Approves The Amendment To Article I 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 The States Parties In

Original Language Title: Aprova a Emenda ao artigo I 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 Declara

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277636a51334c5667755a47396a&fich=ppr47-X.doc&Inline=false

RESOLUTION No. 47/X whereas 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, incorporating the Protocols I, II and III, was adopted by the United Nations Conference on Prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be Excessively Injurious or to have indiscriminate effects held in Geneva from 10 to 28 September 1979 and from 15 September to 10 October 1980; Recalling that, in accordance with your article 5, paragraphs 1 and 3, the Convention and its Protocols I, II and III entered into force on the international legal order in 2 December 1983; Whereas the Portuguese Republic signed the Convention on 10 April 1981 day, having been approved for ratification by resolution of the Assembly of the Republic n° 1/97 and was ratified by Presidential Decree No. 1/97, both published in the Diário da República, 1st Grade-A, paragraph 10, of 13 January 1997; Recalling that the Portuguese Republic deposited, on 4 April 1997, with the Secretary-General of the United Nations in New York, the instrument of ratification, deposit this made public by notice No. 219/2000, published in the Diário da República, 1st Grade-A, no. 271, of 23 November 2000, and the Convention entered into force for our country on 4 October 1997 pursuant to your article 5, paragraph 2; Whereas an increasing number of armed conflicts has a purely internal nature; Aware that the irresponsible use of certain conventional weapons, albeit in purely internal conflicts, has a devastating effect on the population and civilian infrastructure; Recognizing, for this same reason, the need to extend the scope of application of the international rules that aim to protect people and property, and limit the use of certain weapons;

So: 2 pursuant to d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: to approve 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 Final Declaration of the second Review Conference of the Convention , which ran from 11 and 21 December 2001 in Geneva, whose text, authenticated version in English and Portuguese language translation thereof, if published in the annex.

Seen and approved by the Council of Ministers of 22 February 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 3 Amendment to Article I 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 (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, as contained in document CCW/CONF. II/2.

"DECIDES 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 riots, isolated and sporadic acts of violence, and other acts of a similar nature, as not being armed conflicts.

3. In case of armed conflicts not of an international character occurring 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 annexed Protocols.

4. Nothing in this Convention or its annexed Protocols shall be invoked for the purpose of affecting the sovereignty 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. 4 5. Nothing in this Convention or its annexed Protocols shall be invoked 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 explicitly or implicitly.

7. The provisions of Paragraphs 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. 5 amendment to article I 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 the decision to amend article I of the Convention in order to broaden your scope to non-international armed conflicts, adopted by the States parties at the second Review Conference held to 11 to 21 December 2001. This decision appears in the Final Declaration of the second Review Conference, contained in 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 August 1949 relating to the protection of victims of War, including any situation described in paragraph 4 of article 1 of the additional Protocol I to this Convention.


2. this Convention and its additional Protocols shall also apply, in addition to the situations referred to in paragraph paragraph 1 of this article, to the situations referred to in article 3 common to the Geneva Conventions of 12 August 1949. This Convention and its additional Protocols will not apply in situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature that are not armed conflict.

3. In the event of armed conflicts that are not of international nature occurring in the territory of one of the High Contracting Parties, each party to the conflict will be forced to apply the prohibitions and restrictions of this Convention and its additional Protocols.

6 4. None of the provisions of this Convention or of its additional Protocols can be invoked for the purpose of affecting the sovereignty 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.

5. None of the provisions of this Convention or of its protocols may be invoked to justify an intervention, direct or indirect, whatever the reason, in the armed conflict or in the internal or external affairs of the High Contracting Party on whose territory the conflict takes place.

6. The provisions of this Convention and its additional Protocols to the parties in a conflict which are not high contracting parties having accepted this Convention or its protocols, annexes will not modify, explicitly or implicitly, your legal status or the legal status of a disputed territory.

7. the provisions of paragraphs 2 to 6 of this Article shall not affect the additional Protocols will be adopted after 1 January 2002, which may allow continuity in the application of those paragraphs or, on the other hand, modify them or delete them. "