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December 1994. Law Approving The Convention On Prohibitions Or Restrictions On The Use Of Certain Conventional Weapons Which May Be Deemed As Producing Excessive Traumatic Effects Or As Indiscriminate, And

Original Language Title: DECEMBRE 1994. Loi portant approbation de 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 comme frappant sans discrimination, et

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belgiquelex.be - Carrefour Bank of Legislation

6 DECEMBER 1994. An Act to approve 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, and Protocols I, II and III, made in Geneva on 10 October 1980 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Single article. 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, and Protocols I, II and III, made in Geneva on 10 October 1980, 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 6 December 1994.
ALBERT
By the King:
Minister of Foreign Affairs,
F. VANDENBROUCKE
Minister of National Defence,
L. DELCROIX
Seal of the state seal:
Minister of Justice,
Mr. WATHELET
Translation
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
High Contracting Parties,
Recall that any State has the duty, in accordance with the Charter of the United Nations, to refrain in its international relations from resorting to the threat or use of force, either against the sovereignty, territorial integrity or political independence of any State, or in any other way incompatible with the purposes of the United Nations,
Recalling further the general principle of the protection of civilians from the effects of hostilities,
Based on the principle of international law that the right of parties to an armed conflict to choose methods or means of war is not unlimited, and on the principle that prohibits the use in armed conflicts of arms, projectiles and materials as well as methods of war which cause superfluous evils, .
Recalling also that it is prohibited to use methods or means of war that are designed to cause, or expected to cause, widespread, lasting and serious damage to the natural environment,
Confirming their determination that, in cases not provided for in this Convention and the Protocols annexed thereto or by other international agreements, civil persons and combatants remain at any time under the safeguard and under the empire of the principles of the law of people, as they arise from established uses, the principles of humanity and the requirements of public consciousness,
Desiring to contribute to international relaxation, to the cessation of the arms race and to the establishment of confidence among States and, consequently, to the realization of the aspirations of all peoples to live in peace,
Recognizing the importance of continuing all efforts towards general and complete disarmament under strict and effective international control,
Reaffirming the need to continue the codification and progressive development of the rules of international law applicable in armed conflict,
Wishing to further ban or limit the use of certain conventional weapons and believing that the positive results achieved in this area could facilitate the major disarmament talks with a view to ending the production, storage and proliferation of such weapons,
Emphasizing the interest that all States, and particularly the militaryly important States, become parties to this Convention and its annexed Protocols,
Considering that the General Assembly of the United Nations and the United Nations Disarmament Commission may decide to consider the question of a possible expansion of the scope of the prohibitions and limitations contained in this Convention and the Protocols annexed thereto,
Considering further that the Committee on Disarmament may decide to consider the issue of adopting new measures to prohibit or limit the use of certain conventional weapons,
The following agreed:
Article 1
Scope
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.
Relations with other international agreements
Nothing in this Convention or its annexed Protocols shall be construed as decreasing other obligations imposed on the High Contracting Parties by applicable international humanitarian law in the event of armed conflict.
Article 3
Signature
This Convention shall be open for signature by all States at United Nations Headquarters in New York for a period of twelve months from 10 April 1981.
Article 4
Ratification, acceptance, approval, accession
1. This Convention is subject to ratification, acceptance or approval by signatories. Any State that has not signed the Convention may accede to it.
2. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
3. Each State may agree to be bound by any of the Protocols annexed to this Convention, provided that at the time of deposit of its instrument of ratification, acceptance, approval or accession to this Convention, it shall notify the Depositary of its consent to be bound by at least two of these Protocols. .
4. At any time after the deposit of its instrument of ratification, acceptance, approval or accession to this Convention, a State may notify the Depositary of its consent to be bound by any annexed Protocol to which it is not yet a Party.
5. Any Protocol binding on a High Contracting Party shall be an integral part of this Convention with respect to that Party.
Article 5
Entry into force
1. This Convention shall enter into force six months after the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession.
2. For any State that deposits an instrument of ratification, acceptance, approval or accession after the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force six months after the date of deposit of that instrument.
3. Each of the Protocols annexed to this Convention shall enter into force six months after the date on which twenty States have notified their consent to be bound by this Protocol in accordance with the provisions of paragraph 3 or paragraph 4 of Article 4 of this Convention.
