Rs 0.515.093 May 30, 2008 On Cluster Munitions Convention

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 entered into in Dublin on 30 May 2008 approved by the Federal Assembly on 16 March 2012, Instrument of ratification deposited on 17 July 2012 entry into force for Switzerland on 1 January 2013 (State on September 17, 2015) by the Switzerland States parties to this Convention, deeply concerned by the fact that the civilian population and civilians continue to be the most affected by the conflict armed determined to definitively put an end to the suffering and loss of human life caused by the use of cluster munitions at the time of their jobs, when they do not work as expected or when they are abandoned, concerned by the fact that the remains of cluster munitions kill or maim civilians, including women and children, hinder economic and social development including the loss of livelihoods, are barriers to rehabilitation and post-conflict reconstruction, delay or prevent the return of refugees and people displaced within their own country, can have an adverse impact on national and international efforts in the areas of establishing peace and humanitarian assistance and have other serious consequences that can persist for many years after the use of these weapons deeply concerned also about the dangers of important national stockpile cluster munitions retained for operational use and determined to ensure the quick destruction of these stocks, convinced that it is necessary to actually contribute effectively and coordinated to solve the problem of the abduction remains of cluster munitions scattered across the world and ensure the 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 the victims of cluster munitions, taking into consideration the age and gender, and to address the special needs of vulnerable groups, bearing in mind the Convention on the rights of the disabled, which requires, among other things, that the States parties to this convention undertake to ensure and promote the full enjoyment of all the rights of man and fundamental freedoms by all persons with disabilities without discrimination based on the disabilities, aware of the need to coordinate adequately the efforts undertaken in various forums to discuss the rights and needs of victims of different types of weapons, and resolved to avoid any discrimination among victims of different types of weapons, reaffirming that, in cases not covered by the present Convention or by other international agreements, civilians and combatants remain under the protection of the principles of the law of Nations as they are the result of established practices, of the principles of humanity and the dictates of public conscience, resolved also to that the 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 this Convention, welcoming great international support for the international rule prohibiting anti-personnel mines enshrined in the 1997 Convention on the prohibition of employment, storage, production and transfer of anti-personnel mines and on their destruction, welcoming also the adoption of the Protocol on explosive remnants of war, annexed to the Convention on the prohibition or restrictions on the use of certain conventional weapons which may be considered as producing excessive traumatic effects or as striking without discrimination , and its entry into force on 12 November 2006, and eager to improve the protection of civilians against the effects of the remnants of cluster munitions in the situations of post-conflict, bearing in mind also resolution 1325 of the Security Council of the United Nations on women, peace and security and the resolution 1612 of the Security Council of the United Nations on children in conflict armed , welcoming on the other hand the measures taken at the national, regional and global levels in recent years to ban, restrict or suspend the use, storage, production and transfer of cluster munitions, stressing the role of the awareness in the advancement of 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 to that end by the United Nations , the international Committee of the Red Cross, the Coalition against cluster munitions and of many other NGOs from around the world, reaffirming the Declaration of the Oslo Conference on cluster munitions, which States, among other things, recognized the serious consequences caused by the use of cluster munitions and pledged to conclude by 2008 , a legally binding instrument that would prohibit the use, production, transfer and storage of cluster munitions that cause unacceptable harm to civilians, and that would establish a framework of cooperation and assistance ensuring sufficiently providing care to victims and their rehabilitation, the clean-up of contaminated areas, education on risk reduction and destruction of stocks Stressing the usefulness to the accession of all States to this Convention and determined to work vigorously to encourage universalization and full implementation, based on the principles and rules of international humanitarian law, particularly the principle according to which the right of the parties to a conflict armed to choose methods or means of warfare is not unlimited , and the rules that require the parties to a conflict must at all times distinguish between the civilian population and combatants as well as between civilian property and military objectives and, therefore, not direct their operations only against military objectives. that military operations must be conducted by constantly ensuring to spare the civilian population, civilians and civilian property. and that the civilian population and civilians enjoy general protection against dangers arising from military operations, have agreed to the following: art. 1 General obligations and scope of application 1. Each State party undertakes to never, under any circumstances: (a) use of cluster munitions; (b) put to develop, produce, acquire in any other way, store, retain or transfer to anyone, directly or indirectly, cluster munitions; (c) to assist, encourage or induce anyone to engage in any activity prohibited to a State party under this Convention.

2. the by. 1 of the present article shall apply, mutatis mutandis, to the explosive bomblets that are specifically designed to be dispersed or released to a disperser attached to an aircraft.
3. this Convention does not apply to mines.

