Post on 30-May-2018
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Convention on
Cluster Munitions
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Convention on
Cluster Munitions
International Committee o the Red Cross
19, avenue de la Paix
1202 Geneva, Switzerland
T + 41 22 734 60 01 F + 41 22 733 20 57E-mail: shop.gva@icrc.org
www.icrc.org
ICRC, Se tember 2008 As Adopted, dublin, 30 MAy 2008
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Table o contents
Foreword
Convention on Cluster Munitions 9
Article 1
General obligations and scope o application 13
Article 2
Denitions 14
Article 3Storage and stockpile destruction 17
Article 4
Clearance and destruction o cluster munition
remnants and risk reduction education 20
Article 5
Victim assistance 25
Article 6
International cooperation and assistance 26
Article 7
Transparency measures
Article 8
Facilitation and clarication o compliance 32
Article 9
National implementation measures 34
Article 10
Settlement o disputes 34
Article 11
Meetings o States Parties 35
Article 12
Review Conerences 36
Article 13
Amendments 37
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Article 14
Costs and administrative tasks 38
Article 15
Signature 38
Article 16
Ratication, acceptance, approval or accession 39
Article 17
Entry into orce 39
Article 18Provisional application 40
Article 19
Reservations 40
Article 20
Duration and withdrawal 40
Article 21
Relations with States not party to this Convention 41
Article 22
Depositary 42
Article 23
Authentic texts 42
Foreword
Ever since cluster munitions were rst used in the 1940s,
civilians have paid dearly or their unreliability and inaccuracy.
These weapons, delivered in massive numbers over vast areas,
have killed and injured thousands o civilians in war-torn coun-
tries, particularly in Asia, Europe and the Middle East.
For many years, the International Committee o the Red Cross(ICRC) has expressed its deep concern about cluster munitions.
In 2000, it called on States to stop using them and to urgently
negotiate a legally binding instrument to address the wide-
spread human suering caused by these weapons.
In view o the suering endured by civilians or decades each
time cluster munitions were used, and the lack o an adequate
response to this in other ora, Norway launched the Oslo Process
in February 2007. The process aimed at creating an international
treaty to prohibit cluster munitions that cause unacceptable
suering to civilians. The process was open to all States com-
mitted to urgently adopting such a treaty. Ater global ollow-up
conerences in Lima, Vienna and Wellington, and regional meet-ings in Arica, Asia, Europe and Latin America, the Convention on
Cluster Munitions was adopted on 30 May 2008 by a Diplomatic
Conerence in Dublin in which more than 100 States partici-
pated.
The ICRC warmly welcomes the adoption o this historic agree-
ment prohibiting the use, production, stockpiling and transer
o cluster munitions. The participating States have conrmed
that cluster munitions, which have caused so much loss in past
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decades, are not only morally repugnant, but are now consid-
ered illegal. This achievement demonstrates that the world has
been moved by the suering o the victims o cluster munitions
and that the international community is capable o taking eec-
tive action to prevent urther suering.
The new international rules will have a major impact on the pro-
ducers and stockpilers involved in the Oslo Process. When imple-
mented, the Convention will prevent tremendous human su-ering by ensuring that tens o millions o cluster submunitions
are never used and are destroyed. It will provide direct benets
or communities through increased eorts to clear areas con-
taminated by cluster munitions, thus saving lives and returning
lands to agriculture and other productive use. It will also benet
victims o cluster munitions through increased commitment to
medical care, physical and socio-economic rehabilitation and
other support.
I am also condent that the Convention will result in cluster
munitions being stigmatized and that its impact will extend ar
beyond the participating States and the mere words it contains.
In time, the Convention will also have a positive inuence on thepolicies and practices o non-party States and armed groups.
By adopting this Convention, States have put in place the nal
plank in the international legal structure addressing the eects
o weapons that dont stop killing. With the Anti-Personnel
Mine Ban Convention, the Protocol on Explosive Remnants o
War, and the Convention on Cluster Munitions, we now have the
tools to prevent or remedy the oten tragic consequences or
civilians o all explosive munitions used in armed conict. We
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have also established a broader norm that those who engage
in armed conict can no longer walk away rom the long-term
consequences o the weapons they use, leaving local communi-
ties to carry the burden.
While the Convention on Cluster Munitions is a momentous step
orward, much more time and energy and ar more resources
will be needed to implement the new rules. States must ratiy
the Convention, and all governments, armed orces and armedgroups in particular those that possess and stockpile cluster
munitions must implement it.
The ICRC has produced a range o promotional material, includ-
ing this booklet containing the ull text o the Convention, to
urther the understanding, rapid ratication and aithul imple-
mentation o this important instrument o international human-
itarian law. ICRC delegations around the world and National Red
Cross and Red Crescent Societies will strive to ensure that the
promises o the Convention become realities on the ground in
the shortest possible time.
When the ICRC called again or urgent international actionon cluster munitions in October 2007, I reminded States that
opportunities to prevent untold human suering do not occur
oten. The Convention we now have represents just such an
opportunity. The ICRC urges all States to seize it.