4. For any State that notifies its consent to be bound by a Protocol annexed to this Convention after the date on which twenty States have notified their consent to be bound by this Protocol, the Protocol shall enter into force six months after the date on which the said State has notified its consent to be so bound.
Article 6
Dissemination
The High Contracting Parties undertake to disseminate as widely as possible in their country, both in peacetime and in times of armed conflict, this Convention and the annexed Protocols to which they are Parties and in particular to incorporate the study into their military training programmes, so that these instruments are known to their armed forces.
Article 7
Conventional relations as soon as the Convention comes into force
1. If one of the parties to a conflict is not bound by a Protocol annexed to this Convention, the parties bound by this Convention and the Protocol annexed thereto remain bound by them in their mutual relations.
2. A High Contracting Party shall be bound by this Convention and any annexed Protocol thereto, which is in force for it, in any situation provided for in Article 1, vis-à-vis any State that is not a party to this Convention or is not bound by the relevant annexed Protocol, if the latter State accepts and applies this Convention or the relevant Protocol and notifys it to the Depositary.
3. The depositary shall immediately inform the High Contracting Parties concerned of any notification received under paragraph 2 of this article.
4. This Convention and the annexed Protocols by which a High Contracting Party is bound shall apply to any armed conflict against the said High Contracting Party of the type referred to in Article 1, paragraph 4, of Additional Protocol I to the Geneva Conventions of 12 August 1949 relating to the protection of war victims:
(a) where the High Contracting Party is also a party to Additional Protocol I and an authority referred to in Article 96, paragraph 3, of that Protocol has undertaken to apply the Geneva Conventions and Additional Protocol I in accordance with Article 96, paragraph 3, of that Protocol and undertakes to apply in respect of that conflict, this Convention and the Protocols annexed thereto; or
(b) Where the High Contracting Party is not a party to Additional Protocol I and a type authority referred to in paragraph (a) above accepts and applies, with respect to that conflict, the obligations of the Geneva Conventions and this Convention and the Protocols thereto. This acceptance and application have the following effects in respect of the conflict: .
(i) The Geneva Conventions and this Convention and its annexed Protocols shall take immediate effect on the parties to the conflict;
(ii) The authority shall exercise the same rights and fulfil the same obligations as a High Contracting Party to the Geneva Conventions, this Convention and the relevant Protocols annexed thereto;
(iii) The Geneva Conventions, this Convention and its annexed Protocols shall equally link all parties to the conflict.
The High Contracting Party and the authority also demonstrate agreement to accept and apply on a mutual basis the obligations set out in Additional Protocol I to the Geneva Conventions.
Article 8
Revision and amendments
1. (a) After the entry into force of this Convention, any High Contracting Party may at any time propose amendments to this Convention or to any of the Protocols annexed thereto by which it is bound. Any amendment proposal shall be communicated to the Depositary who shall notify all High Contracting Parties of the amendment by asking them whether a conference is to be convened to consider it. If a majority of at least 18 High Contracting Parties agree, the Depositary will convene a conference to which all High Contracting Parties will be invited as soon as possible. States not parties to this Convention will be invited to the conference as observers.
(b) This conference may agree on amendments to be adopted and shall enter into force in the same manner as this Convention and the Protocols annexed thereto; However, amendments to this Convention may only be adopted by the High Contracting Parties and amendments to an annexed Protocol may be adopted by the High Contracting Parties which are bound by this Protocol.
2. (a) Following the entry into force of this Convention, any High Contracting Party may at any time propose additional protocols concerning other categories of conventional weapons on which the existing annexed Protocols do not carry. Any proposed additional protocol shall be communicated to the Depositary who shall notify all High Contracting Parties in accordance with paragraph 1 (a) of this Article. If a majority of at least 18 High Contracting Parties agree, the Depositary will convene a conference to which all States will be invited as soon as possible.
(b) This conference may, with the full participation of all States represented at the conference, approve additional protocols, to be adopted in the same manner as this Convention, and shall enter into force in accordance with the provisions of Article 5, paragraphs 3 and 4, of this Convention.