Art. 2 definitions for the purposes of this Convention: 1. "victims of cluster munitions" means all people who have been killed or suffered physical or psychological injury, material loss, social marginalization or substantial impairment to the enjoyment of their rights as a result of the use of cluster munitions; the victims of cluster munitions include those directly affected by the weapons munitions, their family and their community affectees.2. The term "weapon cluster munitions" means a conventional munition that is designed to disperse or release explosive submunitions which each weighs less than 20 kilograms, and includes those explosive submunitions. It does not: (a) a munition or submunition designed to launch illuminating devices, bombs, pyrotechnic Fireworks, decoys, or a munition designed exclusively for purposes of anti-aircraft defence; (b) a munition or submunition designed to produce effects or electronic; (c) a munition that, in order to avoid effects indiscriminate on an area and the risks posed by unexploded submunitions , has all the following characteristics: (i) each munition contains fewer than 10 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 of self-deactivation.


3. "explosive submunition" means a conventional munition that, to perform its function, is dispersed or released by a cluster munitions gun and is designed to function by detonating an explosive charge prior to impact, on impact, or after it.

4 means 'weapon munitions having missed' a weapon cluster munitions which was fired, dropped, launched, projected or triggered in any other way and which should have dispersed or released its explosive submunitions but did not fait.5. "Unexploded submunition" means an explosive submunition that has been dispersed or released by a cluster munitions gun, or it is separated from any other way and which should have detonated but did not fait.6. Means "abandoned cluster munitions weapons" weapons cluster munitions or explosive submunitions that have not been used and were left on-site or discarded, and are no longer under the control of the party that left them on place or thrown. Abandoned cluster munitions may have been prepared for employment or non.7. "Remains of cluster munitions" means having failed cluster munitions, abandoned cluster munitions, unexploded submunitions and the explosive bomblets no explosees.8. "Transfer" involves, in addition to the material removal of cluster munitions from the territory of a State or their material introduction in that of another State, the transfer of the right of ownership and control over these weapons munitions, but not the transfer of territory containing remnants of sous-munitions.9 firearms. "Self-destruction mechanism" means a mechanism to automatic operation incorporated to the ammunition, which adds to the original ammunition firing mechanism, and which ensures the destruction of the ammunition which is incorpore.10. Means "self-deactivation" the automatic process that makes the inoperative ammunition by the irreversible exhaustion of a component, for example a battery, essential to the operation of the munition.11. "Area contaminated by cluster munitions" means an area where the presence of remnants of cluster munitions is proven or soupconnee.12. Means "mine" a device designed to be placed under or on the ground or another surface, or nearby, and to explode as a result of the presence, proximity or contact of a person or a vehicule.13. "Small explosive bomb" means a conventional munition, weighing less than 20 kilograms, which is not self-propelled and is dispersed or released by a disperser to fulfill its function, and that is designed to function by detonating an explosive charge prior to impact, on impact, or after this. 14. By "disperseur" means a container that is designed to disperse or release explosive bomblets and which remains fixed on an aircraft at the time where these bombs are scattered or liberees.15. It means "small explosive unexploded bomb" a small explosive bomb that has been dispersed, released by a disperser which is separated from any other way or to explode but did not.

Art. 3 storage and destruction of stockpiles 1. Each State party, in accordance with national regulations, separate all cluster munitions weapons under its jurisdiction and control from munitions retained for operational employment and will mark them for the purpose of their destruction.
2. each State party undertakes to destroy all weapons munitions mentioned in the by. 1 of this article, or to ensure their destruction as soon as possible, and no later than eight years after the entry into force of this Convention for that State party. Each State party undertakes to ensure that destruction methods comply with international standards for the protection of public health and the environment.
3. If a State party does not have to be able to destroy all the weapons munitions referred to the by. 1 of the present article, or ensure their destruction, in the eight-year period following the entry into force of this Convention for that State party, it can apply to an Assembly of States parties or a review Conference for extension, up to four years, the deadline for the complete of these weapons munitions destruction. A State party may, in exceptional circumstances, request additional extensions during more than four years. Requests for extensions shall not exceed the number of years strictly necessary for execution by the State of its obligations under the terms of the by. 2 of the present article.
4. the extension request must include: (a) the duration of the proposed extension; (b) a detailed explanation for the proposed extension, including the financial and technical means available to the State party, or which are required by this one to proceed with the destruction of all weapons munitions referred to the by. 1 of the present article, and, if necessary, the exceptional circumstances justifying the extension; (c) a plan setting out the terms of stockpile destruction and the date on which it will be completed; (d) the quantity and type of weapons, cluster munitions and explosive submunitions held at the entry into force of this Convention for that State party, and other weapons to cluster munitions and explosive submunitions discovered after entry into force; (e) the amount and type cluster munitions and explosive submunitions, destroyed during the period mentioned in the by. 2 of this section; and (f) the quantity and type of cluster munitions and explosive submunitions remaining to destroy during the proposed extension and the pace of planned annual destruction.