Jakob Kellenberger
President, International Committee o the Red Cross
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Convention onCluster Munitions
The States Parties to this Convention,
Deeply concerned that civilian populations and individual
civilians continue to bear the brunt o armed conict,
Determinedto put an end or all time to the suering and casu-
alties caused by cluster munitions at the time o their use, when
they ail to unction as intended or when they are abandoned,
Concernedthat cluster munition remnants kill or maim civil-
ians, including women and children, obstruct economic and
social development, including through the loss o livelihood,
impede post-conict rehabilitation and reconstruction, delay or
prevent the return o reugees and internally displaced persons,
can negatively impact on national and international peace-
building and humanitarian assistance eorts, and have other
severe consequences that can persist or many years ater use,
Deeply concernedalso at the dangers presented by the large
national stockpiles o cluster munitions retained or operational
use and determinedto ensure their rapid destruction,
Believing it necessary to contribute eectively in an efcient,
coordinated manner to resolving the challenge o removing
cluster munition remnants located throughout the world, and
to ensure their destruction,
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Determined also to ensure the ull realisation o the rights
o all cluster munition victims and recognising their inherent
dignity,
Resolved to do their utmost in providing assistance to clus-
ter munition victims, including medical care, rehabilitation and
psychological support, as well as providing or their social and
economic inclusion,
Recognising the need to provide age- and gender-sensitive
assistance to cluster munition victims and to address the special
needs o vulnerable groups,
Bearing in mindthe Convention on the Rights o Persons with
Disabilities which, inter alia, requires that States Parties to that
Convention undertake to ensure and promote the ull realisa-
tion o all human rights and undamental reedoms o all per-
sons with disabilities without discrimination o any kind on the
basis o disability,
Mindulo the need to coordinate adequately eorts under-
taken in various ora to address the rights and needs o victimso various types o weapons, and resolved to avoid discrimina-
tion among victims o various types o weapons,
Reafrming that in cases not covered by this Convention or by
other international agreements, civilians and combatants remain
under the protection and authority o the principles o interna-
tional law, derived rom established custom, rom the principles
o humanity and rom the dictates o public conscience,
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Resolved also that armed groups distinct rom the armed
orces o a State shall not, under any circumstances, be permit-
ted to engage in any activity prohibited to a State Party to this
Convention,
Welcoming the very broad international support or the inter-
national norm prohibiting anti-personnel mines, enshrined in
the 1997 Convention on the Prohibition o the Use, Stockpiling,
Production and Transer o Anti-Personnel Mines and on TheirDestruction,
Welcoming also the adoption o the Protocol on Explosive
Remnants o War, annexed to the Convention on Prohibitions
or Restrictions on the Use o Certain Conventional Weapons
Which May be Deemed to be Excessively Injurious or to
Have Indiscriminate Eects, and its entry into orce on
12 November 2006, and wishing to enhance the protection o
civilians rom the eects o cluster munition remnants in post-
conict environments,
Bearing in mind also United Nations Security Council
Resolution 1325 on women, peace and security and UnitedNations Security Council Resolution 1612 on children in armed
conict,
Welcoming urther the steps taken nationally, regionally and
globally in recent years aimed at prohibiting, restricting or sus-
pending the use, stockpiling, production and transer o cluster
munitions,
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Stressing the role o public conscience in urthering the prin-
ciples o humanity as evidenced by the global call or an end to
civilian suering caused by cluster munitions and recognising
the eorts to that end undertaken by the United Nations, the
International Committee o the Red Cross, the Cluster Munition
Coalition and numerous other non-governmental organisations
around the world,
Reafrming the Declaration o the Oslo Conerence on ClusterMunitions, by which, inter alia, States recognised the grave con-
sequences caused by the use o cluster munitions and commit-
ted themselves to conclude by 2008 a legally binding instru-
ment that would prohibit the use, production, transer and
stockpiling o cluster munitions that cause unacceptable harm
to civilians, and would establish a ramework or cooperation
and assistance that ensures adequate provision o care and
rehabilitation or victims, clearance o contaminated areas, risk
reduction education and destruction o stockpiles,
Emphasising the desirability o attracting the adherence o
all States to this Convention, and determined to work strenu-
ously towards the promotion o its universalisation and its ullimplementation,
Basing themselves on the principles and rules o international
humanitarian law, in particular the principle that the right o par-
ties to an armed conict to choose methods or means o war-
are is not unlimited, and the rules that the parties to a conict
shall at all times distinguish between the civilian population and
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combatants and between civilian objects and military objectives
and accordingly direct their operations against military objec-
tives only, that in the conduct o military operations constant
care shall be taken to spare the civilian population, civilians and
civilian objects and that the civilian population and individual
civilians enjoy general protection against dangers arising rom
military operations,
HAVE AGREED as ollows:
Article 1
General obligations and scope o application
Each State Party undertakes never under any circum-1.
stances to:
Use cluster munitions;(a)
Develop, produce, otherwise acquire, stockpile, retain(b)
or transer to anyone, directly or indirectly, cluster
munitions;
Assist, encourage or induce anyone to engage in(c)
any activity prohibited to a State Party under thisConvention.