3. (a) If, ten years after the entry into force of this Convention no conference has been convened in accordance with paragraph 1 (a) of paragraph 1 or (a) of this article, any High Contracting Party may request the Depositary to convene a conference, to which all High Contracting Parties shall be invited to consider the scope and application of the Convention and the Protocols annexed thereto and consider any proposed amendments to this Convention or to the Protocols annexed thereto. States not parties to this Convention will be invited to the conference as observers. The conference may approve amendments to be adopted and will enter into force in accordance with paragraph 1 (b) above.
(b) The conference may also consider any proposal for additional protocols concerning other categories of conventional weapons not covered by the existing annexed Protocols. All States represented at the conference may participate fully in this review. The additional protocols shall be adopted in the same manner as this Convention, annexed thereto and shall enter into force in accordance with the provisions of Article 5, paragraphs 3 and 4, of this Convention.
Article 9
Denunciation
1. Any High Contracting Party may denounce this Convention or any of the annexed Protocols by notifying its decision to the Depositary.
2. Such denunciation shall take effect only one year after the Depositary receives notification of denunciation. If, however, at the end of that year, the High Contracting Party denouncing itself is in a situation referred to in Article 1, it remains bound by the obligations of the Convention and the relevant Protocols annexed thereto to the end of the armed conflict or occupation and, in any case, until the completion of the operations for the final release, repatriation or establishment of persons protected by the applicable rules of international law
3. Any denunciation of this Convention shall also apply to all annexed Protocols to which the High Contracting Party denouncing has accepted the obligations.
4. A denunciation will only affect the High Contracting Party denouncing.
5. A denunciation shall not affect the obligations already entered into by an armed conflict under this Convention and the Protocols annexed thereto by the High Contracting Party denouncing for any act committed before the denunciation becomes effective.
Article 10
Depositary
1. The Secretary-General of the United Nations is Depositary of this Convention and its annexed Protocols.
2. In addition to the exercise of its usual functions, the Depositary shall notify all States of:
(a) Signatures to this Convention in accordance with Article 3;
(b) Instruments of ratification, acceptance, approval or accession to this Convention, deposited in accordance with Article 4;
(c) Notifications of acceptance of the obligations of the Protocols annexed to this Convention in accordance with Article 4;
(d) The dates of entry into force of this Convention and of each of the Protocols annexed thereto, in accordance with Article 5;
(e) Notifications of denunciations received in accordance with Article 9 and the dates on which they take effect.
Article 11
Authentic texts
The original of this Convention and its annexed Protocols, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Depositary who shall send certified copies in conformity with all States.
Protocol on non-localizable brilliance (Protocol I)
It is forbidden to use any weapon whose main effect is to hurt by fragments that are not localized by X-rays in the human body. .
Protocol on Prohibitions or Restrictions on Employment
(Protocol II)
Article 1er
Practical application field
This Protocol refers to the use on land of mines, booby traps and other devices as defined below, including mines laid to prohibit access to beaches or the passage of waterways or watercourses, but does not apply to anti-navire mines used at sea or in in inland waterways.
Article 2
Definitions
For the purposes of this Protocol:
1. By "mine", any equipment placed under or on the ground or another surface or nearby, and designed to explode or explode because of the presence, proximity or contact of a person or vehicle; and by "developed mine", any mine so defined by an artillery piece, rocket launcher, mortar or similar or disposed of aircraft;
2. By "trap", any device or material that is designed, constructed or adapted to kill or injure, and that works unprovided when moving an object in harmless or approaching it, or that is carried out in an apparently safe act;
3. By "other devices", ammunition and devices put in place by hand and designed to kill, hurt or damage and are triggered by remote control or automatically after a certain period of time;
4. By "military objective", to the extent that property is targeted, any property that by its nature, location, destination or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization in this case offers a specific military advantage;
5. By “civil property”, all assets that are not military objectives within the meaning of paragraph 4;
6. By "registration", a material, administrative and technical operation to collect, in order to record them in official documents, all available information that can easily locate minefields, mines and traps.
Article 3
General restrictions on the use of mines, traps
and other devices
1. This section applies:
(a) Mines;
(b) traps;
(c) other devices.
2. It is prohibited under all circumstances to direct the weapons to which this section applies against the civilian population in general or against individual civilians, whether as offensive, defensive or retaliation.
