type of weapon which scatters submunitions ("bomblets") over an area. The convention was formally endorsed on 30 May 2008 in Dublin, Ireland,^[2] and is due to be signed in Oslo in December.^[3]

Countries that ratify the convention are obliged "never under any circumstances to":

(a) Use cluster munitions;
(b) Develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions;
(c) Assist, encourage or induce anyone to engage in any activity prohibited to a State Party under this Convention.^[1]

The treaty allows certain types of weapons with submunitions that do not have the indiscriminate area effects or pose the unexploded ordnance risks of cluster munitions. Such weapons must meet strict criteria for a minimum weight, a limited number of submunitions, the capacity for each submunition individually to detect and engage a single target object and the presence of electronic self-destruct and self-deactivation mechanisms.^[4] Also, a limited number of cluster and submunitions can be kept for purposes of training in and development of detection, clearance and destruction techniques and counter-measures.

1 Process
2 History
3 Nations that have used cluster munitions
4 Nations that have produced cluster munitions
5 Nations that have stocks of cluster munitions
6 Nations that have subscribed to the Wellington Declaration
7 References
8 External links

[edit] Process

Nations subscribing to the Wellington Declaration

The Cluster Munitions Process, also known as the Oslo Process, began in February 2007 in Oslo, Norway. At this time, 65 nations issued the "Oslo Declaration", committing themselves to:

Conclude by 2008 a legally binding international instrument that prohibits the use and stockpiling of cluster munitions that cause unacceptable harm to civilians and secure adequate provision of care and rehabilitation to survivors and clearance of contaminated areas.^[5]^[6]

The Oslo Process held meetings in Lima, Peru in May 2007 and Vienna, Austria in December 2007. The "Wellington Declaration" of 22 February 2008, resulting from a final preliminary meeting in Wellington, New Zealand, briefly set forth the principles to be included in the draft treaty.^[7]

Delegates from 109 nations agreed to the final draft of the treaty at the end of a ten-day meeting held in May 2008 in Dublin, Ireland.^[8] It was formally adopted on 30 May 2008 by 111 nations,^[9] and will be signed in Oslo on 2–3 December.^[10] On the first day of the sixth month after the 30th ratification, the treaty will enter into force.^[1]

[edit] History

Ugandan demonstrator at the May 2008 Dublin conference

Double-amputee demonstrators from Afghanistan and Ethiopia at the Dublin conference

The impetus for the treaty, like that of the 1997 Ottawa Treaty to ban landmines, has been concern over the long-term damage and risks to civilians during and after attacks. A varying proportion of submunitions dispersed by cluster bombs fail to explode on impact and can lie untouched for years until disturbed. The sometimes brightly colored munitions are not camouflaged, but have been compared to toys or Easter eggs, attracting interest from children at play.^[11]^[12] Human rights activists claim that one in four casualties resulting from submunitions that fail to explode on impact are children who often pick up and play with the explosive canisters well after the conflict has ended.^[13] The 2006 Lebanon War provided momentum for the campaign to ban cluster bombs. During the war, Israel dropped up to 4 million cluster submunitions close to civilian areas, of which the United Nations estimated up to 40% failed to explode on impact. Norway organized the independent Oslo process after discussions at the traditional disarmament forum in Geneva fell through in November 2006.^[14]

The majority of stockpilers, producers and past users of cluster munitions adopted the treaty in Dublin on May 30. However, the treaty has been opposed by a number of countries that produce or stockpile significant amounts of cluster munitions, including China, Russia, the United States, India, Israel, Pakistan and Brazil.^[13] The U.S. has acknowledged humanitarian concerns about the use of cluster munitions, but insisted that the proper venue for a discussion of cluster munitions was the Convention on Certain Conventional Weapons, a forum including all major military powers.^[15] The U.S. has further stated that the development and introduction of "smart" cluster munitions, where each submunition contains its own targeting and guidance system as well as an auto-self-destruct mechanism, means that the problematic munitions are being moved away from in any case.^[13] Upcoming elections in the U.S. may also influence policy, as Barack Obama voted to support a 2006 legislative measure to limit use of the bombs, while Hillary Clinton and John McCain voted against it.^[16] The treaty allows for certain types of weapons with submunitions that do not have the indiscriminate area effects or pose the unexploded ordnance risks of cluster munitions. Such weapons must meet strict criteria for a minimum weight, a limited number of submunitions, the capacity for each submunition individually to detect and engage a single target object and the presence of electronic self-destruct and self-deactivation mechanisms. Australia, which supports the treaty, stated that the convention does not prohibit the SMArt 155 artillery shell that it has bought, which releases two self-guided self-destructing submunitions.^[4]

Human Rights Watch states that the convention will outlaw 99.9% of the cluster munitions currently existing. Activists also state that the treaty will stigmatize cluster munitions to the extent that countries like the United States will not use the weapons even if they do not sign the treaty, as well as speeding up the introduction of new "smart" munitions.^[17]

Prior to the Dublin meeting, the United Kingdom was thought to be one of a group of nations in a pivotal role whereby their cooperation could make or break the treaty. In a dramatic turn of events shortly before the end of the conference, Prime Minister Gordon Brown declared that the U.K. would withdraw all of its cluster bombs from service.^[18] This was done despite intense behind-the-scenes lobbying by the U.S. and objections by British government personnel who saw utility in the weapons.

In response to U.S. lobbying, and also concerns raised by diplomats from Australia, Canada, Japan, UK and others, the treaty includes a provision allowing signatory nations to cooperate militarily with non-signatory nations. This provision is designed to provide legal protections to the military personnel of signatory nations engaged in military operations with the U.S. or other non-signatory nations that might use cluster munitions.^[10]

[edit] Nations that have used cluster munitions

At least 14 countries have used cluster munitions in recent history (since the creation of the United Nations). All of these nations still have stocks of these munitions.^[19]

Among them, two are former countries that no longer exist:

Soviet Union (whose legal successor is now Russia)
Yugoslavia (whose legal successor is now Serbia)

The following countries have used cluster munitions and have not subscribed to the Wellington Declaration:

The following countries have used cluster munitions but have subscribed to the Wellington Declaration:

Sudan
Tajikistan (23 April)

United Kingdom

[edit] Nations that have produced cluster munitions

At least 28 nations have produced cluster munitions in recent history (since the creation of the United Nations). All of these nations still have stocks of these munitions.^[19]

The following countries have produced cluster munitions and have not subscribed to the Wellington Declaration; most (but not all) of them are involved in recent wars or long unsolved international conflicts; however most of them didn't even use the munitions they produced:

The following countries have produced cluster munitions but have subscribed to the Wellington Declaration; some of them were, have been or are still involved in international armed conflicts:

Bulgaria (19 March)
France
Germany

Italy
Japan
Serbia (3 March)

[edit] Nations that have stocks of cluster munitions

At least 75 nations currently have stockpiled cluster munitions (including all the countries above, that have produced them).^[19]

Among them some still don’t have subscribed to the Wellington Declaration :

A growing part of the current stockpilers of cluster munitions have subscribed to the Wellington Declaration, meaning that they accept the principle of destroying them:

[edit] Nations that have subscribed to the Wellington Declaration

The following 120 nations (on 1 June 2008) have subscribed to the Declaration of the Wellington Conference on Cluster Munitions, which allowed them to participate in the May 2008 Dublin conference. Nations that did not subscribe to the declaration at the time of the Wellington conference are listed with the date they did subscribe.^[20] This count now allows the declaration to become an international treaty: it will be open to ratification by the current signatories of the declaration or by additional nations, starting in December 2008.