Paragraph 1 o this Article applies,2. mutatis mutandis, to
explosive bomblets that are specically designed to be
dispersed or released rom dispensers afxed to aircrat.
This Convention does not apply to mines.3.
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Article 2
Defnitions
For the purposes o this Convention:
Cluster munition victims1. means all persons who have
been killed or suered physical or psychological injury,
economic loss, social marginalisation or substantial
impairment o the realisation o their rights caused by
the use o cluster munitions. They include those personsdirectly impacted by cluster munitions as well as their
aected amilies and communities;
Cluster munition2. means a conventional munition that is
designed to disperse or release explosive submunitions
each weighing less than 20 k ilograms, and includes those
explosive submunitions. It does not mean the ollowing:
A munition or submunition designed to dispense(a)
ares, smoke, pyrotechnics or cha; or a munition
designed exclusively or an air deence role;
A munition or submunition designed to produce elec-(b)
trical or electronic eects;
A munition that, in order to avoid indiscriminate area(c) eects and the risks posed by unexploded submuni-
tions, has all o the ollowing characteristics:
Each munition contains ewer than ten explosive(i)
submunitions;
Each explosive submunition weighs more than(ii)
our kilograms;
Each explosive submunition is designed to detect(iii)
and engage a single target object;
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Each explosive submunition is equipped with an(iv)
electronic sel-destruction mechanism;
Each explosive submunition is equipped with an(v)
electronic sel-deactivating eature;
Explosive submunition3. means a conventional munition
that in order to perorm its task is dispersed or released
by a cluster munition and is designed to unction by deto-
nating an explosive charge prior to, on or ater impact;
Failed cluster munition4. means a cluster munition that
has been red, dropped, launched, projected or otherwise
delivered and which should have dispersed or released its
explosive submunitions but ailed to do so;
Unexploded submunition5. means an explosive submu-
nition that has been dispersed or released by, or other-
wise separated rom, a cluster munition and has ailed to
explode as intended;
Abandoned cluster munitions6. means cluster muni-
tions or explosive submunitions that have not been used
and that have been let behind or dumped, and that are
no longer under the control o the party that let them
behind or dumped them. They may or may not have beenprepared or use;
Cluster munition remnants7. means ailed cluster muni-
tions, abandoned cluster munitions, unexploded submu-
nitions and unexploded bomblets;
Transfer8. involves, in addition to the physical movement
o cluster munitions into or rom national territory, the
transer o title to and control over cluster munitions, but
does not involve the transer o territory containing clus-
ter munition remnants;
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Self-destruction mechanism9. means an incorporated
automatically-unctioning mechanism which is in addi-
tion to the primary initiating mechanism o the munition
and which secures the destruction o the munition into
which it is incorporated;
Self-deactivating10. means automatically rendering a
munition inoperable by means o the irreversible exhaus-
tion o a component, or example a battery, that is essen-
tial to the operation o the munition;
Cluster munition contaminated area11. means an
area known or suspected to contain cluster munition
remnants;
Mine12. means a munition designed to be placed under,
on or near the ground or other surace area and to be
exploded by the presence, proximity or contact o a per-
son or a vehicle;
Explosive bomblet13. means a conventional munition,
weighing less than 20 kilograms, which is not sel-pro-
pelled and which, in order to perorm its task, is dispersed
or released by a dispenser, and is designed to unction
by detonating an explosive charge prior to, on or aterimpact;
Dispenser14. means a container that is designed to dis-
perse or release explosive bomblets and which is afxed
to an aircrat at the time o dispersal or release;
Unexploded bomblet15. means an explosive bomblet that
has been dispersed, released or otherwise separated rom
a dispenser and has ailed to explode as intended.
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Article 3
Storage and stockpile destruction
Each State Party shall, in accordance with national regula-1.
tions, separate all cluster munitions under its jurisdiction
and control rom munitions retained or operational use
and mark them or the purpose o destruction.
Each State Party undertakes to destroy or ensure the2.
destruction o all cluster munitions reerred to in para-graph 1 o this Article as soon as possible but not later than
eight years ater the entry into orce o this Convention
or that State Party. Each State Party undertakes to ensure
that destruction methods comply with applicable inter-
national standards or protecting public health and the
environment.
I a State Party believes that it will be unable to destroy3.
or ensure the destruction o all cluster munitions reerred
to in paragraph 1 o this Article within eight years o
entry into orce o this Convention or that State Party it
may submit a request to a Meeting o States Parties or a
Review Conerence or an extension o the deadline or
completing the destruction o such cluster munitions bya period o up to our years. A State Party may, in excep-
tional circumstances, request additional extensions o up
to our years. The requested extensions shall not exceed
the number o years strictly necessary or that State Party
to complete its obligations under paragraph 2 o this
Article.
Each request or an extension shall set out:4.
