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Law Approving The Protocol On Explosive Remnants Of War To The Convention On Prohibitions Or Restrictions On The Use Of Certain Conventional Weapons Which May Be Considered As Producing Excessive Traumatic Effects Or Co

Original Language Title: Loi portant assentiment au Protocole relatif aux restes explosifs de guerre à la Convention sur l'interdiction ou la limitation de l'emploi de certaines armes classiques qui peuvent être considérées comme produisant des effets traumatiques excessifs ou co

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19 JUIN 2008. - An Act to approve the Protocol on Explosive Remnants of War to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (Protocol V), adopted at Geneva on 28 November 2003 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Protocol on Explosive Remnants of War to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (Protocol V), adopted at Geneva on 28 November 2003, will be fully effective.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 June 2008.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Justice,
J. VANDEURZEN
Minister of Defence,
P. DE CREM
Seen and sealed the state seal:
Minister of Justice,
J. VANDEURZEN
Notes
(1) 2007-2008 session:
Senate:
Documents. - 4-565/1: Bill tabled on 13 February 2008. - 4-565/2: Report.
Annales parliamentarians. - Discussion and voting: meeting of 10 April 2008.
House of Representatives:
Documents. - 52-1059/1: Project transmitted by the Senate. - 52-1059/2: Text adopted in plenary and subject to Royal Assent.
Annales parliamentarians. - Discussion and voting: meeting of 15 May 2008.
(2) See decree of the Flemish Community of 20 February 2009 (Belgian Monitor of 9 March 2009), decree of the Walloon Region of 26 November 2009 (Belgian Monitor of 3 December 2009), order of the Brussels-Capital Region of 8 May 2008 (Belgian Monitor of 28 May 2008).

Protocol on Explosive Remnants of War
High Contracting Parties,
Recognizing the serious humanitarian problems posed after conflict by explosive remnants of war,
Acknowledging the need to conclude a protocol on general remedial measures to be taken after conflicts in order to minimize the risk of explosive remnants of war and the effects of such remains,
Disposed to take general preventive measures, at their discretion applying the best practices specified in a Technical Annex, with a view to improving the reliability of ammunition and thereby minimizing the occurrence of explosive remnants of war,
The following agreed:
Article 1er
General provisions and scope
1. In accordance with the Charter of the United Nations and the rules of international law relating to armed conflicts that apply to them, the High Contracting Parties agree to comply with the obligations set out in this Protocol, both individually and in cooperation with other High Contracting Parties, with a view to minimizing the risks inherent in explosive remnants of war and the effects of such remains in post-conflict situations.
2. This Protocol applies to explosive remnants of war on the ground of the High Contracting Parties, including in their inland waters.
3. This Protocol applies to situations arising from conflicts referred to in paragraphs 1 to 6 of Article 1 of the Convention, as amended on 21 December 2001.
4. Articles 3, 4, 5 and 8 of this Protocol apply to explosive remnants of war other than existing explosive remnants of war, as defined in Article 2, paragraph 5, of this Protocol.
Article 2
Definitions
For the purposes of this Protocol:
1. By explosive ordnance, a conventional ammunition containing an explosive, with the exception of mines, traps and other devices defined in Protocol II annexed to the Convention, as amended on 3 May 1996;
2. By unexploded ordnance, an explosive ordnance that was initiated, equipped with a rocket, armed or otherwise prepared to be used in an armed conflict, and was used in an armed conflict; it could have been fired, dumped, launched or projected and should have exploded but did not;
3. By abandoned explosive ordnance, an explosive ordnance that was not used in an armed conflict, which was left behind or thrown by a party to an armed conflict and which is no longer under the control of the party that left it behind or thrown it. An abandoned explosive munition could be initiated, equipped with a rocket, armed or otherwise prepared to be used;
4. Explosive remnants of war, unexploded ordnance and abandoned explosive ordnance;
5. Existing explosive remnants of war, unexploded ordnance and abandoned explosive ordnance that pre-exist upon the entry into force of this Protocol with respect to the High Contracting Party in whose territory they are located.