5. the Assembly of States parties or the Review Conference, taking into account the factors set out in the by. 4 of this article, assess the request and decide by a majority of States parties present and voting to grant or not the extension period. States parties, where appropriate, may decide to grant an extension shorter than requested and may propose criteria for the extension. A request for extension must be submitted at least nine months before the meeting of the Assembly of States parties or the Review Conference to consider this request.
6. Notwithstanding the provisions of art. 1 of this Convention, conservation or the acquisition of a limited number of cluster munitions and explosive submunitions for the development and training related to the detection techniques, removal or destruction of the weapons, cluster munitions and explosive submunitions, or for the development of countermeasures relating to cluster munitions, are permitted. The amount of explosive submunitions retained or acquired shall not exceed the minimum number absolutely necessary for these purposes.
7. Notwithstanding the provisions of art. 1 of the Convention, the transfer of cluster munitions to another State party for the purpose of their destruction, or for all the purposes described in the by. 6 of this article, is allowed.
8. States parties retaining, acquiring or transferring weapons cluster munitions or explosive submunitions for the purposes described in the by. 6 and 7 of this section shall submit a detailed report on the use current and proposed these weapons to cluster munitions and explosive submunitions, as well as their type, quantity and batch number. If arms to cluster munitions and explosive submunitions are transferred for these purposes in another State party, the report should include a reference to the State party receiving them. This report shall be prepared for each year during which a State party has retained, acquired or transferred cluster munitions or explosive submunitions weapons, and be transmitted to the Secretary-General of the United Nations no later than April 30 of the following year.

Art. 4 decontamination and destruction of the remains of cluster munitions and 1 risk reduction education. Each State party undertakes to remove and destroy the remnants of cluster munitions in areas contaminated by weapons and cluster munitions under its jurisdiction or control, or to ensure their removal and destruction, as follows: (a) where the remains of cluster munitions are located in areas under its jurisdiction or control at the date of the entry into force of this Convention for that State party , this removal and this destruction will be completed as soon as possible, but no later than ten years after that date; (b) when, after the entry into force of this Convention for that State party, cluster munitions have become remnants of cluster munitions located in areas under its jurisdiction or control, this removal and destruction must be completed as soon as possible but no later than ten years after the end of active hostilities during which these weapons munitions have become remnants of cluster munitions; and (c) when it will run one or the other of the obligations set out in paras. (a) and (b) of this paragraph, that State party will present a declaration of conformity to the Assembly of States parties next.


2. in fulfilling the obligations set out in the by. 1 of this article, each State party will take promptly the following measures, taking into account the provisions of art. 6 of the Convention relating to cooperation and assistance international: (a) proceed to the examination of the threat posed by the remnants of cluster munitions, evaluate it, save information about, making every effort to identify all areas contaminated by cluster munitions and that are under its jurisdiction or control; (b) assess and prioritize needs in terms of marking protection of the civilian population, destruction and clean-up, and make arrangements to mobilize resources and develop a national plan for the implementation of these activities, based, where appropriate, on the structures, experiences and existing methodologies; (c) to take all possible steps to ensure that all areas under its jurisdiction or control contaminated by cluster munitions are marked throughout their perimeter monitored and protected by fencing or other means to effectively prevent civilians from entering. Warning signals using methods of marking readily recognizable by the affected community should be used to mark areas suspected of being dangerous. Signals and other devices of marking the boundaries of a dangerous area should as far as possible be visible, legible, durable and resistant to environmental effects and should clearly identify which side of the boundaries is the area contaminated by cluster munitions and which side considered that there is no danger; (d) remove and destroy all remnants of cluster munitions within areas under its jurisdiction or control; and (e) provide risk reduction education to sensitize civilians living inside or around the areas contaminated by cluster munitions to the dangers of these remains.

3. in the exercise of the activities mentioned in the by. 2 of this article, each State party will take into account international standards, including international mine action (IMAS, International Mine Action Standards).
4. this paragraph applies 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 cluster munitions in areas under the jurisdiction or control of another State at the time of the entry into force of this Convention for the latter.
(a) in such cases, upon the entry into force of the Convention for the two States parties, the first State party is strongly encouraged to provide, among other things, technical, financial, material or human resources to the other State party, either on a bilateral basis or through a third party chosen by mutual agreement, including through the United Nations or other relevant organizations in order to facilitate the marking, abduction and the destruction of these munitions remains. (b) such 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 remnants of cluster munitions is established.