The duration o the proposed extension;(a)
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A detailed explanation o the proposed extension,(b)
including the nancial and technical means available
to or required by the State Party or the destruction
o all cluster munitions reerred to in paragraph 1 o
this Article and, where applicable, the exceptional cir-
cumstances justiying it;
A plan or how and when stockpile destruction will be(c)
completed;
The quantity and type o cluster munitions and explo-(d) sive submunitions held at the entry into orce o this
Convention or that State Party and any additional
cluster munitions or explosive submunitions discov-
ered ater such entry into orce;
The quantity and type o cluster munitions and(e)
explosive submunitions destroyed during the period
reerred to in paragraph 2 o this Article; and
The quantity and type o cluster munitions and explo-( )
sive submunitions remaining to be destroyed during
the proposed extension and the annual destruction
rate expected to be achieved.
The Meeting o States Parties or the Review Conerence5.
shall, taking into consideration the actors reerred to inparagraph 4 o this Article, assess the request and decide
by a majority o votes o States Parties present and vot-
ing whether to grant the request or an extension. The
States Parties may decide to grant a shorter extension
than that requested and may propose benchmarks or
the extension, as appropriate. A request or an extension
shall be submitted a minimum o nine months prior to
the Meeting o States Parties or the Review Conerence at
which it is to be considered.
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Notwithstanding the provisions o Article 1 o this6.
Convention, the retention or acquisition o a limited num-
ber o cluster munitions and explosive submunitions or
the development o and training in cluster munition and
explosive submunition detection, clearance or destruc-
tion techniques, or or the development o cluster muni-
tion counter-measures, is permitted. The amount o explo-
sive submunitions retained or acquired shall not exceed
the minimum number absolutely necessary or these
purposes.
Notwithstanding the provisions o Article 1 o this7.
Convention, the transer o cluster munitions to another
State Party or the purpose o destruction, as well as or
the purposes described in paragraph 6 o this Article, is
permitted.
States Parties retaining, acquiring or transerring cluster8.
munitions or explosive submunitions or the purposes
described in paragraphs 6 and 7 o this Article shall sub-
mit a detailed report on the planned and actual use o
these cluster munitions and explosive submunitions and
their type, quantity and lot numbers. I cluster munitions
or explosive submunitions are transerred to another
State Party or these purposes, the report shall include re-
erence to the receiving party. Such a report shall be pre-
pared or each year during which a State Party retained,
acquired or transerred cluster munitions or explosive
submunitions and shall be submitted to the Secretary-
General o the United Nations no later than 30 April o the
ollowing year.
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Article 4
Clearance and destruction o cluster munition
remnants and risk reduction education
Each State Party undertakes to clear and destroy, or1.
ensure the clearance and destruction o, cluster munition
remnants located in cluster munition contaminated areas
under its jurisdiction or control, as ollows:
Where cluster munition remnants are located in areas(a)under its jurisdiction or control at the date o entry
into orce o this Convention or that State Party, such
clearance and destruction shall be completed as soon
as possible but not later than ten years rom that
date;
Where, ater entry into orce o this Convention or that(b)
State Party, cluster munitions have become cluster
munition remnants located in areas under its jurisdic-
tion or control, such clearance and destruction must
be completed as soon as possible but not later than
ten years ater the end o the active hostilities during
which such cluster munitions became cluster muni-
tion remnants; and
Upon ullling either o its obligations set out in sub-(c)
paragraphs (a) and (b) o this paragraph, that State
Party shall make a declaration o compliance to the
next Meeting o States Parties.
In ullling its obligations under paragraph 1 o this2.
Article, each State Party shall take the ollowing measures
as soon as possible, taking into consideration the provi-
sions o Article 6 o this Convention regarding interna-
tional cooperation and assistance:
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Survey, assess and record the threat posed by cluster(a)
munition remnants, making every eort to identiy all
cluster munition contaminated areas under its juris-
diction or control;
Assess and prioritise needs in terms o marking,(b)
protection o civilians, clearance and destruction,
and take steps to mobilise resources and develop a
national plan to carry out these activities, building,
where appropriate, upon existing structures, experi-
ences and methodologies;
Take all easible steps to ensure that all cluster muni-(c)
tion contaminated areas under its jurisdiction or con-
trol are perimeter-marked, monitored and protected
by encing or other means to ensure the eective
exclusion o civilians. Warning signs based on meth-
ods o marking readily recognisable by the aected
community should be utilised in the marking o sus-
pected hazardous areas. Signs and other hazardous
area boundary markers should, as ar as possible, be
visible, legible, durable and resistant to environmen-
tal eects and should clearly identiy which side o
the marked boundary is considered to be within the
cluster munition contaminated areas and which sideis considered to be sae;
Clear and destroy all cluster munition remnants(d)
located in areas under its jurisdiction or control; and
Conduct risk reduction education to ensure aware-(e)
ness among civilians living in or around cluster muni-
tion contaminated areas o the risks posed by such
remnants.
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In conducting the activities reerred to in paragraph 23.
o this Article, each State Party shall take into account
international standards, including the International Mine
Action Standards (IMAS).
This paragraph shall apply in cases in which cluster muni-4.
tions have been used or abandoned by one State Party
prior to entry into orce o this Convention or that State
Party and have become cluster munition remnants that
are located in areas under the jurisdiction or control oanother State Party at the time o entry into orce o this
Convention or the latter.