Article 3
Removal, withdrawal or destruction of explosive remnants of war
1. Each High Contracting Party, together with each party to an armed conflict, shall assume the responsibilities set out in this Article with regard to all explosive remnants of war in a territory under its control. When a party does not control the territory on which it has used explosive ordnance that has become explosive remnants of war, it provides, after the cessation of active hostilities and, inter alia, technical, financial, material or personnel assistance to facilitate the marking and removal, withdrawal or destruction of such explosive remnants of war; such assistance may be provided bilaterally or through a third party approach to the parties and may be, inter alia, United Nations agencies or other relevant organizations.
2. After the cessation of active and feasible hostilities, each High Contracting Party, as well as each party to an armed conflict, shall mark and remove, remove or destroy explosive remnants of war in the territories affected by these explosive remnants and under its control. Removal, withdrawal or destruction operations are carried out as a matter of priority in areas affected by explosive remnants of war, which are estimated in accordance with paragraph 3 of this article to pose serious humanitarian risks.
3. After the cessation of active and feasible hostilities, each High Contracting Party, as well as each party to an armed conflict, shall take the following measures to reduce the risks inherent in explosive remnants of war in the areas affected by these explosive remnants and under its control:
(a) Studying and assessing the dangers posed by explosive remnants of war;
(b) it assesses and prioritizes the need for marking and removal, removal or destruction of these remains and the practical possibilities for carrying out such operations;
(c) marking and removing, removing or destroying these remains;
(d) it shall make arrangements to mobilize the resources necessary to carry out these operations.
4. When carrying out the above activities, High Contracting Parties and parties to armed conflict shall take into account international standards, including the International Mine Action Standards.
5. The High Contracting Parties shall cooperate, where appropriate, both between themselves and with other States, relevant regional and international organizations and non-governmental organizations, with a view to providing, inter alia, technical, financial, material and personnel assistance, including, where appropriate, joint operations necessary to implement the provisions of this Article.
Article 4
Recording, conserving and communicating information
1. To the extent possible and as far as possible, the High Contracting Parties and parties to an armed conflict shall record and maintain information on explosive ordnance used and abandoned explosive ordnance, in order to facilitate the rapid marking and removal, withdrawal or destruction of explosive remnants of war, risk awareness and the provision of information relevant to the party controlling the territory and civilian populations of that territory.
2. Without delay after the cessation of active hostilities and as much as possible, subject to their legitimate security interests, the High Contracting Parties and parties to an armed conflict that have used or abandoned explosive ordnance that may have become explosive remnants of war shall provide such information to the party or parties that control the area affected, through bilateral or through the consent of third parties
3. When registering, retaining and communicating such information, the High Contracting Parties shall consider the first part of the Technical Annex.
Article 5
Other precautions related to the protection of the civilian population, isolated civilians and civilian objects from the risks inherent in explosive remnants of war and the effects of such remains
1. The High Contracting Parties and parties to armed conflict shall take all feasible precautions in the territory affected by explosive remnants of war which they control to protect the civilian population, isolated civilians and civilian objects from the risks inherent in explosive remnants of war and the effects of such remains. By feasible precautions, the precautions that are practicable or that it is practically possible to take into account all the conditions of the moment, including humanitarian and military considerations. These precautions may consist of warnings, awareness-raising actions of civilian populations on the risks inherent in explosive remnants of war, marking, fence installation and monitoring of the territory where such remains are located, in accordance with Part II of the Technical Annex.
Article 6
Provisions on the protection of humanitarian organizations and missions against the effects of explosive remnants of war
1. Any High Contracting Party and any party to an armed conflict:
(a) as far as possible, protect against the effects of explosive remnants of war the humanitarian organizations and missions operating or, with their consent, operating in the area under its control;
(b) if requested by such a humanitarian organization or mission, provides as much as possible information on the location of all explosive remnants of war which it is aware of in the territory where that organization or mission operates or will operate.
