The Convention on Cluster Munitions ( CCM ) is an international treaty that prohibits the use of cluster bombs, a type of explosive weapon which scatters submunitions ("bomblets") over an area. The convention was adopted on 30 May 2008 in Dublin, and was opened for signature on 3 December 2008 in Oslo. It will enter into force after it has been ratified by 30 states; as of November 2009, 24 states have ratified it and another 79 have signed but not yet ratified it.
Countries that ratify the convention will be obliged "never under any circumstances to":
(a) Use cluster munitions;
(b) Develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions;
(c) Assist, encourage or induce anyone to engage in any activity prohibited to a State Party under this Convention.The treaty allows certain types of weapons with submunitions that do not have the indiscriminate area effects or pose the unexploded ordnance risks of cluster munitions. Such weapons must meet strict criteria for a minimum weight, a limited number of submunitions, the capacity for each submunition individually to detect and engage a single target object and the presence of electronic self-destruct and self-deactivation mechanisms. Also, a limited number of cluster and submunitions can be kept for purposes of training in and development of detection, clearance and destruction techniques and counter-measures.
History
The impetus for the treaty, like that of the 1997 Ottawa Treaty to ban landmines, has been concern over the severe damage and risks to civilians from explosive weapons during and long after attacks. A varying proportion of submunitions dispersed by cluster bombs fail to explode on impact and can lie untouched for years until disturbed. The sometimes brightly colored munitions are not camouflaged, but have been compared to toys or Easter eggs, attracting interest from children at play. Human rights activists claim that one in four casualties resulting from submunitions that fail to explode on impact are children who often pick up and play with the explosive canisters well after the conflict has ended. The 2006 Lebanon War provided momentum for the campaign to ban cluster bombs. The United Nations estimated that up to 40% of Israeli cluster bomblets failed to explode on impact. Norway organized the independent Oslo process after discussions at the traditional disarmament forum in Geneva fell through in November 2006.
The cluster munitions ban process, also known as the Oslo Process, began in February 2007 in Oslo. At this time, 46 nations issued the "Oslo Declaration", committing themselves to:
Conclude by 2008 a legally binding international instrument that prohibits the use and stockpiling of cluster munitions that cause unacceptable harm to civilians and secure adequate provision of care and rehabilitation to survivors and clearance of contaminated areas.
The Oslo Process held meetings in Lima in May 2007 and Vienna in December 2007. In February 2008, 79 countries adopted the "Wellington Declaration", setting forth the principles to be included in the convention.
Adoption of the convention
Delegates from 107 nations agreed to the final draft of the treaty at the end of a ten-day meeting held in May 2008 in Dublin, Ireland. Its text was formally adopted on 30 May 2008 by 107 nations, including 7 of the 14 countries that have used cluster bombs and 17 of the 34 countries that have produced them.
The treaty was opposed by a number of countries that produce or stockpile significant amounts of cluster munitions, including China, Russia, the United States, India, Israel, Pakistan and Brazil. The U.S. has acknowledged humanitarian concerns about the use of cluster munitions, but insisted that the proper venue for a discussion of cluster munitions was the forum attached to the Convention on Certain Conventional Weapons, which includes all major military powers. The U.S. has further stated that the development and introduction of "smart" cluster munitions, where each submunition contains its own targeting and guidance system as well as an auto-self-destruct mechanism, means that the problematic munitions are being moved away from in any case. The recent U.S. election may have an impact on U.S. policy regarding cluster bombs, as Barack Obama voted to support a 2006 legislative measure to limit use of the bombs, while his general election opponent John McCain and his primary opponent Hillary Clinton - (now U.S. Secretary of State) both voted against it.
The treaty allows for certain types of weapons with submunitions that do not have the indiscriminate area effects or pose the unexploded ordnance risks of cluster munitions. Such weapons must meet strict criteria for a minimum weight, a limited number of submunitions, the capacity for each submunition individually to detect and engage a single target object and the presence of electronic self-destruct and self-deactivation mechanisms. Australia, which supports the treaty, stated that the convention does not prohibit the SMArt 155 artillery shell that it has bought, which releases two self-guided self-destructing submunitions.
In response to U.S. lobbying, and also concerns raised by diplomats from Australia, Canada, Japan, UK and others, the treaty includes a provision allowing signatory nations to cooperate militarily with non-signatory nations. This provision is designed to provide legal protections to the military personnel of signatory nations engaged in military operations with the U.S. or other non-signatory nations that might use cluster munitions.
Activists such as Human Rights Watch state that the treaty will stigmatize cluster munitions to the extent that countries like the United States will not use the weapons even if they do not sign the treaty.
Prior to the Dublin meeting, the United Kingdom was thought to be one of a group of nations in a pivotal role whereby their cooperation could make or break the treaty. In a dramatic turn of events shortly before the end of the conference, Prime Minister Gordon Brown declared that the U.K. would withdraw all of its cluster bombs from service. This was done despite intense behind-the-scenes lobbying by the U.S. and objections by British government personnel who saw utility in the weapons.
The CCM was opened for signature at a ceremony at Oslo City Hall on 3-4 December 2008. By the end of the ceremony, 94 states had signed the treaty, including 4 (Ireland, the Holy See, Sierra Leone and Norway) which had also submitted their instruments of ratification. Signatories included 21 of the 27 member-states of the European Union and 18 of the 26 countries in NATO. Among the signatories were several states affected by cluster munitions, including Laos and Lebanon.
In November 2008, ahead of the signing Conference in Oslo, the European Parliament passed a resolution calling on all European Union governments to sign and ratify the Convention, as several EU countries had not yet declared their intention to do so. Finland had declared it would not sign.
Ratification status
As of November 2009, 24 states have ratified the convention:
A further 79 states have signed but not yet ratified the treaty:
Several major producers of cluster munitions, including the US, Russia, China, India, Pakistan and Brazil, have not signed the Convention.
References
- ^ a b Article 17 of the Convention on Cluster Munitions. Retrieved on 8 December 2008.
- ^ a b c d e United Nations Treaty Collection: Convention on Cluster Munitions. Retrieved on 29 November 2009.
- ^ Article 22 of the Convention on Cluster Munitions. Retrieved on 8 December 2008.
- ^ Article 23 of the Convention on Cluster Munitions. Retrieved on 8 December 2008.
- ^ Baltimore- Sun - Cluster-bomb ban U.S. opposes passes (actual passage)
- ^ Article 1 of the Convention on Cluster Munitions. Retrieved on 8 December 2008.
- ^ a b "Fitzgibbon wants to keep SMArt cluster shells", Australia Broadcasting Corporation , 29 May 2008
- ^ Vineeta Foundation. "The 2007 White House Cluster Bomb Hunt" . http://www.vineeta.org/cluster.htm .
- ^ Jeffrey Benner (1999-05-28). "The case against cluster bombs". Mother Jones . http://www.motherjones.com/news/special_reports/total_coverage/kosovo/reality_check/cluster.html . ...
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