In such cases, upon entry into orce o this Convention(a)
or both States Parties, the ormer State Party is
strongly encouraged to provide, inter alia, techni-
cal, nancial, material or human resources assistance
to the latter State Party, either bilaterally or through
a mutually agreed third party, including through the
United Nations system or other relevant organisations,
to acilitate the marking, clearance and destruction o
such cluster munition remnants.
Such assistance shall include, where available, inorma-(b)
tion on types and quantities o the cluster munitions
used, precise locations o cluster munition strikes and
areas in which cluster munition remnants are known
to be located.
I a State Party believes that it will be unable to clear and5.
destroy or ensure the clearance and destruction o all
cluster munition remnants reerred to in paragraph 1 o
this Article within ten years o the entry into orce o this
Convention or that State Party, it may submit a request
to a Meeting o States Parties or a Review Conerence or
an extension o the deadline or completing the clearance
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and destruction o such cluster munition remnants by a
period o up to ve years. The requested extension shall
not exceed the number o years strictly necessary or that
State Party to complete its obligations under paragraph 1
o this Article.
A request or an extension shall be submitted to a6.
Meeting o States Parties or a Review Conerence prior to
the expiry o the time period reerred to in paragraph 1 o
this Article or that State Party. Each request shall be sub-mitted a minimum o nine months prior to the Meeting
o States Parties or Review Conerence at which it is to be
considered. Each request shall set out:
The duration o the proposed extension;(a)
A detailed explanation o the reasons or the pro-(b)
posed extension, including the nancial and technical
means available to and required by the State Party or
the clearance and destruction o all cluster munition
remnants during the proposed extension;
The preparation o uture work and the status o work(c)
already conducted under national clearance and
demining programmes during the initial ten-year
period reerred to in paragraph 1 o this Article andany subsequent extensions;
The total area containing cluster munition remnants(d)
at the time o entry into orce o this Convention or
that State Party and any additional areas containing
cluster munition remnants discovered ater such entry
into orce;
The total area containing cluster munition remnants(e)
cleared since entry into orce o this Convention;
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The total area containing cluster munition rem-( )
nants remaining to be cleared during the proposed
extension;
The circumstances that have impeded the ability o(g)
the State Party to destroy all cluster munition rem-
nants located in areas under its jurisdiction or control
during the initial ten-year period reerred to in para-
graph 1 o this Article, and those that may impede this
ability during the proposed extension;
The humanitarian, social, economic and environmen-(h)
tal implications o the proposed extension; and
Any other inormation relevant to the request or the(i)
proposed extension.
The Meeting o States Parties or the Review Conerence7.
shall, taking into consideration the actors reerred to in
paragraph 6 o this Article, including, inter alia, the quan-
tities o cluster munition remnants reported, assess the
request and decide by a majority o votes o States Parties
present and voting whether to grant the request or an
extension. The States Parties may decide to grant a shorter
extension than that requested and may propose bench-
marks or the extension, as appropriate.
Such an extension may be renewed by a period o up8.
to ve years upon the submission o a new request, in
accordance with paragraphs 5, 6 and 7 o this Article. In
requesting a urther extension a State Party shall submit
relevant additional inormation on what has been under-
taken during the previous extension granted pursuant to
this Article.
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Article 5
Victim assistance
Each State Party with respect to cluster munition victims in1.
areas under its jurisdiction or control shall, in accordance
with applicable international humanitarian and human
rights law, adequately provide age- and gender-sensitive
assistance, including medical care, rehabilitation and psy-
chological support, as well as provide or their social and
economic inclusion. Each State Party shall make everyeort to collect reliable relevant data with respect to clus-
ter munition victims.
In ullling its obligations under paragraph 1 o this Article2.
each State Party shall:
Assess the needs o cluster munition victims;(a)
Develop, implement and enorce any necessary(b)
national laws and policies;
Develop a national plan and budget, including time-(c)
rames to carry out these activities, with a view to
incorporating them within the existing national dis-
ability, development and human rights rameworks
and mechanisms, while respecting the specic roleand contribution o relevant actors;
Take steps to mobilise national and international(d)
resources;
Not discriminate against or among cluster munition(e)
victims, or between cluster munition victims and those
who have suered injuries or disabilities rom other
causes; dierences in treatment should be based only
on medical, rehabilitative, psychological or socio-eco-
nomic needs;
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In addition to any obligations it may have pursuant to4.
paragraph 4 o Article 4 o this Convention, each State
Party in a position to do so shall provide assistance or
clearance and destruction o cluster munition remnants
and inormation concerning various means and technol-
ogies related to clearance o cluster munitions, as well
as lists o experts, expert agencies or national points o
contact on clearance and destruction o cluster munition
remnants and related activities.
Each State Party in a position to do so shall provide assis-5.
tance or the destruction o stockpiled cluster munitions,
and shall also provide assistance to identiy, assess and
prioritise needs and practical measures in terms o mark-
ing, risk reduction education, protection o civilians and
clearance and destruction as provided in Article 4 o this
Convention.
