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RS 0.515.093 Convention of 30 May 2008 on Cluster Munitions

Original Language Title: RS 0.515.093 Convention du 30 mai 2008 sur les armes à sous-munitions

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0.515.093

Original text

Convention on Cluster Munitions

Cited in Dublin on 30 May 2008

Approved by the Federal Assembly on 16 March 2012 1

Instrument of ratification deposited by Switzerland on 17 July 2012

Entry into force for Switzerland on 1 Er January 2013

(State on 17 September 2015)

The States Parties to this Convention,

Deeply concerned that civilian populations and civilians continue to be the hardest hit by armed conflict,

Determined to put an end to the suffering and loss of life caused by the use of cluster munitions at the time of their use, when they are not functioning as intended or when they are abandoned,

Concern that the remains of cluster munitions that kill or maim civilians, including women and children, impede economic and social development, including through the loss of livelihoods, impede Post-conflict rehabilitation and reconstruction, delaying or preventing the return of refugees and internally displaced persons, can have a negative impact on national and international efforts in Areas of peace-building and humanitarian assistance and other consequences Serious persistence for many years after the use of these weapons,

Also deeply concerned about the dangers posed by the large national stockpiles of cluster munitions kept for operational use, and determined to ensure the rapid destruction of these stocks,

Convinced that it is necessary to contribute effectively and in a coordinated manner to the problem of the removal of cluster munition remnants scattered throughout the world and to ensure its destruction,

Determined to ensure the full realization of the rights of all victims of cluster munitions, and recognizing their inherent dignity,

Resolved to do everything in their power to provide assistance to the victims of cluster munitions, including medical care, rehabilitation and psychological support, and to ensure their social and economic integration,

Recognizing the need to provide assistance to victims of cluster munitions taking into account age and gender, and to address the special needs of vulnerable groups,

Bearing in mind the Convention on the Rights of Persons with Disabilities, which requires, inter alia, that the States Parties to the Convention undertake to guarantee and promote the full enjoyment of all human rights and of Fundamental freedoms by all persons with disabilities without any discrimination based on disability,

Conscious of the need for adequate coordination of the efforts undertaken in different forums to examine the rights and needs of victims of different types of arms, and Resolved To avoid discrimination among the victims of different types of arms,

Reaffirming that, in cases not covered by this Convention or other international agreements, civilians and combatants remain under the protection of the principles of human rights, as they result from established practices, The principles of humanity and the requirements of public consciousness,

Also determined that armed groups distinct from the armed forces of a State should under no circumstances be allowed to engage in any activity prohibited to a State Party to that Convention,

Welcoming the very strong international support for the international rule banning anti-personnel mines, enshrined in the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Mines Anti-personnel and their destruction 2 ,

Welcoming also the adoption of the Protocol on Explosive Remnants of War 3 , annexed to 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 4 , and its entry into force on 12 November 2006, and wishing to improve the protection of civilians from the effects of cluster munitions in post-conflict situations,

Bearing in mind also Resolution 1325 of the United Nations Security Council on Women, Peace and Security and Resolution 1612 of the United Nations Security Council on Children in the United Nations Armed conflicts,

Welcoming, on the other hand, the measures taken at the national, regional and global levels in recent years to prohibit, restrict or suspend the use, stockpiling, production and transfer of cluster munitions,

Underlining the role of public awareness in advancing the principles of humanity as evidenced by the call for an end to the suffering of civilians caused by cluster munitions and recognizing the efforts made to that end by the United Nations, the International Committee of the Red Cross, the Cluster Munitions Coalition and many other non-governmental organizations around the world,

Reaffirming the Declaration of the Oslo Conference on Cluster Munitions, by which States, inter alia, recognized the serious consequences of the use of cluster munitions and committed to concluding, by 2008, a A legally binding instrument that would prohibit the use, production, transfer and stockpiling of cluster munitions that cause unacceptable harm to civilians, and which would establish a framework for cooperation and assistance Ensuring adequate provision of care for victims and their rehabilitation, Clean-up of contaminated areas, education on risk reduction and stockpile destruction,

Underlining the usefulness of encouraging the accession of all States to this Convention and determined to work vigorously to encourage the universalization and full implementation of the Convention,

On the basis of the principles and rules of international humanitarian law, in particular the principle that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited, and the rules that require Parties to a conflict must at all times distinguish between the civilian population and combatants as well as between civilian objects and military objectives and, therefore, direct their operations only against objectives Military operations; that military operations must be conducted with constant attention to Spare the civilian population, civilian and civilian objects; and that the civilian population and civilians enjoy general protection against the dangers arising from military operations,

Agreed to the following:

Art. 1 General obligations and scope

1. Each State Party undertakes to never, under any circumstances:

(a)
Use of weapons at the sub-munitions;
(b)
Develop, produce, otherwise acquire, store, store, or transfer to any person, directly or indirectly, weapons to submunitions;
(c)
To assist, encourage or encourage anyone to engage in any activity prohibited to a State Party under this Convention.

2. Le par. 1 of this Article applies, Mutatis mutandis , small explosive devices that are specifically designed to be dispersed or released from a disperser attached to an aircraft.

