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Approves The 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, Adopted By States Parties To The Decla

Original Language Title: Aprova a Emenda ao Artigo 1.º da Convenção sobre a Proibição ou Limitação do Uso de Certas Armas Convencionais que Podem ser Consideradas como Produzindo Efeitos Traumáticos Excessivos ou Ferindo Indiscriminadamente, adoptada pelos Estados Partes na Decla

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MOTION FOR RESOLUTION No. 47 /X

Considering that the Convention on the Prohibition or Limitation of the Use of Certain Ceres

Conventional Weapons That Can Be Considered as Producing Effects

Excessive Traumatic or Indiscriminately Injuring, incorporating the Protocols I,

II and III, was adopted by the United Nations Conference on prohibitions or restrictions

of the use of certain conventional weapons that can be considered as producing

excessive traumatic effects or injuring indiscriminately, carried out in Geneva

from 10 a to September 28, 1979 and from September 15 to October 10, 1980;

Recalling that, in accordance with its Article 5, paragraph 1 and 3, the said Convention and the

respective Protocols I, II and III came into force in the international legal order in 2

of December 1983;

Considering that the Portuguese Republic signed the said Convention on the day 10 of

April 1981, having been approved, for ratification, by the Resolution of the Assembly of the

Republic No 1/97 and has been ratified by the Decree of the President of the Republic No 1/97,

both published in the Journal of the Republic , 1. th Series-A, paragraph 10, of January 13, 1997;

Recalling that the Portuguese Republic deposited, on April 4, 1997, together with the

Secretary-General of the United Nations, in New York, the instrument of ratification,

deposit this made public by the Notice No 219/2000, published in the Journal of the

Republic , 1. th Series-A, para. 271, of November 23, 2000, having the said

Convention entered into force for our country on October 4, 1997, pursuant to the

your Article 5 (2);

Considering that an increasing number of armed conflicts holds a character

purely internal;

Aware that the irresponsible use of certain conventional weapons, albeit

in purely internal conflicts, has a devastating effect on populations and infra-

civil structures;

Recognizing, for the same reason, the need to broaden the scope of

of the international rules that aim to protect people and property, and limit the

use of certain weapons;

Thus:

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Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a Resolution:

Approve Amendment to Article 1 of the Convention on the Prohibition or Limitation of Use

of Certain Conventional Weapons that Can be Considered as Producing Effects

Excessive Traumatic or Indiscriminately Injuring, adopted by the States

Parties to the Final Declaration of the Second Revision Conference of the said Convention,

which proceeded between 11 and December 21, 2001 in Geneva, whose text, in the version

authenticated in English language and respective translation in Portuguese language, publishes in

attachment.

Seen and approved in Council of Ministers of February 22, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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Ement to Article I of the Convention on Prohibitions or Restrictions on the

Use of Certain Conventional Weapons Which May Be Banned to Be Excessively

Injurious or to Have Indiscriminate Effects (CCW)

The following decision to amend Article I of the Convention in order to expand the

scope of its application to non-international armed conflicts was made by the States

Parties at the Second Review Conference held from 11 to 21 December 2001. This

decision appears in the Final Declaration of the Second Review Conference, the

contained in document CCW/CONF.II/2.

" DECIDE to amend Article I of the Convention to read as follows:

" 1. This Convention and its annexed Protocols shall apply in the situations

referred to in Article 2 common to the Geneva Conventions of 12 August 1949

for the Protection of War Victims, including any situation described in

paragraph 4 of Article I of Additional Protocol I to these Conventions.

2. This Convention and its annexed Protocols shall also apply, in addition to

situations referred to in paragraph 1 of this Article, to situations referred to in

Article 3 common to the Geneva Conventions of 12 August 1949. This

Convention and its annexed Protocols shall not apply to situations of internal

disturbances and tensions, such as the riots, isolated and sporadic acts of violence,

and other acts of a similar nature, the not being armed conflicts.

3. In case of armed conflicts not of an international character enhancing in the

territory of one of the High Contracting Parties, each party to the conflict shall

be bound to apply the prohibitions and restrictions of this Convention and its

means Protocols.

4. Nothing in this Convention or its past Protocols shall be annexed for the

purpose of affecting the responsibility of a State or the responsibility of the

Government, by all legitimate means, to maintain or re-establish law and order

in the State or to defend the national unity and territorial integrity of the State.

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5. Nothing in this Convention or its past Protocols shall be annexed as a

justification for intervening, directly or indirectly, for any reason whatever, in

the armed conflict or in the internal or external affairs of the High Contracting

Party in the territory of which that conflict occurs.

6. The application of the provisions of this Convention and its annexed Protocols

to parties to a conflict which are not High Contracting Parties that have accepted

this Convention or its annexed Protocols, shall not change their legal status or

the legal status of a disputed territory, either inherent or implicitly.

7. The provisions of an additional hs 2-6 of this Article shall not prejudice additional

Protocols adopted after 1 January 2002, which may apply, exclude or modify the

scope of their application in relation to this Article.

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Amendment to Article I of the Convention on the Prohibition or Limitation of the Use of

Certain Conventional Weapons that Can Be Considered as Producing

Excessive Traumatic Effects or Injuring indiscriminately

The decision to amend Article I of the Convention to broaden its scope of

application to non-international armed conflicts, was adopted by the States Party in the

Second Review Conference, held from 11 a to December 21, 2001. This

decision figure in the Final Declaration of the Second Review Conference, constant of the

document CCW/CONF.II/2.

" Decide to amend Article I of the Convention as follows:

1. This Convention and its additional Protocols shall apply in the

situations referred to in Article 2 common to the Geneva Conventions of 12 of

August 1949 on the Protection of Victims of War, including any

situation described in paragraph 4 of Article I of the Additional Protocol I to this

Conventions.

2. This Convention and its additional Protocols shall also apply,

in addition to the situations referred to in paragraph 1 of this Article, to

situations referred to in Article 3 common to the Geneva Conventions of 12

of August 1949. This Convention and its additional Protocols not if

will apply in situations of internal disturbances and stresses, such as riots, acts

of sporadic violence and isolates and other acts of identical nature that do not

are armed conflicts.

3. In the event of armed conflicts that not being of an international nature occur

in the territory of one of the High Contracting Parties, each party to the conflict shall be

obliged to apply the prohibitions and restrictions of this Convention and of its

Additional protocols.

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4. None of the provisions of this Convention or of its additional Protocols

may be invoked with a view to affecting the sovereignty of a state or the

liability that rests with the Government of, by all legitimate means,

maintain or re-establish public order in the state or to defend the unit

national and the territorial integrity of the State.

5. None of the provisions of this Convention or of its additional Protocols

may be invoked to justify an intervention, direct or indirect, be

what is the reason, in the armed conflict or in the internal or external affairs of the High

A Contracting Party on whose territory this conflict takes place.

6. The application of the provisions of this Convention and of its Protocols

additional to the parties to a conflict other than High Contracting Parties having

accept this Convention or its annexed Protocols, shall not modify,

implicitly explains or implicitly, their legal status or the legal situation of a

territory in dispute.

7. The provisions of paragraphs 2º to 6º of this Article shall not affect the

Additional protocols that come to be adopted after the January 1 of

2002, which will be able to allow for continuity in the application of the said

paragraphs or, on the other hand, modifying or excludes them. "