Where, ater entry into orce o this Convention, clus-6.
ter munitions have become cluster munition remnants
located in areas under the jurisdiction or control o a State
Party, each State Party in a position to do so shall urgently
provide emergency assistance to the aected State Party.
Each State Party in a position to do so shall provide assis-7.tance or the implementation o the obligations reerred
to in Article 5 o this Convention to adequately provide
age- and gender-sensitive assistance, including medical
care, rehabilitation and psychological support, as well as
provide or social and economic inclusion o cluster muni-
tion victims. Such assistance may be provided, inter alia,
through the United Nations system, international, regional
or national organisations or institutions, the International
Committee o the Red Cross, national Red Cross and Red
27
Closely consult with and actively involve cluster muni-( )
tion victims and their representative organisations;
Designate a ocal point within the government or(g)
coordination o matters relating to the implementa-
tion o this Article; and
Strive to incorporate relevant guidelines and good(h)
practices including in the areas o medical care, reha-
bilitation and psychological support, as well as social
and economic inclusion.
Article 6
International cooperation and assistance
In ullling its obligations under this Convention each1.
State Party has the right to seek and receive assistance.
Each State Party in a position to do so shall provide tech-2.
nical, material and nancial assistance to States Parties
aected by cluster munitions, aimed at the implementa-
tion o the obligations o this Convention. Such assistance
may be provided, inter alia, through the United Nations
system, international, regional or national organisations
or institutions, non-governmental organisations or insti-
tutions, or on a bilateral basis.
Each State Party undertakes to acilitate and shall have3.
the right to participate in the ullest possible exchange o
equipment and scientic and technological inormation
concerning the implementation o this Convention. The
States Parties shall not impose undue restrictions on the
provision and receipt o clearance and other such equip-
ment and related technological inormation or humani-
tarian purposes.
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Crescent Societies and their International Federation,
non-governmental organisations or on a bilateral basis.
Each State Party in a position to do so shall provide assis-8.
tance to contribute to the economic and social recovery
needed as a result o cluster munition use in aected
States Parties.
Each State Party in a position to do so may contribute to9.
relevant trust unds in order to acilitate the provision o
assistance under this Article.
Each State Party that seeks and receives assistance shall10.
take all appropriate measures in order to acilitate the
timely and eective implementation o this Convention,
including acilitation o the entry and exit o personnel,
materiel and equipment, in a manner consistent with
national laws and regulations, taking into consideration
international best practices.
Each State Party may, with the purpose o developing a11.
national action plan, request the United Nations system,
regional organisations, other States Parties or other com-
petent intergovernmental or non-governmental institu-
tions to assist its authorities to determine, inter alia: The nature and extent o cluster munition remnants(a)
located in areas under its jurisdiction or control;
The nancial, technological and human resources(b)
required or the implementation o the plan;
The time estimated as necessary to clear and destroy(c)
all cluster munition remnants located in areas under
its jurisdiction or control;
Risk reduction education programmes and awareness(d)
28
activities to reduce the incidence o injuries or deaths
caused by cluster munition remnants;
Assistance to cluster munition victims; and(e)
The coordination relationship between the govern-( )
ment o the State Party concerned and the relevant
governmental, intergovernmental or non-governmen-
tal entities that will work in the implementation o the
plan.
States Parties giving and receiving assistance under the12.
provisions o this Article shall cooperate with a view to
ensuring the ull and prompt implementation o agreed
assistance programmes.
Article 7
Transparency measures
Each State Party shall report to the Secretary-General1.
o the United Nations as soon as practicable, and in any
event not later than 180 days ater the entry into orce o
this Convention or that State Party, on:
The national implementation measures reerred to in(a)Article 9 o this Convention;
The total o all cluster munitions, including explosive(b)
submunitions, reerred to in paragraph 1 o Article 3 o
this Convention, to include a breakdown o their type,
quantity and, i possible, lot numbers o each type;
The technical characteristics o each type o clus-(c)
ter munition produced by that State Party prior to
entry into orce o this Convention or it, to the extent
known, and those currently owned or possessed by it,
giving, where reasonably possible, such categories o
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inormation as may acilitate identication and clear-
ance o cluster munitions; at a minimum, this inorma-
tion shall include the dimensions, using, explosive
content, metallic content, colour photographs and
other inormation that may acilitate the clearance o
cluster munition remnants;
The status and progress o programmes or the con-(d)
version or decommissioning o production acilities
or cluster munitions;
The status and progress o programmes or the destruc-(e)
tion, in accordance with Article 3 o this Convention,
o cluster munitions, including explosive submuni-
tions, with details o the methods that will be used in
destruction, the location o all destruction sites and
the applicable saety and environmental standards to
be observed;
The types and quantities o cluster munitions, includ-( )
ing explosive submunitions, destroyed in accordance
with Article 3 o this Convention, including details o
the methods o destruction used, the location o the
destruction sites and the applicable saety and envi-
ronmental standards observed;
Stockpiles o cluster munitions, including explosive(g)
submunitions, discovered ater reported completion
o the programme reerred to in sub-paragraph (e)
o this paragraph, and plans or their destruction in
accordance with Article 3 o this Convention;
To the extent possible, the size and location o all(h)
cluster munition contaminated areas under its juris-
diction or control, to include as much detail as pos-
sible regarding the type and quantity o each type o
cluster munition remnant in each such area and when
they were used;
30
The status and progress o programmes or the clear-(i)
ance and destruction o all types and quantities o
cluster munition remnants cleared and destroyed
in accordance with Article 4 o this Convention, to
include the size and location o the cluster munition
contaminated area cleared and a breakdown o the
quantity o each type o cluster munition remnant
cleared and destroyed;
The measures taken to provide risk reduction edu-(j)
cation and, in particular, an immediate and eective
warning to civilians living in cluster munition contami-
nated areas under its jurisdiction or control;
The status and progress o implementation o its obli-(k)
gations under Article 5 o this Convention to ade-
quately provide age- and gender-sensitive assistance,
including medical care, rehabilitation and psychologi-
cal support, as well as provide or social and economic
inclusion o cluster munition victims and to collect
reliable relevant data with respect to cluster munition
victims;
The name and contact details o the institutions man-(l)
dated to provide inormation and to carry out the
measures described in this paragraph;
The amount o national resources, including nancial,(m)
material or in kind, allocated to the implementation o
Articles 3, 4 and 5 o this Convention; and
The amounts, types and destinations o international(n)
cooperation and assistance provided under Article 6
o this Convention.