3. This Convention does not apply to mines.

Art. 2 Definitions

For the purposes of this Convention:

1.
The term " Victims of cluster munitions " All persons who have been killed or have suffered physical or psychological harm, material loss, social marginalisation or substantial impairment of the enjoyment of their rights as a result of the use of firearms; Victims of cluster munitions include those directly affected by cluster munitions, as well as their families and affected communities.
2.
The term " Cluster munition weapon " Means a conventional munition designed to disperse or liberate explosive submunitions, each weighing less than 20 kilograms, and includes these explosive submunitions. It does not refer to:
(a)
Ammunition or sub-munitions designed to launch lightening devices, fumigants, pyrotechnic devices or decoys, or ammunition designed exclusively for anti-aircraft defence purposes;
(b)
Munitions or submunitions designed to produce electrical or electronic effects;
(c)
Ammunition which, in order to avoid indiscriminate effects on an area and the risks posed by unexploded submunitions, has all the following characteristics:
(i)
Each munition contains fewer than ten explosive submunitions,
(ii)
Each explosive submunition weighs more than four kilograms,
(iii)
Each explosive submunition is designed to detect and attack a target consisting of a single object,
(iv)
Each explosive submunition is equipped with an electronic self-destruction mechanism,
(v)
Each explosive submunition is equipped with an electronic self-deactivating device.
3.
The term " Explosive submunition " A conventional munition that, in order to carry out its function, is dispersed or released by a submunition weapon and is designed to operate by detonating an explosive charge before impact, at the time of impact, or after impact.
4.
The term " Failed cluster munitions " A submunition weapon that was fired, dropped, launched, projected, or otherwise triggered and that should have dispersed or released its explosive submunitions but did not.
5.
The term " Unexploded submunitions " Explosive submunitions that have been dispersed or released by a cluster munition, or otherwise separated, and that should have exploded but did not.
6.
The term " Abandoned cluster munitions " Submunitions or explosive submunitions that have not been used and have been left on the ground or discarded, and which are no longer under the control of the party who left them on the ground or thrown. Abandoned cluster munitions may have been prepared for use or not.
7.
The term " Remnants of cluster munitions " Decommissioned cluster munitions, abandoned cluster munitions, unexploded submunitions and small unexploded explosive ordnance.
8.
The " Transfer " Implies, in addition to the material withdrawal of cluster munitions from the territory of a State or their physical introduction into that of another State, the transfer of ownership and control over these weapons to submunitions, but not the transfer of one Territory containing remains of cluster munitions.
9.
The term " Self-destruction mechanism " An automatic mechanism incorporated into the munition, which is in addition to the initial mechanism for the firing of the munition, and which ensures the destruction of the munition to which it is incorporated.
10.
The term " Autodeactivating " The automatic process which makes the ammunition inoperative by the irreversible exhaustion of an element, for example a battery, essential to the operation of the munition.
11.
The term " Area contaminated with cluster munitions " An area where the presence of cluster munitions remains or is suspected.
12.
The term " Mine " A device designed to be placed under or on or near the ground or other surface and to explode as a result of the presence, proximity or contact of a person or vehicle.
13.
The term " Small explosive bomb " Conventional ammunition, which weighs less than 20 kilograms, which is not self-propelled and is dispersed or released by a disperser in order to perform its function, which is designed to operate by detonating an explosive charge before Impact, at the time of impact, or after impact.
14.
The term " Dispersant " A container that is designed to disperse or release small explosive bombs and that remains attached to an aircraft at the time the bombs are dispersed or released.
15.
The term " Small explosive unexploded bomb " A small explosive device that was dispersed, released by a disperser or otherwise separated, and which should have exploded but failed to do so.
Art. 3 Stockpiling and stockpile destruction

1. Each State Party, in accordance with national regulations, shall separate all cluster munitions under its jurisdiction and control of ammunition held for operational use and shall mark them for the purpose of destruction.

2. Each State Party undertakes to destroy all cluster munitions referred to in subs. 1 of this Article, or to ensure their destruction, as soon as possible, and not later than eight years after the entry into force of this Convention for that State Party. Each State Party undertakes to ensure that methods of destruction comply with applicable international standards for the protection of public health and the environment.

3. If a State Party does not believe that it can destroy all cluster munitions referred to in subs. 1 of this Article, or to ensure their destruction, within the period of eight years following the entry into force of this Convention for that State Party, it may submit to an Assembly of the States Parties or to a Review Conference an application for Extension, up to four years, of the deadline for the complete destruction of cluster munitions. A State Party may, in exceptional circumstances, request additional extensions for up to four years. Requests for extensions shall not exceed the number of years strictly necessary for the fulfilment by that State of its obligations under s. 2 of this article.

4. The request for an extension must include:

(a)
Duration of the proposed extension;
(b)
A detailed explanation of the proposed extension, including the financial and technical means available to the State Party or required by the State Party for the destruction of all cluster munitions referred to in subs. 1 of this Article, and, where appropriate, the exceptional circumstances justifying the extension;
(c)
A plan detailing how the inventory will be destroyed and the date on which it will be completed;
(d)
The quantity and type of submunitions and explosive submunitions held during the entry into force of this Convention for that State Party, and of other explosive submunitions and explosive submunitions discovered after The entry into force;
(e)
The quantity and type of submunitions and explosive submunitions destroyed during the period referred to in subs. 2 of this Article; and
(f)
The quantity and type of submunitions and explosive submunitions remaining to be destroyed during the proposed extension and the expected annual rate of destruction.