5. If a State party does not have to be able to remove and destroy all remnants of cluster munitions referred to the by. 1 of the present article, or ensure their removal and destruction, within the period of ten years following the entry into force of this Convention for that State party, it may apply to the Assembly of States parties or a review Conference for an extension of the deadline for the removal and the complete destruction of these remnants of cluster munitions , for a period not exceeding five years. The request for extension shall not exceed the number of years strictly necessary to the execution by the State of its obligations under the by. 1 of the present article.
6. any request for extension will be submitted to a meeting of the States parties or a review Conference before the expiry of the period mentioned in the by. 1 of this article for that State party. A request for extension must be submitted at least nine months before the meeting of the Assembly of States parties or the Review Conference to consider this request. The request must include: (a) the duration of the proposed extension; (b) a detailed explanation of the reasons for the proposed extension, including the financial and technical means available to the State party and which are required by this one to proceed to the removal and destruction of all remnants of cluster munitions during the proposed extension; (c) the preparation of future work and the status of those already carried out under the national clean-up programmes and de-mining during the initial period of ten years in the by. 1 of this article and in the subsequent extensions; (d) the total area containing remnants of munitions at the time of the entry into force of this Convention for that State party and any other area containing remnants of cluster munitions discovered after such entry into force; (e) the total area of the area containing remnants of cluster munitions depolluted after the entry into force of this Convention; (f) the total of the area containing remnants of cluster munitions remaining to be cleared during the extension proposed; (g) the circumstances in which limited the ability of the State party to destroy all remnants of cluster munitions located in areas under its jurisdiction or its control during the initial period of ten years mentioned in the by. 1 of this article and those that could prevent the State during the extension proposed; (h) the consequences of humanitarian, social, economic and environmental extension proposed; 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 the by. 6 of this article, including without limitation, the amount remains of cluster munitions indicated, assessing the application and decides by a majority of States parties present and voting to grant or not the extension period. States parties, where appropriate, may decide to grant an extension shorter than requested and may propose criteria for the extension.
8. an extension may be renewed for a period of five years, upon a new application in accordance with the by. 5, 6 and 7 of this article. The State party join his request for additional extension of relevant additional information on what has been undertaken during the previous extension granted under this section.

Art. 5 assistance to victims 1. Each State party shall adequately to victims of weapons munitions in areas under its jurisdiction or control, and in accordance with international humanitarian law and the international law of human rights applicable, assistance taking into account age and gender, including medical care, rehabilitation and psychological support, as well as a social and economic integration. Each State party will make every effort to collect reliable relevant data concerning victims of cluster munitions.
2. in fulfilling its obligations in respect of the by. 1 of this article, each State party shall: (a) assess the needs of the victims of cluster munitions; (b) develop, implement and apply all regulations and policies required; (c) to develop a plan and a national budget, including time considered necessary to the realization of these activities, to integrate them in the frameworks and mechanisms for disability development and human rights, while respecting the specific role and contribution of relevant actors; (d) take action to mobilize national and international; (e) resources do not make discrimination against victims of weapons munitions among them, or between the victims of cluster munitions and the people who had suffered injuries or disabilities resulting from other causes; differences in treatment should be based only on medical needs, rehabilitation, psychological or social-economic; (f) consult closely and actively involve victims and organizations representing them; (g) designate a point of contact within the Government for the coordination of issues related to the implementation of the present article; and (h) strive to incorporate the guidelines and relevant practices, including in the areas of medical rehabilitation, psychological support, and social and economic integration.

Art. 6 cooperation and international assistance


1. in fulfilling its obligations under this Convention, each State party has the right to seek and receive assistance.
2. each State party that is able to provide technical, material and financial assistance to States parties affected by cluster munitions weapons, in order to implement the obligations of the Convention. This assistance can be provided, among other things, through United Nations agencies, international, regional and national institutions or organizations, non-governmental institutions or organizations or on a bilateral basis.
3. each State party undertakes to facilitate an exchange of the widest possible equipment, and scientific and technological information concerning the application of this Convention and has the right to participate in such an Exchange. States parties will not impose undue restrictions to the provision or reception, for humanitarian purposes, to clean-up or other equipment, and technological information relating to these facilities.
4. in addition to any obligations it may have by virtue of the by. 4 of art. 4 of this Convention, each State party that is able to provide assistance to pollution and destruction of the remnants of cluster munitions as well as information concerning various means and technologies of clean-up of cluster munitions, and lists of experts, specialized agencies or national contact points in the field of pollution and the destruction of the remains of weapons, munitions and related activities.
5. each State party that is able to do will provide assistance for the destruction of stockpiles of weapons to submunitions, and will also provide assistance to identify, assess and prioritize needs and practical measures related to branding, education on risk reduction, the protection of civilians, pollution and destruction provided for in art. 4 of the Convention.
6 when, after the entry into force of this Convention, cluster munitions have become remnants of cluster munitions in areas under the jurisdiction or control of a State party, each State party who is able to do will immediately provide emergency assistance to the State party affected.
7. each State party, which is in a position to do so will provide assistance aimed at the implementation of obligations, mentioned in art. 5 of this agreement, provide, sufficiently, to all the victims of cluster munitions assistance taking into account age and gender, including medical care, rehabilitation and psychological support, as well as a social and economic integration. This assistance can be provided, among other things, through the agencies of the United Nations, international, regional and national institutions or organizations, the international Committee of the Red Cross, national societies of the Red Cross and Red Crescent and their International Federation, non-governmental organizations or on a bilateral basis.
8. each State party that is able to provide assistance to contribute to the economic and social recovery needed as a result of the use of cluster munitions in States parties affected.
9. each State party that is able to do can supply relevant trust funds, to facilitate the provision of assistance to the title of this article.
10. each State party who seeks or receives assistance will take appropriate steps to facilitate implementing timely and effective of the present Convention, including the facilitation of the entry and the exit of personnel, material and equipment in a coherent way with the national laws and regulations, taking into account international best practices.
11. each State party may, for the purpose of developing a national action plan, apply to organizations of the United Nations, regional organizations, other States parties or other intergovernmental or non-governmental institutions competent to help its authorities to determine, among other things: (a) the nature and the extent of the remains of cluster munitions within areas under its jurisdiction or control; (b) the financial resources human and technology necessary for the implementation of the plan; (c) the estimated time needed for pollution and the destruction of all remnants of cluster munitions within areas under its jurisdiction or control; (d) education programs to risk reduction and awareness activities to reduce the number of injuries or loss of life caused by the remnants of cluster munitions; (e) assistance to the victims of cluster munitions; and (f) the relationship of coordination between the Government of the State party concerned and the governmental, intergovernmental or non-governmental entities relevant who will participate in the implementation of the plan.