3. The use without discrimination of weapons to which this section applies is prohibited. By use without discrimination, these weapons are to be established:
(a) Other than a military objective, or such that such weapons are not directed against such an objective; or
(b) Which implies a method or means of transport on the objective as they cannot be directed against a specific military objective; or
(c) This can be expected to cause incidental loss of life in the civilian population, injury to civilians, damage to civilian objects, or a combination of these losses and damages, which would be excessive in relation to the concrete and direct military advantage expected.
4. All possible precautions shall be taken to protect civilians from the effects of weapons to which this section applies. Possible precautions include precautions that are practicable or that it is practically possible to take into account all the conditions of the moment, including human and military considerations. .
Article 4
Restrictions on the use of mines other than mines established
remotely, traps and other devices in inhabited areas
1. This section applies:
(a) Mines other than remote mines;
(b) To traps; and
(c) To other devices.
2. It is prohibited to use the weapons to which this article applies in any city, village or other area o· is a similar concentration of civilian persons and o· fights between land forces are not engaged or appear not imminent, unless:
(a) Whether they are placed on a military objective or in the immediate vicinity of a military objective belonging to an opposing party or under its control; or
(b) That measures be taken to protect the civilian population from their effects, for example by posting warnings, posting sentinels, broadcasting warnings or setting fences.
Article 5
Restrictions on remote use of mines
1. The use of remotely established mines is prohibited unless these mines are used only in an area that is a military objective or contains military objectives and unless:
(a) That their location be accurately recorded in accordance with paragraph 1 (a) of section 7; or
(b) Whether an effective neutralisation mechanism is used on each of them, i.e. a self-locking mechanism, designed to disable it or to cause self-destruction when it is necessary to think that it will no longer serve for military purposes for which it has been put in place, or a remote control mechanism designed to disable or destroy it when the mine is no longer used for military purposes for auxqueslls.
2. Effective notice will be given to the launch or clearance of remotely established mines that could have effects on the civilian population, unless circumstances permit it.
Article 6
Prohibition of the use of certain traps
1. Without prejudice to the rules of international law applicable to armed conflicts relating to treason and perfidy, it is prohibited under all circumstances to use:
(a) traps that have the appearance of harmless portable objects that are expressly designed and constructed to contain an explosive charge and that produce detonation when moving or approaching them; or
(b) Traps that are attached or associated in any way:
(i) At internationally recognized emblems, signs or signs;
(ii) To sick, wounded or dead;
(iii) At places of burial or incineration or tombs;
(iv) Facilities, equipment, supplies or sanitary transport;
(v) Toys of children or other portable objects or products specifically intended for the feeding, health, hygiene, clothing or education of children;
(vi) Food or beverages;
(vii) Has kitchen utensils or household appliances, except in military establishments, military sites and military supply depots;
(viii) Indisputably religious objects;
(ix) To historical monuments, works of art or places of worship that constitute the cultural or spiritual heritage of peoples;
(x) To animals or animal carcasses.
2. It is prohibited under all circumstances to use traps that are designed to cause unnecessary injury or unnecessary suffering. .
Article 7
Registration and publication of minefields, mines and traps
1. Parties to a conflict will record the location:
(a) of all pre-planned mine fields that they have established;
(b) From all areas in which they used large-scale and pre-planned traps.
2. The parties will endeavour to record the location of all other minefields, mines and traps that they have laid or set up.
3. All such records shall be retained by the parties, which shall:
(a) Immediately after the cessation of active hostilities:
(i) Take all necessary and appropriate measures, including the use of these recordings, to protect civilians from the effects of minefields, mines and traps; and either
(ii) In cases where the forces of any of the parties are not located in the territory of the opposing party, exchange between them and provide to the Secretary General of the United Nations all the information in their possession concerning the location of the minefields, mines and traps in the territory of the opposing party; or
(iii) As soon as the forces of the parties have completely withdrawn from the territory of the opposing party, provide to the opposing party and to the Secretary-General of the United Nations all the information in their possession concerning the location of the minefields, mines and traps in the territory of that opposing party;
(b) Where a United Nations force or mission performs its functions in any area or area, provide the authority referred to in section 8 with the information required by that section;
(c) To the extent possible, by mutual agreement, ensure the publication of information on the location of minefields, mines and traps, particularly in agreements concerning cessation of hostilities.