5. The Assembly of States Parties, or the Review Conference, taking into account the factors set out in subs. 4 of this Article, assesses the application and decides by a majority of the States Parties present and voting whether or not to grant the extension period. The States Parties, if appropriate, may decide to grant a shorter extension than the one requested and may propose criteria for the extension. A request for an extension must be submitted at least nine months before the meeting of the Assembly of States Parties or the Review Conference to consider the request.

6. Notwithstanding the provisions of s. 1 of this Convention, the retention or acquisition of a limited number of cluster munitions and explosive submunitions for the development and training of weapons detection, removal or destruction technologies Ammunition and explosive submunitions, or for the development of countermeasures relating to cluster munitions, are permitted. The quantity of explosive submunitions held or acquired shall not exceed the absolute minimum necessary for that purpose.

7. Notwithstanding the provisions of Art. 1 of this Convention, the transfer of cluster munitions to another State Party for the purpose of their destruction, or for all purposes described in subs. 6 of this article, is authorized.

8. States Parties retaining, acquiring or transferring submunitions or explosive submunitions for the purposes described in subs. 6 and 7 of this article shall submit a detailed report on the current and proposed use of these weapons with explosive submunitions and submunitions, and their type, quantity and lot number. If cluster munitions and explosive submunitions are transferred for these purposes to another State Party, the report shall include a reference to the State Party receiving them. This report shall be prepared for each year in which a State Party has retained, acquired or transferred cluster munitions or explosive submunitions, and shall be transmitted to the Secretary-General of the United Nations no later than 30 April The following year.

Art. 4 Decontamination and destruction of cluster munitions and risk reduction education

Each State Party undertakes to remove and destroy the remains of cluster munitions in areas contaminated by cluster munitions and under its jurisdiction or control, or to ensure their removal and destruction, according to the The following:

(a)
Where the remains of cluster munitions are in areas under its jurisdiction or control at the date of entry into force of this Convention for that State Party, such removal and destruction shall be completed as soon as possible, But no later than ten years after that date;
(b)
Where, after the entry into force of this Convention for that State Party, cluster munitions have become remnants of cluster munitions in areas under its jurisdiction or control, such removal and destruction Must be completed as soon as possible, but no later than 10 years after the end of the active hostilities in which these cluster munitions have become remnants of arms to submunitions; and
(c)
When he or she has performed any of the obligations defined in paras. (a) and (b) of this paragraph, that State Party shall submit a declaration of conformity to the Assembly of the following States Parties.

2. In fulfilling the obligations set out in par. 1 of this Article, each State Party shall take the following measures as soon as possible, taking into account the provisions of Art. 6 of this Convention on international cooperation and assistance:

(a)
Conduct a review of the threat posed by the remains of cluster munitions, evaluate it, record information about them, and make every effort to identify all areas contaminated by cluster munitions and which are Under its jurisdiction or control;
(b)
Appreciate and prioritize requirements in terms of marking, protection of the civilian population, pollution abatement and destruction, and make arrangements to mobilize resources and develop a national plan for the implementation of these Activities, based, where appropriate, on existing structures, experiences and methodologies;
(c)
Take all possible measures to ensure that all areas under its jurisdiction or control contaminated with cluster munitions are marked throughout their perimeter, monitored and protected by a fence or Other means to effectively prevent civilians from entering. Warning signals using marking methods that are easily recognizable by the affected community should be used to mark areas suspected of being hazardous. Signals and other marking devices for the limits of a danger zone should, as far as possible, be visible, legible, durable and resistant to the effects of the environment and should clearly indicate on which side of the limits Is the area contaminated with cluster munitions and on what side there is no danger;
(d)
Remove and destroy all remains of cluster munitions in the areas under its jurisdiction or control; and
(e)
To provide education on risk reduction to raise awareness among civilians living inside or around areas contaminated by cluster munitions against the dangers of these remains.

3. In carrying out the activities referred to in s. 2 of this article, each State Party shall take into account international standards, including the International Standards for Mine Action (IMAS, International Mine Action Sta N Dars ).

(4) This paragraph shall apply in cases where cluster munitions have been used or abandoned by a State Party prior to the entry into force of this Convention for that State Party and have become remnants of arms to Sub-munitions in areas under the jurisdiction or control of another State Party at the time of entry into force of this Convention for that State Party.

(a)
In such cases, upon entry into force of this Convention for the two States Parties, the first State Party is strongly encouraged to provide, inter alia, technical, financial, material or human resources assistance to The other State Party, either on a bilateral basis or through a mutually agreed third party, including through the United Nations system or other relevant organizations, in order to facilitate the marking, abduction and The destruction of these remnants of cluster munitions.
(b)
This assistance will include, when available, information on the types and quantities of cluster munitions used, the precise locations of the impacts of cluster munitions and the areas in which the presence of Remains of cluster munitions is established.