12 States parties that provide or receive assistance under the terms of this section will cooperate to ensure implementation fast and full of agreed assistance programmes.

Art. 7 transparency measures 1. Each State party to the Secretary-General of the United Nations, as soon as possible and, in any case, 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 art. 9 of this agreement; (b) the total of all of the weapons on cluster munitions, including explosive submunitions, referred to the by. 1 of art. 3 of the Convention, including a breakdown by type, quantity and, if possible, by lot for each type number; (c) the technical characteristics of each type of cluster munitions produced by this State party prior to the entry into force of the Convention for that State, insofar as they are known, as well as those which the State party is currently owner or holder indicating, to the extent possible, the kind of information that could facilitate the identification and removal of cluster munitions; This information will include at a minimum: the size, the type of lighter, the content in explosive and metal, colour photographs and other information that may facilitate the removal of the remains of cluster munitions; (d) the status and progress of programmes for conversion or decommissioning of production facilities of weapons munitions; (e) the State and progress of programs of destruction , pursuant to art. 3 of this Convention, cluster munitions, including explosive submunitions, with details of the methods which will be used in destruction, the location of all destruction sites and the standards for safety and environmental protection; (f) the types and quantities of cluster munitions, including explosive submunitions destroyed in accordance with art. 3 of the Convention, with details on destruction methods that have been used, the location of destruction sites and respected safety and environmental protection standards; (g) stocks of cluster munitions, including explosive submunitions, discovered after the announced completion of the program mentioned in para. (e) of this paragraph, and the plans for their destruction in accordance with art. 3 of this Convention; (h) in the extent possible, area and the location of all areas contaminated by cluster munitions under its jurisdiction or its controls, with as many details as possible about the type and the quantity of each type of remains of cluster munitions in each of the affected areas and the date of their employment; (i) State and progress of programs of clean-up and destruction of all types and quantities of remains of cluster munitions removed and destroyed in accordance with art. 4 of the Convention, including the area and location of the area contaminated by cluster munitions and cleaned, with a breakdown of the quantity of each type of remains of cluster munitions; removed and destroyed (j) the measures taken to provide education to the reduction of risk and, in particular, to alert as soon as possible and effectively civilians living in areas contaminated by cluster munitions and under its jurisdiction or control where remnants of cluster munitions; (k) the State and progress of the implementation of its obligations in accordance with art. 5 of the Convention to ensure sufficiently to victims of cluster munitions assistance taking into account age and gender, medical care, rehabilitation, psychological support and social and economic integration as well as to collect relevant and reliable data on the victims of cluster munitions; (l) the name and contact information of the institutions mandated to provide information and take the measures described in this subsection; (m) the amount of resources national, including financial, material or in-kind, resources allocated to the implementation of the art. 3, 4 and 5 of this Convention; and (n) the quantities, types and destinations of international assistance and cooperation provided under art. 6 of this Convention.

2. States parties will update annually, covering the last calendar year, the information provided in accordance with the by. 1 of this article and communicate them to the Secretary-General of the United Nations no later than 30 April of each year.
3. the Secretary-General of the United Nations will send all reports received to the States parties.