2. The provisions of this Article shall apply without prejudice to existing international humanitarian law or other applicable international instruments or to decisions of the Security Council of the United Nations to ensure a higher level of protection.
Article 7
Assistance with existing explosive remnants of war
1. Each High Contracting Party shall have the right to seek and receive assistance, as appropriate, from other High Contracting Parties, from States that are not parties to this Protocol, as well as from relevant international institutions and organizations for the resolution of problems posed by existing explosive remnants of war.
2. Each High Contracting Party that is in a position to do so shall, depending on what is necessary and what is feasible, provide assistance to address the problems posed by the existing explosive remnants of war. ÷ this, the High Contracting Parties also take into account the humanitarian objectives of this Protocol, as well as international standards, including the International Mine Action Standards.
Article 8
Cooperation and assistance
1. Each High Contracting Party that is in a position to do so provides assistance for the marking and removal, removal or destruction of explosive remnants of war, as well as for the awareness of the civilian populations of the risks associated with these remains and related activities, through, inter alia, United Nations organizations, other relevant international, regional or national organizations, the International Committee of the Red Cross, the national Red Cross societies
2. Each High Contracting Party in a position to do so provides assistance for the care and rehabilitation of victims of explosive remnants of war and for their social and economic reintegration. Such assistance may be provided, inter alia, through United Nations bodies, relevant international, regional or national institutions or organizations, the International Committee of the Red Cross, national Red Cross and Red Crescent societies and their international federation, or non-governmental organizations, or bilaterally.
3. Each High Contracting Party in a position to do so shall make contributions to the trust funds established within the United Nations system, as well as other relevant trust funds, in order to facilitate the provision of assistance in accordance with this Protocol.
4. Each High Contracting Party shall have the right to participate in the widest possible exchange of scientific and technical equipment, materials and information, other than weapons-related information, which is necessary for the application of this Protocol. The High Contracting Parties undertake to facilitate such exchanges in accordance with their national legislation and do not impose undue restrictions on the provision of kidnapping equipment and related technical information for humanitarian purposes.
5. Each High Contracting Party undertakes to provide mine action databases established within the framework of United Nations agencies with information on, in particular, the various means and techniques for the removal of explosive remnants of war, as well as lists of experts, specialized agencies or national contact points for the removal of explosive remnants of war, and, at its option, technical information on the categories of explosive ordnance concerned.
6. High Contracting Parties may make requests for assistance, supported by relevant information, to the United Nations, other appropriate bodies or other States. Such requests may be submitted to the Secretary-General of the United Nations, who forwards them to all High Contracting Parties and to relevant international and non-governmental organizations.
7. In the case of applications addressed to the United Nations, the Secretary-General of the Organization may, within the resources available to the Secretary-General, do the necessary to assess the situation and, in cooperation with the requesting High Contracting Party and other High Contracting Parties whose responsibilities are set out in Article 3 above, recommend the assistance it is appropriate to provide. The Secretary-General may also report to the High Contracting Parties on any assessment as well as on the type and extent of assistance required, including possible contributions from the trust funds established within the United Nations system.
Article 9
General preventive measures
1. Depending on the different circumstances and capacities, each High Contracting Party is encouraged to take general preventive measures to minimize as much as possible the occurrence of explosive remnants of war, including, but not limited to, those mentioned in Part III of the Technical Annex.
2. Each High Contracting Party may, at its option, participate in the exchange of information on efforts to promote and implement best practices related to the measures referred to in paragraph 1er of this article.
Article 10
Consultations of the High Contracting Parties
1. The High Contracting Parties undertake to consult and cooperate with each other on any matters relating to the operation of this Protocol. ÷ this end, a conference of the High Contracting Parties shall be held if a majority of at least eighteen High Contracting Parties have agreed.
2. Among other things, the conferences of the High Contracting Parties:
(a) review the status and operation of this Protocol;
(b) consider issues relating to the national implementation of this Protocol, including the submission or updating of annual national reports;
(c) prepare examination conferences.
3. The costs of each conference are covered by the High Contracting Parties and the States participating in the conference without being parties to the Protocol, in accordance with the scale of assessments of the United Nations, duly adjusted.