5. If a State Party does not believe that it can remove and destroy all remains of cluster munitions referred to in subs. 1 of this Article, or to ensure their removal and destruction, within ten years of the entry into force of this Convention for that State Party, it may submit to the Assembly of States Parties or to a Review Conference A request for an extension of the time limit for the removal and complete destruction of the remains of cluster munitions, for a period not exceeding five years. The request for an extension shall not exceed the number of years strictly necessary for the fulfilment by that State of its obligations under s. 1 of this article.

6. Any request for an extension shall be submitted to an Assembly of the States Parties or to a Review Conference before the expiration of the time limit referred to in subs. 1 of this article for that State Party. A request for an extension must be submitted at least nine months before the meeting of the Assembly of States Parties or the Review Conference to consider the request. The application must include:

(a)
Duration of the proposed extension;
(b)
Detailed explanations of the reasons for the proposed extension, including the financial and technical means available to the State Party and which are required by the State party to carry out the removal and destruction of all remains Cluster munitions during the proposed extension;
(c)
The preparation of future work and the state of progress of those already carried out under the national clean-up and demining programmes during the initial ten-year period referred to in subs. 1 of this section and in subsequent extensions;
(d)
The total area of the area containing remains of cluster munitions at the time of entry into force of this Convention for that State Party and any other area containing remains of cluster munitions discovered after that Coming into force;
(e)
The total area of the area containing remains of submunitions cleared after the entry into force of this Convention;
(f)
The total area of the area containing remains of submunitions remaining to be remediated during the proposed extension;
(g)
The circumstances which limited the capacity of the State Party to destroy all remains of cluster munitions located in areas under its jurisdiction or control during the initial ten-year period mentioned in subs. 1 of this article and those which may prevent the State from doing so during the proposed extension;
(h)
The humanitarian, social, economic and environmental consequences of the proposed extension; and
(i)
Any other relevant information relating to the proposed extension.

7. The Assembly of States Parties, or the Review Conference, taking into account the factors set out in subs. 6 of this article, including, inter alia, the quantity of remains of specified cluster munitions, evaluates the request and decides by a majority of the States Parties present and voting whether or not to grant the extension period. The States Parties, if appropriate, may decide to grant a shorter extension than the one requested and may propose criteria for the extension.

8. Such an extension may be renewed for a period of not more than five years upon submission of a new application in accordance with s. 5, 6 and 7 of this article. The State Party shall attach to its request for further extension additional relevant information on what has been undertaken during the period of prior extension granted under this Article.

Art. 5 Assistance to victims

Each State Party shall provide adequate and adequate supply to the victims of cluster munitions in the areas under its jurisdiction or control, and in accordance with international humanitarian law and applicable international human rights law, Assistance taking into account age and gender, including medical care, rehabilitation and psychological support, and social and economic integration. Each State Party will make every effort to collect reliable data relevant to the victims of cluster munitions.

2. In fulfilling its obligations under subs. 1 of this Article, each State Party shall:

(a)
To assess the needs of the victims of the weapons;
(b)
Develop, implement and enforce all necessary national regulations and policies;
(c)
Develop a national plan and budget, including the estimated time required to carry out those activities, with a view to integrating them into frameworks and mechanisms relating to disability, development and human rights, while respecting the The specific role and contribution of relevant actors;
(d)
Undertake actions to mobilize national and international resources;
(e)
Do not discriminate against or among the victims of cluster munitions, or between the victims of cluster munitions and those who have suffered from injury or disability resulting from other causes; Treatment must be based solely on medical, rehabilitation, psychological or social-economic needs;
(f)
Consult closely and actively involve the victims and the organizations representing them;
(g)
To designate a point of contact within the Government for the coordination of matters relating to the implementation of this Article; and
(h)
Strive to integrate relevant guidelines and good practices, including in the areas of medical care and rehabilitation, psychological support, and social and economic integration.
Art. 6 International cooperation and assistance

1. In fulfilling its obligations under this Convention, each State Party shall have the right to seek and receive assistance.

2. Each State Party which is in a position to do so shall provide technical, material and financial assistance to States Parties affected by cluster munitions, with the aim of implementing the obligations of this Convention. Such assistance may be provided, inter alia, through United Nations bodies, international, regional or national organizations or institutions, non-governmental organizations or institutions or on a bilateral basis.

Each State Party undertakes to facilitate the widest possible exchange of equipment, and scientific and technological information concerning the application of this Convention and has the right to participate in such an exchange. The States Parties shall not impose any undue restrictions on the supply, reception, humanitarian, clean-up or other equipment, as well as technological information relating to such equipment.

4. In addition to any obligation it may have under s. 4 of Art. 4 of this Convention, each State Party which is in a position to do so shall provide assistance in the clean-up and destruction of the remains of cluster munitions, as well as information concerning various means and technologies of The clean-up of cluster munitions, and lists of experts, specialized agencies or national contact points in the area of the clean-up and destruction of cluster munitions and related activities.

5. Each State Party that is in a position to do so will provide assistance for the destruction of stockpiles of cluster munitions and will also provide assistance in identifying, assessing and prioritizing the needs and practical measures related to the Marking, education for risk reduction, protection of civilians, pollution control and destruction under s. 4 of this Convention.

6. When, after the entry into force of this Convention, cluster munitions have become remnants of cluster munitions located in areas under the jurisdiction or control of a State Party, each State Party shall be able to To do so will immediately provide emergency assistance to the affected State Party.

