8 JANVIER 2004. - An Act to amend section 1^er 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, adopted at Geneva on 21 December 2001 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Amendment of Article 1^er of 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, adopted at Geneva on 21 December 2001, shall 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 8 January 2004.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Defence,
A. FLAHAUT
State seal
Minister of Justice
Ms. L. ONKELINX
____
Note
(1) Verwijzingen naar het Belgisch Staatsblad :
Session 2003-2004.
Senate.
Documents. - Bill tabled on 3 September 2003, No. 3-177/1. Report, No. 3-177/2.
Annales parlementaire . - Discussion. Session of 6 November 2003. - Vote. Meeting of 6 November 2003.
Session 2003-2004.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-410/1. - Report, No. 51-410/2. - Text adopted in plenary and subject to Royal Assent, No. 51-410/3.
Annales parlementaire . - Discussion. Session of November 27, 2003. Voting. Meeting of 27 November 2003.

Amendment to Article 1 of 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
At their second review conference, held from 11 to 21 December 2001, the States parties to the Convention decided to amend Article 1 of the Convention as follows, in order to extend its scope to armed conflicts not of an international character. This decision is contained in the Final Declaration of the Second Review Conference, as contained in document CCW/CONF.II/2.
"Decide to amend Article 1 of the Convention, which must now read as follows:
1. This Convention and its annexed Protocols shall apply in the situations provided for in article 2 common to the Geneva Conventions of 12 August 1949 relating to the protection of war victims, including any situation described in article 1, paragraph 4, of Additional Protocol I to the Conventions.
2. This Convention and its annexed Protocols shall apply in addition to the situations referred to in paragraph 1^er to the situations referred to in article 3 common to the Geneva Conventions of 12 August 1949. This Convention and its annexed Protocols do not apply to situations of tension and internal disturbance, such as riots, isolated and sporadic violence and other similar acts, which are not armed conflicts.
3. In the case of armed conflicts that do not take an international character and occur in the territory of one of the High Contracting Parties, each party to the conflict shall apply the prohibitions and restrictions provided for in this Convention and the Protocols annexed thereto.
4. No provision of this Convention or its annexed Protocols shall be invoked to undermine the sovereignty of a State or the responsibility of the Government, by all legitimate means, to maintain or restore public order in the State or to defend the national unity and territorial integrity of the State.
5. Nothing in this Convention or its annexed Protocols is invoked to justify any direct or indirect intervention, for any reason, in the armed conflict or in the internal or external affairs of the High Contracting Party in the territory of which this conflict occurs.
6. The application of the provisions of this Convention and the Protocols annexed thereto to parties to a conflict that are not of the High Contracting Parties that have accepted this Convention and the Protocols annexed thereto do not explicitly or implicitly alter their legal status or that of a disputed territory.
7. The provisions of paragraphs 2 to 6 of this article do not prejudge the scope of any other protocols adopted after 1^er January 2002, for which it may be decided to adopt the provisions of those paragraphs, to exclude or amend them. »

Amendment of Article 1^er 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, adopted at Geneva on 21 December 2001
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