The inormation provided in accordance with paragraph 12.
o this Article shall be updated by the States Parties annu-
ally, covering the previous calendar year, and reported to
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Article 9
National implementation measures
Each State Party shall take all appropriate legal, administrative
and other measures to implement this Convention, including
the imposition o penal sanctions to prevent and suppress
any activity prohibited to a State Party under this Convention
undertaken by persons or on territory under its jurisdiction or
control.
Article 10
Settlement o disputes
When a dispute arises between two or more States1.
Parties relating to the interpretation or application o
this Convention, the States Parties concerned shall con-
sult together with a view to the expeditious settlement o
the dispute by negotiation or by other peaceul means o
their choice, including recourse to the Meeting o States
Parties and reerral to the International Court o Justice in
conormity with the Statute o the Court.
The Meeting o States Parties may contribute to the settle-2.ment o the dispute by whatever means it deems appro-
priate, including oering its good ofces, calling upon the
States Parties concerned to start the settlement proce-
dure o their choice and recommending a time-limit or
any agreed procedure.
34
Article 11
Meetings o States Parties
The States Parties shall meet regularly in order to consider1.
and, where necessary, take decisions in respect o any
matter with regard to the application or implementation
o this Convention, including:
The operation and status o this Convention;(a)
Matters arising rom the reports submitted under the(b)provisions o this Convention;
International cooperation and assistance in accor-(c)
dance with Article 6 o this Convention;
The development o technologies to clear cluster(d)
munition remnants;
Submissions o States Parties under Articles 8 and 10(e)
o this Convention; and
Submissions o States Parties as provided or in Articles( )
3 and 4 o this Convention.
The rst Meeting o States Parties shall be convened by2.
the Secretary-General o the United Nations within one
year o entry into orce o this Convention. The subse-quent meetings shall be convened by the Secretary-
General o the United Nations annually until the rst
Review Conerence.
States not party to this Convention, as well as the United3.
Nations, other relevant international organisations or
institutions, regional organisations, the International
Committee o the Red Cross, the International Federation
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o Red Cross and Red Crescent Societies and relevant non-
governmental organisations may be invited to attend these
meetings as observers in accordance with the agreed rules
o procedure.
Article 12
Review Conerences
A Review Conerence shall be convened by the Secretary-1.General o the United Nations ve years ater the entry
into orce o this Convention. Further Review Conerences
shall be convened by the Secretary-General o the United
Nations i so requested by one or more States Parties, pro-
vided that the interval between Review Conerences shall
in no case be less than ve years. All States Parties to this
Convention shall be invited to each Review Conerence.
The purpose o the Review Conerence shall be:2.
To review the operation and status o this Convention;(a)
To consider the need or and the interval between(b)
urther Meetings o States Parties reerred to in para-
graph 2 o Article 11 o this Convention; and
To take decisions on submissions o States Parties as(c)
provided or in Articles 3 and 4 o this Convention.
States not party to this Convention, as well as the United3.
Nations, other relevant international organisations or
institutions, regional organisations, the International
Committee o the Red Cross, the International Federation
o Red Cross and Red Crescent Societies and relevant non-
governmental organisations may be invited to attend
each Review Conerence as observers in accordance with
the agreed rules o procedure.
36
Article 13
Amendments
At any time ater its entry into orce any State Party may1.
propose amendments to this Convention. Any proposal or
an amendment shall be communicated to the Secretary-
General o the United Nations, who shall circulate it to all
States Parties and shall seek their views on whether an
Amendment Conerence should be convened to consider
the proposal. I a majority o the States Parties notiy theSecretary-General o the United Nations no later than 90
days ater its circulation that they support urther con-
sideration o the proposal, the Secretary-General o the
United Nations shall convene an Amendment Conerence
to which all States Parties shall be invited.