7. Each State Party which is in a position to do so shall provide assistance in the implementation of the obligations referred to in Art. 5 of the present Convention, to provide adequate and adequate assistance to all victims of cluster munitions, taking into account age and gender, including medical care, rehabilitation, support Social and economic integration. Such assistance may be provided, inter alia, through United Nations agencies, international, regional or national organizations or institutions, the International Committee of the Red Cross, National Societies Red Cross and Red Crescent Societies and their International Federation, non-governmental organizations or on a bilateral basis.

8. Each State Party that is in a position to do so will provide assistance to contribute to the necessary economic and social recovery as a result of the use of cluster munitions in the affected States Parties.

Each State Party which is in a position to do so may provide relevant trust funds with a view to facilitating the provision of assistance under this Article.

Each State Party seeking or receiving assistance shall take appropriate steps to facilitate the timely and effective implementation of this Convention, including the facilitation of the entry and exit of the Staff, equipment and equipment in a manner consistent with national laws and regulations, taking into account international best practices.

11. Each State Party may, in order to develop a national plan of action, request United Nations bodies, regional organizations, other States Parties or other intergovernmental or non-governmental institutions To assist its authorities in determining, inter alia:

(a)
The nature and extent of the remains of cluster munitions in areas under its jurisdiction or control;
(b)
The financial, technological and human resources required to implement the plan;
(c)
The estimated time required to clean up and destroy all remains of cluster munitions in the areas under its jurisdiction or control;
(d)
Education programs for risk reduction and awareness-raising activities to reduce the number of injuries or loss of life caused by the remains of arms to sub-munitions;
(e)
Assistance to victims of sub-munitions; and
(f)
The coordinating relationship between the government of the State Party concerned and the relevant governmental, intergovernmental or non-governmental entities involved in the implementation of the plan.

States Parties which provide or receive assistance under this Article shall cooperate with a view to ensuring the timely and complete implementation of the agreed assistance programmes.

Art. 7 Transparency measures

Each State Party shall submit to the Secretary-General of the United Nations, as soon as possible and, in any event, no later than 180 days after the entry into force of this Convention for that State Party, a report on:

(a)
National enforcement measures referred to in s. 9 of this Convention;
(b)
The total of all cluster munitions, including explosive submunitions, referred to in subs. 1 of the art. 3 of this Convention, including a breakdown by type, quantity and, if possible, by lot number for each type;
(c)
The technical characteristics of each type of cluster munitions produced by that State Party prior to the entry into force of the Convention for that State, to the extent that they are known, as well as those of which the State Party is Currently the owner or holder, indicating, to the extent possible, the type of information that can facilitate the identification and removal of arms to the sub-munitions; this information will include at least the dimensions, type Light, explosive and metal contents, colour photographs and any other Intelligence that may facilitate the removal of the remains of arms to submunitions;
(d)
The state and progress of programmes for the conversion or decommissioning of weapons production facilities at the sub-munitions;
(e)
The status and progress of destruction programs in accordance with s. 3 of this Convention, cluster munitions, including explosive submunitions, with details of the methods to be used for the destruction, the location of all destruction sites and the standards to be met in Safety and environmental protection;
(f)
The types and quantities of cluster munitions, including explosive submunitions, destroyed in accordance with Art. 3 of this Convention, with details of the methods of destruction that have been used, the location of the destruction sites and the standards observed in the field of safety and environmental protection;
(g)
Stockpiles of cluster munitions, including explosive submunitions, discovered after the announced completion of the program referred to in para. (e) of this subsection, and the projects for their destruction in accordance with s. 3 of this Convention;
(h)
To the extent possible, the area and location of all areas contaminated by cluster munitions under its jurisdiction or control, with as much detail as possible on the type and quantity of each type of remains Cluster munitions in each of the affected areas and the date of their employment;
(i)
The status and progress of the abatement and destruction programmes for all types and quantities of remains of cluster munitions removed and destroyed in accordance with art. 4 of this Convention, to include the area and location of the area contaminated by cluster munitions and decontamination, with a breakdown of the quantity of each type of cluster munition remains removed and destroyed;
(j)
Measures taken to provide education for risk reduction and, in particular, to promptly and effectively alert civilian persons living in areas contaminated by cluster munitions and Under its jurisdiction or control where there are remains of arms to sub-munitions;
(k)
The status and progress of the implementation of its obligations under s. 5 of this Convention for the adequate provision of assistance to victims of cluster munitions, taking into account age and gender, medical care, rehabilitation, psychological support and integration Social and economic, as well as to collect relevant and reliable data on victims of sub-munitions;
(l)
The name and contact information of the institutions mandated to provide the information and take the measures described in this paragraph;
(m)
The amount of national resources, including financial, material or in-kind resources devoted to the implementation of art. 3, 4 and 5 of this Convention; and
(n)
The quantities, types and destinations of international cooperation and assistance provided under Art. 6 of this Convention.

2. The States Parties shall update annually, covering the last calendar year, the information provided in accordance with paragraph 1. 1 of this article and shall communicate them to the Secretary-General of the United Nations no later than 30 April each year.

The Secretary-General of the United Nations shall transmit all reports received to the States Parties.