Article 11
Compliance
1. Each High Contracting Party shall require its armed forces, as well as the authorities or services concerned, to establish appropriate instructions and procedures and to ensure that their personnel receive training in accordance with the relevant provisions of this Protocol.
2. The High Contracting Parties undertake to consult and cooperate with each other at the bilateral level, through the Secretary-General of the United Nations, or through other appropriate international procedures, with a view to resolving any problems arising in the interpretation and application of the provisions of this Protocol.
Technical Annex
Best practices are suggested in this Technical Annex to achieve the objectives set out in Articles 4, 5 and 9 of the Protocol. The High Contracting Parties shall apply this Annex at their option.
1. Recording, archiving and reporting on unexploded ordnance and abandoned explosive ordnance
(a) Recording of information:
With regard to explosive ordnance that may have become explosive remnants of war, the State should endeavour to record as precisely as possible the following data:
i. location of explosive ordnance target areas;
ii. approximate number of explosive ordnance used in areas under i;
iii. type and nature of explosive ordnance used in areas under i.;
iv. general location of unexploded ordnance known or probable.
When a State is obliged to abandon explosive ordnance during operations, it should endeavour to leave them in safe conditions and to record as follows information concerning them:
v. location of abandoned explosive ordnance;
vi. approximate number of abandoned explosive ordnance on each specific site;
vii. types of explosive ordnance abandoned on each specific site.
(b) Archived information:
When the State has registered information in accordance with paragraph (a), it should archive them so that they can be searched and subsequently communicated in accordance with paragraph (c).
(c) Reporting information:
The information recorded and archived by a State in accordance with paragraphs (a) and (b) should be communicated in accordance with the following provisions, taking into account the security interests and other obligations of that State:
i. Content:
Information on unexploded ordnance should include:
(1) general location of unexploded ordnance known or probable presence;
(2) types and approximate number of explosive ordnance used in target areas;
3) method of identification of explosive ordnance, including by colour, dimensions and form and other relevant trademarks;
(4) Safe removal of explosive ordnance.
Information on abandoned explosive ordnance should include:
(5) location of abandoned explosive ordnance;
6) approximate number of abandoned explosive ordnance on each specific site;
7) types of explosive ordnance abandoned on each specific site;
(8) method of identification of abandoned explosive ordnance, including by colour, dimensions and shape;
9) information on the type and packing methods of abandoned explosive ordnance;
10) readiness;
11) location and nature of any traps known to be found in the area of abandoned explosive ordnance.
ii. To:
The information should be communicated to the party or parties that control the affected territory and to the persons or institutions that the State providing the information has acquired the certainty that they will participate or participate in the removal of unexploded ordnance or abandoned explosive ordnance in the affected area and in the awareness of the civilian population of the risks inherent in such munitions.
iii. Mechanism:
Where feasible, the State should take advantage of the mechanisms established at the international or local level for the communication of information, in particular the UN Mine Action Service, the Mine Action Information Management System and other specialized agencies, as it deems appropriate.
iv. Time limits:
Information should be provided as soon as possible, taking into account elements such as military or humanitarian operations in the affected areas, the availability and reliability of information and relevant security issues.
2. Warnings, risk awareness, marking, fence installation and monitoring
Keywords or expressions
(a) "Disclaimer" refers to information on precautions to be taken by the civilian population in order to minimize the risk of explosive remnants of war in the affected territories.
(b) Public awareness of the risks of explosive remnants of war should be carried out through awareness-raising programmes to facilitate the exchange of information between affected communities, government and humanitarian organizations so that these communities are informed of the dangers posed by explosive remnants of war. Risk awareness programs are generally part of long-term activities.
Best practices with regard to warnings and risk awareness
(c) In all risk warning and awareness programs, where possible, existing national and international standards, including the International Mine Action Standards, should be taken into account.
(d) The affected civilian population, including civilians living in or near areas of explosive remnants of war and those crossing such areas, should be alerted and sensitized to the risks.