Art. 8 help and clarification related to the respect of the provisions of the Convention 1. The States parties agree to consult and cooperate on the application of the provisions of this Convention, and to work in a spirit of cooperation to facilitate compliance by States parties of their obligations under this Convention.
2. If one or more States parties wish to clarify issues related to compliance with the provisions of this Convention by another State party, and seek to answer, they can submit, through the Secretary-General of the United Nations, a request for clarification on these issues to the State party. This application will be accompanied by all appropriate information. States parties will refrain from unfounded requests, taking care to avoid any abuse. The State party which receives a request for clarification the State party plaintiff, through the Secretary-General of the United Nations, all the information that would help to clarify these issues, within a period of 28 days.
3. If the State party applicant gets no response through the Secretary-General of the United Nations within that time, or considers unsatisfactory the answer to the request for clarification, he may report the matter to the next Assembly of States parties through the Secretary-General of the United Nations. The Secretary-General of the United Nations will pass this request, accompanied by all the appropriate information relating to the request for clarification, to all States parties. All this information must be transmitted to the requested State party, which shall have the right to formulate a response.
4. pending the convening of a meeting of States parties, any State party concerned may ask the Secretary-General of the United Nations to exercise his good offices to facilitate the clarification requested.
5. when a question has been referred in accordance with the by. 3 of this section, the Assembly of States parties will determine first if it is necessary to consider the matter further, taking into account all the information submitted by the States parties concerned. If she deems it necessary that further consideration, the Assembly of States parties may recommend to the States parties concerned of the measures and means to further clarify the issue or to resolve, including the opening of procedures in accordance with international law. When the issue is due to circumstances beyond the control of the State party requested, the Assembly of States parties may recommend appropriate measures, including the use of cooperative measures referred to in art. 6 of this Convention.
6. in addition to the procedures provided in the by. 2 to 5 of this article, the Assembly of States parties may, to clarify the respect, including facts, and solve cases of failure to comply with the provisions of this Convention, decide to adopt all other general procedures or specific mechanisms it deems necessary.

Art. 9 enforcement national each State party taking all legislative, regulatory and other measures that are appropriate to implement the present Convention, including the imposition of penal sanctions to prevent and suppress any activity prohibited to a State party under this Convention, which would be conducted by persons or on territory under its jurisdiction or control.

Art. 10 settlement of disputes 1. Any dispute between two or more States parties concerning the interpretation or application of the present Convention, the States parties concerned will consult a quick settlement of the dispute by negotiation or by other peaceful means of their choice, including recourse to the Assembly of States parties and the referral to the International Court of justice in accordance with the Statute of that Court.
2. the Assembly of States parties may contribute to the settlement of the dispute by any means it deems appropriate, including offering its good offices, inviting States parties to the dispute to begin the procedure of their choice and recommending a limit on the duration of the agreed procedure.

Art. 11 Assembly of States parties 1. States parties will meet regularly to consider any question concerning the application or implementation of this Convention and, if necessary, make a decision, including:

(a) the operation and status of this Convention; (b) the issues raised by the reports submitted under the provisions of this Convention; (c) the cooperation and international assistance in accordance with art. 6 of this Convention; (d) the development of technologies to clean up the remains of weapons munitions; (e) requests States parties under art. 8 and 10 of this Convention; and (f) the requests from States parties under art. 3 and 4 of this Convention.

2. the Secretary-General of the United Nations will convene the first meeting of the States parties within a period of one year after the entry into force of this Convention. Annually, the Secretary-General of the United Nations will convene subsequent meetings until the first Review Conference.
3. States not party to this Convention, as well as the United Nations, other organizations or international institutions relevant to the regional organizations, the international Committee of the Red Cross, the International Federation of Red Cross and Red Crescent societies and relevant nongovernmental organizations may be invited to attend these meetings as observers in accordance with the agreed rules of procedure.

Art. 12 review conferences 1. The Secretary-General of the United Nations shall convene a review Conference five years after entry into force of this Convention. Further Review Conferences shall be convened by the Secretary-General of the United Nations if one or several States parties so request, provided that the interval between Review Conferences is certainly not less than five years. All States parties to the Convention will be invited to each Review Conference.
2. the Review Conference purpose shall be: (a) to review the operation and status of this Convention; (b) to assess the need to call additional meetings of the States parties referred to the by. 2 of art. 11, and determine the interval between these conferences; and (c) to make decisions regarding the requests from States parties under art. 3 and 4 of this Convention.

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

Art. 13 amendments 1. A State party may propose amendments to this Convention at any time after its entry into force. Any proposal for amendment shall be communicated to the Secretary-General of the United Nations, which broadcast it to all States parties and collect their opinions on whether to convene an amendment Conference to consider the proposal. If a majority of States parties notify the Secretary-General of the United Nations, no later than 90 days after the publication of the proposal, they are supportive of further scrutiny, the Secretary-General of the United Nations will convene a Conference of amendment to which all the States parties will be invited.
2. States not party to this Convention, as well as the United Nations, other organizations or international institutions relevant to the regional organizations, the international Committee of the Red Cross, the International Federation of Red Cross and Red Crescent societies and relevant nongovernmental organizations may be invited to attend each Conference amendment as observers in accordance with the agreed rules of procedure.
3. the Amendment Conference be held immediately after a meeting of the States parties or a review Conference unless a majority of the States parties request that it be held earlier.
4. any amendment to this Convention will be adopted by a majority of two thirds of the States parties present and voting at the Amendment Conference. The depositary shall communicate any amendment so adopted to the States.
5. an amendment to this Convention will enter into force for States parties which have accepted this amendment at the time of acceptance by a majority of the States which were Parties to the Convention at the time of adoption of the amendment. Subsequently, it will enter into force for any other State party on the date of the deposit of its instrument of acceptance.