Art. 8 Assistance and clarification of compliance with the provisions of the Convention

States Parties agree to consult and cooperate on the implementation of the provisions of this Convention and to work in a spirit of cooperation in order to facilitate compliance by States Parties with obligations Arising from the present Convention.

2. If one or more States parties wish to clarify matters relating to compliance with the provisions of this Convention by another State Party, and seek to respond to them, they may submit, through the Secretary-General Of the United Nations, a request for clarification on these matters to that State Party. This application will be accompanied by all appropriate information. States Parties shall refrain from requests for unfounded clarifications, with the aim of avoiding any abuse. The State Party receiving a request for clarification will provide the requesting State Party, through the Secretary-General of the United Nations, with all information that would help to clarify these issues within 28 days.

3. If the requesting State Party does not receive a response through the Secretary-General of the United Nations within that period, or considers the response to the request for clarification unsatisfactory, it may refer the matter to the next Assembly States parties through the Secretary-General of the United Nations. The Secretary-General of the United Nations shall transmit this request, together with all relevant information relating to the request for clarification, to all States Parties. All such information shall be transmitted to the requested State Party, which shall have the right to formulate an answer.

4. Pending the convening of an Assembly of States Parties, any State Party concerned may request the Secretary-General of the United Nations to exercise its good offices in order to facilitate the presentation of the requested clarifications.

5. Where a question has been referred to it in accordance with subs. 3 of this Article, the Assembly of States Parties shall first determine whether it is necessary to consider the matter further, taking into account all the information submitted by the States Parties concerned. If further consideration is necessary, the Assembly of States Parties may recommend to the States Parties concerned measures and means to further clarify or resolve the matter under consideration, including the opening of the Appropriate procedures in accordance with international law. Where the problem raised is attributable to circumstances beyond the control of the requested State Party, the Assembly of States Parties may recommend appropriate measures, including the use of the cooperation measures referred to in Art. 6 of this Convention.

6. In addition to the procedures provided for in s. 2 to 5 of this Article, the Assembly of States Parties may, in order to clarify respect, including the facts, and to resolve cases of non-compliance with the provisions of this Convention, decide to adopt all other general procedures Or the specific mechanisms it deems necessary.

Art. National implementation measures

Each State Party shall take all necessary legislative, regulatory and other measures to implement this Convention , Including the imposition of criminal sanctions to prevent and suppress any activity prohibited to a State Party under this Convention, which would be carried out by persons, or within a territory, under its jurisdiction or control.

Art. 10 Dispute Settlement

1. In the event of a dispute between two or more States Parties concerning the interpretation or application of this Convention, the States Parties concerned shall consult with a view to a speedy resolution of the dispute through negotiation or by all Other peaceful means of their choice, including recourse to the Assembly of States Parties and referral to the International Court of Justice in accordance with the Statute of this Court.

2. The Assembly of States Parties may contribute to the settlement of the dispute by any means it deems appropriate, in particular by offering its good offices, by inviting the States Parties to the dispute to initiate the settlement procedure of their choice and Recommending a limit to the duration of the agreed procedure.

Art. 11 Assembly of States Parties

1. The States Parties shall meet regularly to consider any matter concerning the implementation or implementation of this Convention and, if necessary, take a decision, including:

(a)
The operation and status of this Convention;
(b)
The issues raised in the reports submitted under the provisions of this Convention;
(c)
International cooperation and assistance in accordance with art. 6 of this Convention;
(d)
The development of technology for the clean-up of the remains of weapons at submunitions;
(e)
The requests of States parties under Art. 8 and 10 of this Convention; and
(f)
The requests of the States parties provided for in Art. 3 and 4 of this Convention.

2. The Secretary-General of the United Nations shall convene the first Assembly of the States Parties within one year of the entry into force of this Convention. The Secretary-General of the United Nations shall convene the subsequent Assemblies annually until the first Review Conference.

3. States not party to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and relevant non-governmental organizations may be invited to attend such meetings as observers, in accordance with the agreed rules of procedure.

Art. 12 Review Conferences

The Secretary-General of the United Nations shall convene a Review Conference five years after the entry into force of this Convention. The subsequent Review Conferences shall be convened by the Secretary-General of the United Nations if requested by one or more States Parties, provided that the interval between the Review Conferences is not less than five years. All States Parties to this Convention shall be invited to each Review Conference.

2. The purpose of the Review Conference is to:

(a)
Examine the operation and status of this Convention;
(b)
To assess the need to convene additional Assemblies of the States Parties referred to in subs. 2 of the art. 11, and to determine the interval between these conferences; and
(c)
To make decisions concerning the requests of States parties under Art. 3 and 4 of this Convention.

3. States not party to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross , The International Federation of Red Cross and Red Crescent Societies and relevant non-governmental organizations may be invited to attend each Review Conference as observers in accordance with the Rules of Procedure Agreed upon.

Art. 13 Amendments

1. A State Party may propose amendments to this Convention at any time after its entry into force. Any proposed amendment shall be communicated to the Secretary-General of the United Nations, who shall circulate it to all States Parties and shall gather their views on the desirability of convening an Amendment Conference for Review the proposal. If a majority of the States Parties notify the Secretary-General of the United Nations, no later than 90 days after the proposal has been circulated, that they are in favour of further consideration, the Secretary-General of the United Nations shall The United Nations will convene an Amendment Conference to which all States Parties will be invited.