Article 8
Protection of United Nations forces and missions against the effects of minefields, mines and traps
1. Where a United Nations force or mission performs peacekeeping, observation or similar functions in an area, each of the parties to the conflict, if requested by the Chief of Force or Mission of the United Nations in the area in question, shall, to the extent that it may:
(a) Remove or render harmless all traps or mines in the area in question;
(b) Take measures that may be necessary to protect the force or mission from the effects of minefields, mines and traps while carrying out its tasks; and
(c) Make available to the Chief of Force or the United Nations Mission in the area in question all information in its possession concerning the location of minefields, mines and traps in that area.
2. When a United Nations fact-finding mission performs its functions in an area, the party to the conflict concerned must provide it with protection, unless, due to the volume of the mission, it is not in a position to do so in a satisfactory manner. In this case, it must make available to the Head of Mission information in its possession concerning the location of minefields, mines and traps in that area.
Article 9
International cooperation for mine clearance,
mines and booby traps
After the cessation of active hostilities, the parties shall endeavour to conclude an agreement, both between it and, where appropriate, with other States and with international organizations, on the communication of information and the provision of technical and material assistance - including, where appropriate, the organization of joint operations - necessary to remove or otherwise neutralize minefields, .

Technical Annex to the Protocol on Prohibitions or Restrictions on the Use of Mines, Trays and Other Devices (Protocol II)
Registration principles
When the Protocol provides for the obligation to register the location of minefields, mines and traps, the following principles shall be observed:
1. For pre-planned minefields and the widespread and pre-planned use of traps:
(a) Establish maps, sketches or other documents to indicate the extent of the minefield or the trapped area; and
(b) Specify the location of the minefield or trapped area relative to the coordinates of a single reference point and the estimated dimensions of the mine-containing area and traps relative to this unique reference point.
2. With regard to other minefields, mines and booby traps laid or put in place: To the extent possible, record the relevant information specified in paragraph 1 above so as to locate areas containing minefields, mines and traps.
Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III)
Article 1er
Definitions
For the purposes of this Protocol:
1. "Incendiary weapon" means any weapon or munition essentially designed to fire objects or to inflict burns to people by the action of flames, heat or a combination of flames and heat, which a chemical reaction of a substance launched on the target produces.
(a) Incendiary weapons may take the form, for example, of flamethrowers, whigs, shells, rockets, grenades, mines, bombs and other containers of incendiary substances;
(b) Incendiary weapons do not include:
(i) Ammunitions that may have strong incendiary effects, e.g. illuminating, tracer, smoker or signalling systems;
(ii) Ammunitions that are designed to combine penetration, blast or fragmentation effects with incendiary effect, such as perforating projectiles, fragmentation shells, explosive bombs and ammunition similar to combined effects o· the incendiary effect does not specifically aim to inflict burns to people, but must be used against military objectives, such as armoured vehicles, aircraft and logistics facilities.
2. "Civil concentration" means a concentration of civilians, whether permanent or temporary, as it exists in the inhabited parts of the cities or in the inhabited villages or villages or as camps and columns of refugees or evacuated, or nomadic groups.
3. "Military objective" means, to the extent that property is targeted, any property that by its nature, location, destination or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization in this case offers a specific military advantage.
4. "Civil property" means all property that is not military objectives within the meaning of paragraph 3.
5. "Possible precautions" means 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.
Article 2
Protection of civilians and civilian objects
1. In all circumstances it is prohibited to make the civilian population as such, isolated civilians or civilian objects the subject of an attack by means of incendiary weapons. .
2. It is prohibited under all circumstances to make a military objective within a concentration of civilians the object of an attack by means of incendiary weapons launched by aircraft.
3. It is also prohibited to make a military objective within a concentration of civilians the subject of an attack by means of incendiary weapons other than incendiary weapons launched by aircraft, except when such a military objective is clearly excluded from the concentration of civilians and when all possible precautions have been taken to limit the incendiary effects to the military objective and to prevent, and in any event,
4. Forests and other types of plant cover are not subject to attacks by means of incendiary weapons unless these natural elements are used to cover, conceal or camouflage combatants or other military objectives, or are themselves military objectives.
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