Art. 14 costs and administrative tasks 1. The costs of the meetings of States parties, review and amendment Conferences lectures will be supported by the States parties and States not parties to this Convention participating in such meetings or conferences according to the duly adjusted scale of assessments of the United Nations.
2. the costs incurred by the Secretary-General of the United Nations under arts. 7 and 8 of this agreement will be supported by the States parties according to the duly adjusted scale of assessments of the United Nations.
3. execution by the Secretary-General of the United Nations of administrative tasks assigned to the terms of this agreement is subject to an appropriate mandate of the United Nations.

Art. 15 signature this Convention, done at Dublin on 30 May 2008, will be open to signature by all States in Oslo on 3 December 2008 and, thereafter, at United Nations Headquarters in New York until its entry into force.

Art. 16 ratification, acceptance, approval or accession 1. This Convention is subject to ratification, acceptance or approval of the signatories.
2. the present Convention will be open for accession by any State not signatory.
3. the instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.

Art. 17 entry into force 1. This agreement will be effective the first day of the sixth month following that in which the thirtieth instrument of ratification, acceptance, approval or accession has been filed.
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 agreement will be effective 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 of this agreement, or membership in, declare that, provisionally, to be applied art. 1 of this Convention pending its entry into force for that State.

Art. 19 reservations the articles of the Convention cannot be subject to reservations.

Art. 20 duration and withdrawal 1. This Convention has an unlimited period.
2. each State party has the right, in the exercise of its national sovereignty, to withdraw from this Convention. It shall notify such withdrawal to all other States parties, to the depositary and to the United Nations Security Council. This instrument of withdrawal includes a full explanation of the reasons motivating this withdrawal.
3. the withdrawal takes effect six months after receipt of the instrument of withdrawal by the depositary. However, if at the end of these six months the withdrawing State party is engaged in an armed conflict, the withdrawal won't take effect before the end of the armed conflict.

Art. 21 relations with States not parties to the Convention 1. Each State party encourage States not party to this Convention to ratify it, accept, approve or accede, in order to encourage the participation of all States to this Convention.
2. each State shall notify the Governments of all States not parties to this Convention mentioned in the by. article 3 obligations under the terms of this agreement, promotes the standards it establishes and makes every effort to discourage States not parties to this Convention to use cluster munitions.
3. Notwithstanding the provisions of art. 1 of the Convention, and in accordance with international law, the States parties, their military personnel or nationals can engage in co-operation and military operations with States not party to this Convention that might be engaged in activities prohibited to a State party.
4. nothing in the by. 3 of this article allows a State party to: (a) to develop, produce or acquire in any other way of cluster munitions; (b) build itself up stocks of cluster munitions or transfer these weapons; (c) use itself of weapons munitions; or (d) expressly request the use of such munitions in cases where the choice of used ammunition is under its exclusive control.

Art. 22 depositary the Secretary-General of the United Nations is designated as the depositary of the Convention hereby.

Art. 23 authentic texts


The texts of this agreement in English, Arabic, Chinese, English, french and Russian are also authentic.
(Follow signatures)

Scope September 17, 2015 States parties Ratification, accession (A) entry into force Afghanistan 8 September 2011 March 1, 2012 South Africa 28 may 2015 November 1, 2015 Albania June 16, 2009 August 1, 2010 Germany 8 July 2009 August 1, 2010 Andorra 9 April 2013 is October 1, 2013 Antigua - and - Barbuda August 23, 2010 February 1, 2011 Australia October 8, 2012 April 1, 2013 Austria April 2, 2009 August 1, 2010 Belgium * December 22, 2009 August 1, 2010

Belize * 2 September 2014 March 1, 2015 Bolivia April 30, 2013 October 1, 2013 Bosnia and Herzegovina 7 September 2010 1 March 2011 Botswana 27 June 2011 December 1, 2011 Bulgaria April 6, 2011 October 1, 2011 Burkina Faso February 16, 2010 August 1, 2010 Burundi September 25, 2009 August 1, 2010 Cameroon July 12, 2012 January 1, 2013 Canada March 16, 2015 1 September 2015 green - October 19, 2010 may 1, 2011 Chile December 16, 2010 June 1

