Key Benefits:
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. "