(e) Warnings should be given as soon as possible, depending on the context and available information. A risk awareness program should replace a warning program as soon as possible. Affected communities should always be subject to warnings and receive risk awareness actions as soon as possible.
(f) Parties to a conflict should use third parties, such as international organizations and non-governmental organizations, where they do not have the resources and skills required to ensure effective risk awareness.
(g) Parties to a conflict should, if possible, provide additional resources for warnings and risk awareness. For example, they could provide logistical support, produce risk awareness materials, provide financial support and provide general cartographic information.
Marking and monitoring of areas where explosive remnants of war are located and closing facilities around these areas
(h) any time during and after a conflict, where explosive remnants of war exist, the parties to this conflict should, as soon as possible and to the extent possible, ensure that the areas where such remains are identified, fenced and monitored in order to effectively prevent access by civilians, in accordance with the following provisions.
(i) Warning signals using the marking methods recognized by the affected community should be used to mark areas suspected of being dangerous. Signals and other devices for marking the limits of a hazardous area should, as far as possible, be visible, legible, durable and environmentally resistant and should clearly indicate on what side of the limits is the area where there are risks to explosive remnants of war and on what side it is considered that there is no danger.
(j) An appropriate structure should be established that would be responsible for monitoring and maintaining permanent and temporary marking systems, integrated into national and local risk awareness programmes.
3. General preventive measures
States that produce or acquire explosive ordnance should, to the extent possible and as appropriate, endeavour to ensure that the following measures are applied and respected during the life cycle of these munitions.
(a) Ammunition manufacturing management
(i) Production processes should be designed to achieve the highest degree of reliability of ammunition.
(ii) Production processes should be subject to approved quality control measures.
(iii) In the production of explosive ordnance, internationally recognized standards of quality assurance should be applied.
(iv) Receipt testing should be conducted in actual firing conditions in a range of situations or through other validated procedures.
(v) High standards of reliability should be specified in contracts between the buyer and the seller of explosive ordnance.
(b) Ammunition management
In order to ensure the best possible long-term reliability of explosive ordnance, States are encouraged to apply the standards and operating procedures for best practices with respect to storage, transport, storage on the ground and handling in accordance with the following provisions.
(i) Explosive munitions should be stored in safe facilities or stored in suitable containers to protect explosive ordnance and its controlled atmosphere if necessary.
(ii) Any State should transport ammunition from and to production facilities, storage facilities and land under conditions that minimize the damage to these munitions.
(iii) Where necessary, the State should store and transport explosives in appropriate containers and in controlled atmosphere.
(iv) The risk of stockpile explosion should be minimized by taking appropriate storage arrangements.
(v) States should apply procedures for the registration, monitoring and testing of explosive ordnance, which should provide information on the date of manufacture of each ammunition or batch of explosive ordnance and information on places where explosive ordnance was placed, under which conditions it was stored and on which environmental factors it was exposed.
(vi) Periodically, if applicable, the explosive ordnance stored in actual testing to ensure its proper operation.
(vii) The subset of explosive ordnance stored in laboratory tests should be periodically submitted, where appropriate, to ensure their proper operation.
(viii) Where necessary, taking into account information obtained through registration, monitoring and testing procedures, appropriate measures should be taken, such as adjusting the expected lifetime of a munition, to maintain the reliability of stored explosive ordnance.
(c) Training
It is important to properly train all personnel involved in the handling, transport and use of explosive ordnance, so that they operate with the necessary reliability. States should therefore adopt and maintain adequate training programmes to ensure that staff receive appropriate training on ammunition that they will be required to manage.
(d) Transfer
A State that plans to transfer a type of explosive ordnance to another State that does not yet possess this type of ammunition should endeavour to ensure that the receiving State is able to store, maintain and properly use these munitions.
(e) Future production
A State should examine how to improve the reliability of the explosive ordnance that it intends to produce or that it intends to develop in order to achieve the highest possible reliability.

Protocol on Explosive Remnants of War to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (Protocol V), adopted at Geneva on 28 November 2003