Colombia 10 September 2011 2015 March 1 2016 Comoros July 28, 2010 January 1, 2011 Congo (Brazzaville) 2 September 2014 March 1, 2015 Costa Rica April 28, 2011 October 1, 2011 Croatia August 17, 2009 August 1, 2010 Ivory Coast 12 March 2012 September 1, 2012 Denmark February 12, 2010 August 1, 2010 El El Salvador * January 10, 2011 July 1, 2011 Ecuador may 11, 2010 November 1, 2010 Spain June 17, 2009 August 1, 2010 Fiji 28 May 2010 1 November 2010 France September 25, 2009 August 1, 2010 Ghana February 3, 2011 August 1, 2011 Granada June 29, 2011 was December 1, 2011 Guatemala November 3, 2010 may 1, 2011 Guinea October 21, 2014 1 April 2015 Guinea - Bissau November 29, 2010 may 1, 2011 Guyana October 31, 2014 was April 1, 2015 Honduras March 21, 2012 September 1, 2012 Hungary July 3, 2012 January 1, 2013 Cook Islands August 23, 2011 February 1, 2012 Iraq may 14, 2013 1 November 2013 Ireland December 3, 2008 August 1, 2010 Iceland 31 August 2015 1 February 2016 Italy September 21, 2011 March 1, 2012 Japan July 14, 2009 August 1, 2010 Laos March 18, 2009 August 1, 2010 Lesotho 28 May 2010 November 1, 2010 Lebanon November 5, 2010 June 1, 2011 Liechtenstein 4 March 2013 September 1, 2013 Lithuania * March 24, 2011 September 1, 2011 Luxembourg July 10, 2009 August 1, 2010 Macedonia October 8, 2009 August 1, 2010 Malawi

October 7, 2009 August 1, 2010 Mali June 30, 2010 December 1, 2010 Malta September 24, 2009 August 1, 2010 Mauritania 1 February 2012 August 1, 2012 Mexico may 6, 2009 August 1, 2010 Moldova February 16, 2010 August 1, 2010 Monaco 21 September 2010 March 1, 2011 Montenegro January 25, 2010 August 1, 2010 Mozambique March 14, 2011 September 1, 2011 Nauru February 4, 2013 August 1, 2013 Nicaragua November 2, 2009 August 1, 2010 Niger June 2, 2009

August 1, 2010 Norway * December 3, 2008 August 1, 2010 New Zealand 22 December 2009 August 1, 2010 Palestine January 2, 2015 has 1 July 2015 Panama November 29, 2010 may 1, 2011 Paraguay March 12, 2015 1 September 2015 Netherlands 23 February 2011 August 1, 2011 part Caribbean (Bonaire, Sint Eustatius and Saba) February 23, 2011 August 1, 2011 Peru September 26, 2012 March 1, 2013 Portugal March 9, 2011 September 1, 2011 United Kingdom 4 May 2010 November 1, 2010

Isle of Man February 21, 2014 February 21, 2014 Dominican Republic December 20, 2011 June 1, 2012 Czech Republic September 22, 2011 March 1, 2012 Rwanda 25 August 2015 February 1, 2016 St. - Kitts - and - Nevis September 13, 2013 A 1 March 2014 San - Marino July 10, 2009 August 1, 2010 Holy See * December 3, 2008 August 1, 2010 Saint - Vincent and the Grenadines October 29, 2010 may 1, 2011 Samoa 28 April 2010 October 1, 2010 Seychelles may 20, 2010 November 1, 2010 Sierra Leone 3 December

2008 August 1, 2010 Slovakia July 24, 2015 has January 1, 2016 Slovenia 19 August 2009 August 1, 2010 Somalia September 30, 2015 March 1, 2016 Switzerland * 17 July 2012 January 1, 2013 Sweden 23 April 2012 October 1, 2012 Swaziland September 13, 2011 was March 1, 2012 Senegal August 3, 2011 February 1, 2012 Chad March 26, 2013 September 1, 2013 Togo June 22, 2012 1 December 2012 Trinidad and Tobago September 21, 2011 is March 1, 2012 Tunisia 28 September

2010 March 1, 2011 Uruguay September 24, 2009 August 1, 2010 Zambia 12 August 2009 August 1, 2010 * reservations and declarations. Reservations and declarations, with the exception of Switzerland, are not published to the RO. Texts in french and English can be found at the United Nations Internet site address: http://treaties.un.org/ or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.



The Convention does not apply to Tokelau.

Statement Switzerland art. 18. the Switzerland will provisionally apply art. 1, by. 1, let. a of the agreement until the entry into force thereof for the Switzerland.

2012 5385 RO; FF 2011 5495 RO 2012 5383 RS 0.515.092 RS 0.515.091.4 RS 0.515.091 RO 2012 5385, 2013 2093, 2015-697-3841. A version of the application update field is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State on 17 September 2015

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