2. States not party to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and relevant non-governmental organizations may be invited to attend each Amendment Conference as observers in accordance with the agreed rules of procedure.

3. The Amendment Conference shall be held immediately after an Assembly of the States Parties or a Review Conference, unless a majority of the States Parties requests that it be held earlier.

4. Any amendment to this Convention shall be adopted by a two-thirds majority of the States Parties present and voting at the Amendment Conference. The Depositary shall communicate any amendment thus adopted to all States.

5. An amendment to this Convention shall enter into force, for the States Parties which have accepted this amendment, at the time of the deposit of acceptance by a majority of the States Parties to the Convention at the time of the adoption of the amendment. Thereafter, it shall enter into force for any other State Party at the date of the deposit of its instrument of acceptance.

Art. 14 Administrative Costs and Tasks

The costs of the Assemblies of the States Parties, the Review Conferences and the Amendment Conferences shall be borne by the States Parties and the States not party to this Convention participating in such Assemblies or Conferences as Duly adjusted scale of assessments of the United Nations.

2. Costs incurred by the Secretary-General of the United Nations under s. 7 and 8 of this Convention shall be borne by the States Parties in accordance with the duly adjusted scale of assessments of the United Nations.

(3) The implementation by the Secretary-General of the United Nations of administrative tasks assigned to it under this Convention shall be subject to an appropriate mandate of the United Nations.

Art. 15 Signature

This Convention, made in Dublin on 30 May 2008, shall be open for signature by all States in Oslo on 3 December 2008 and thereafter at the United Nations Headquarters in New York until its entry into force.

Art. 16 Ratification, acceptance, approval or accession

(1) This Convention shall be subject to ratification, acceptance or approval by Signatories.

2. This Convention shall be open for accession by any non-signatory State.

3. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.

Art. 17 Entry into force

(1) This Convention shall enter into force on the first day of the sixth month following that in which the thirtieth instrument of ratification, acceptance, approval or accession has been deposited.

2. For any State which deposits its instrument of ratification, acceptance, approval or accession after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force On the first day of the sixth month after the date on which that State has deposited its instrument of ratification, acceptance, approval or accession.

Art. 18 Provisional application

A State may, at the time of ratification, acceptance, approval or accession to this Convention, declare that it shall apply, provisionally, art. 1 of this Convention pending its entry into force for that State.

Art. 19 Reservations

The articles of this Convention shall not be subject to reservations.

Art. Duration and withdrawal

(1) This Convention shall be of unlimited duration.

(2) Each State Party shall have the right, in the exercise of its national sovereignty, to withdraw from this Convention. It shall notify all other States Parties, the Depositary and the United Nations Security Council of this withdrawal. This instrument of withdrawal shall include a full explanation of the reasons for the withdrawal.

The withdrawal shall not take effect until six months after receipt of the instrument of withdrawal by the Depositary. However, if, at the end of those six months, the withdrawing State party is engaged in an armed conflict, the withdrawal will not take effect until the end of the armed conflict.

Art. Relations with States not party to the Convention

Each State Party shall encourage the States not party to this Convention to ratify, accept, approve or accede to it, with the aim of encouraging the participation of all States in this Convention.

(2) Each State shall notify the Governments of all States not party to this Convention referred to in s. 3 of this article its obligations under this Convention, promotes the standards it establishes and makes every effort to discourage States not party to this Convention from using cluster munitions.

3. Notwithstanding the provisions of Art. 1 of this Convention, and in accordance with international law, States Parties, their military personnel or their nationals may engage in military cooperation and operations with States not party to this Convention Convention which may be engaged in activities prohibited to a State Party.

4. Nothing in par. 3 of this Article shall not authorise a State Party to:

(a)
Develop, produce or otherwise acquire sub-munitions;
(b)
To be stockpilers of cluster munitions or to transfer them;
(c)
Use weapons in the form of sub-munitions; or
(d)
Expressly request the use of such munitions in cases where the choice of munitions used is under its exclusive control.
Art. Depositary

The Secretary-General of the United Nations shall be hereby designated as the Depositary of this Convention.

Art. Authentic texts

The texts of this Convention in Arabic, Chinese, English, French, Russian and Spanish are also authentic.

(Suivent signatures)

Scope of application September 17, 2015 5

States Parties

Ratification

Accession (A)

Entry into force

Afghanistan

8 September

2011

1 Er March

2012

South Africa

28 May

2015

1 Er November

2015

Albania

June 16

2009

1 Er August

2010

Germany

July 8

2009

1 Er August

2010

Andorra

April 9

2013 A

1 Er October

2013

Antigua and Barbuda

August 23

2010

1 Er February

2011

Australia

8 October

2012

1 Er April

2013

Austria

2 April

2009

1 Er August

2010

Belgium *

22 December

2009

1 Er August

2010

Belize *

2 September

2014 A

1 Er March

2015

Bolivia

April 30

2013

1 Er October

2013

Bosnia and Herzegovina

7 September

2010

1 Er March

2011

Botswana

27 June

2011

1 Er December

2011

Bulgaria

April 6

2011

1 Er October

2011

Burkina Faso

February 16

2010

1 Er August

2010

Burundi

September 25

2009

1 Er August

2010

Cameroon

July 12

2012

1 Er January

2013

Canada *

March 16

2015

1 Er September

2015

Cape Verde

19 October

2010

1 Er May

2011

Chile

16 December

2010

1 Er June

2011

Colombia *

10 September

2015

1 Er March

2016

Comoros

28 July

2010

1 Er January

2011

Congo (Brazzaville)

2 September

2014

1 Er March

2015

Costa Rica

28 April

2011

1 Er October

2011

Croatia

August 17

2009

1 Er August

2010

Côte d' Ivoire

12 March

2012

1 Er September

2012

Denmark A

12 February

2010

1 Er August

2010

El Salvador *

10 January

2011

1 Er July

2011

Ecuador

11 May

2010

1 Er November

2010

Spain

17 June

2009

1 Er August

2010

Fiji

28 May

2010

1 Er November

2010

France

September 25

2009

1 Er August

2010

Ghana

3 February

2011

1 Er August

2011

Grenada

29 June

2011 A

1 Er December

2011

Guatemala

3 November

2010

1 Er May

2011

Guinea

21 October

2014

1 Er April

2015

Guinea-Bissau

29 November

2010

1 Er May

2011

Guyana

October 31

2014 A

1 Er April

2015

Honduras

21 March

2012

1 Er September

2012

Hungary

3 July

2012

1 Er January

2013

Cook Islands

August 23

2011

1 Er February

2012

Iraq

14 May

2013

1 Er November

2013

Ireland

3 December

2008

1 Er August

2010

Iceland

August 31

2015

1 Er February

2016

Italy

21 September

2011

1 Er March

2012

Japan

July 14

2009

1 Er August

2010

Laos

18 March

2009

1 Er August

2010

Lesotho

28 May

2010

1 Er November

2010

Lebanon

5 November

2010

1 Er June

2011

Liechtenstein

March 4

2013

1 Er September

2013

Lithuania *

24 March

2011

1 Er September

2011

Luxembourg

10 July

2009

1 Er August

2010

Macedonia

8 October

2009

1 Er August

2010

Malawi

7 October

2009

1 Er August

2010

Mali

30 June

2010

1 Er December

2010

Malta

24 September

2009

1 Er August

2010

Mauritania

1 Er February

2012

1 Er August

2012

Mexico

6 May

2009

1 Er August

2010

Moldova

February 16

2010

1 Er August

2010

Monaco

21 September

2010

1 Er March

2011

Montenegro

25 January

2010

1 Er August

2010

Mozambique

March 14

2011

1 Er September

2011

Nauru

4 February

2013

1 Er August

2013

Nicaragua

2 November

2009

1 Er August

2010

Niger

2 June

2009

1 Er August

2010

Norway *

3 December

2008

1 Er August

2010

New Zealand B

22 December

2009

1 Er August

2010

Palestine

2 January

2015 A

1 Er July

2015

Panama

29 November

2010

1 Er May

2011

Paraguay

12 March

2015

1 Er September

2015

Netherlands

23 February

2011

1 Er August

2011

Caribbean (Bonaire, Sint Eustatius and Saba)

23 February

2011

1 Er August

2011

Peru

26 September

2012

1 Er March

2013

Portugal

March 9

2011

1 Er September

2011

United Kingdom

4 May

2010

1 Er November

2010

Isle of Man

21 February

2014

21 February

2014

Dominican Republic

20 December

2011

1 Er June

2012

Czech Republic

22 September

2011

1 Er March

2012

Rwanda

August 25

2015

1 Er February

2016

Saint Kitts and Nevis

13 September

2013 A

1 Er March

2014

San Marino

10 July

2009

1 Er August

2010

Holy See *

3 December

2008

1 Er August

2010

Saint Vincent and the Grenadines

29 October

2010

1 Er May

2011

Samoa

28 April

2010

1 Er October

2010

Seychelles

20 May

2010

1 Er November

2010

Sierra Leone

3 December

2008

1 Er August

2010

Slovakia

24 July

2015 A

1 Er January

2016

Slovenia

19 August

2009

1 Er August

2010

Somalia

September 30

2015

1 Er March

2016

Switzerland *

17 July

2012

1 Er January

2013

Sweden

April 23

2012

1 Er October

2012

Swaziland

13 September

2011 A

1 Er March

2012

Senegal

August 3

2011

1 Er February

2012

Chad

26 March

2013

1 Er September

2013

Togo

22 June

2012

1 Er December

2012

Trinidad and Tobago

21 September

2011 A

1 Er March

2012

Tunisia

28 September

2010

1 Er March

2011

Uruguay

24 September

2009

1 Er August

2010

Zambia

August 12

2009

1 Er August

2010

*
Reservations and declarations.
Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.
A
The Convention does not apply to the Faroe Islands.

B The Convention does not apply to Tokelau.

Statement

Switzerland

Art. 18

Switzerland will provisionally apply Art. 1, para. 1, let. Of the Convention until the entry into force of the Convention for Switzerland.


RO 2012 5385 ; FF 2011 5495


1 RO 2012 5383
2 RS 0.515.092
3 RS 0.515.091.4
4 RS 0.515.091
5 RO 2012 5385 , 2013 2093, 2015 697 3841. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on September 17, 2015