States not party to this Convention, as well as the United2.
Nations, other relevant international organisations or
institutions, regional organisations, the International
Committee o the Red Cross, the International Federation
o Red Cross and Red Crescent Societies and relevant non-
governmental organisations may be invited to attend
each Amendment Conerence as observers in accordance
with the agreed rules o procedure.
The Amendment Conerence shall be held immedi-3.
ately ollowing a Meeting o States Parties or a Review
Conerence unless a majority o the States Parties request
that it be held earlier.
Any amendment to this Convention shall be adopted by4.
a majority o two-thirds o the States Parties present and
voting at the Amendment Conerence. The Depositary
shall communicate any amendment so adopted to all
States.
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An amendment to this Convention shall enter into orce5.
or States Parties that have accepted the amendment on
the date o deposit o acceptances by a majority o the
States which were Parties at the date o adoption o the
amendment. Thereater it shall enter into orce or any
remaining State Party on the date o deposit o its instru-
ment o acceptance.
Article 14Costs and administrative tasks
The costs o the Meetings o States Parties, the Review1.
Conerences and the Amendment Conerences shall
be borne by the States Parties and States not party to
this Convention participating therein, in accordance
with the United Nations scale o assessment adjusted
appropriately.
The costs incurred by the Secretary-General o the United2.
Nations under Articles 7 and 8 o this Convention shall be
borne by the States Parties in accordance with the United
Nations scale o assessment adjusted appropriately.
The perormance by the Secretary-General o the United3.
Nations o administrative tasks assigned to him or her
under this Convention is subject to an appropriate United
Nations mandate.
38
Article 15
Signature
This Convention, done at Dublin on 30 May 2008, shall be open
or signature at Oslo by all States on 3 December 2008 and
thereater at United Nations Headquarters in New York until its
entry into orce.
Article 16Ratifcation, acceptance, approval or accession
This Convention is subject to ratication, acceptance or1.
approval by the Signatories.
It shall be open or accession by any State that has not2.
signed the Convention.
The instruments o ratication, acceptance, approval or3.
accession shall be deposited with the Depositary.
Article 17
Entry into orce This Convention shall enter into orce on the rst day o1.
the sixth month ater the month in which the thirtieth
instrument o ratication, acceptance, approval or acces-
sion has been deposited.
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For any State that deposits its instrument o ratication,2.
acceptance, approval or accession ater the date o the
deposit o the thirtieth instrument o ratication, accep-
tance, approval or accession, this Convention shall enter
into orce on the rst day o the sixth month ater the date
on which that State has deposited its instrument o rati-
cation, acceptance, approval or accession.
Article 18Provisional application
Any State may, at the time o its ratication, acceptance,
approval or accession, declare that it will apply provisionally
Article 1 o this Convention pending its entry into orce or that
State.
Article 19
Reservations
The Articles o this Convention shall not be subject to
reservations.
Article 20
Duration and withdrawal
This Convention shall be o unlimited duration.1.
Each State Party shall, in exercising its national sovereignty,2.
have the right to withdraw rom this Convention. It shall
give notice o such withdrawal to all other States Parties,
to the Depositary and to the United Nations Security
40
Council. Such instrument o withdrawal shall include a ull
explanation o the reasons motivating withdrawal.
Such withdrawal shall only take eect six months ater the3.
receipt o the instrument o withdrawal by the Depositary.
I, however, on the expiry o that six-month period, the
withdrawing State Party is engaged in an armed conict,
the withdrawal shall not take eect beore the end o the
armed conict.
Article 21
Relations with States not party to this
Convention
Each State Party shall encourage States not party to this1.
Convention to ratiy, accept, approve or accede to this
Convention, with the goal o attracting the adherence o
all States to this Convention.
Each State Party shall notiy the governments o all States2.
not party to this Convention, reerred to in paragraph 3 o
this Article, o its obligations under this Convention, shall
promote the norms it establishes and shall make its besteorts to discourage States not party to this Convention
rom using cluster munitions.
Notwithstanding the provisions o Article 1 o this3.
Convention and in accordance with international law,
States Parties, their military personnel or nationals, may
engage in military cooperation and operations with States
not party to this Convention that might engage in activi-
ties prohibited to a State Party.
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Nothing in paragraph 3 o this Article shall authorise a4.
State Party:
To develop, produce or otherwise acquire cluster(a)
munitions;
To itsel stockpile or transer cluster munitions;(b)
To itsel use cluster munitions; or(c)
To expressly request the use o cluster munitions in(d)
cases where the choice o munitions used is within its
exclusive control.
Article 22
Depositary
The Secretary-General o the United Nations is hereby desig-
nated as the Depositary o this Convention.
Article 23
Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish texts
o this Convention shall be equally authentic.
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MISSION
The International Committee o the Red Cross (ICRC) is an
impartial, neutral and independent organization whose
exclusively humanitarian mission is to protect the lives anddignity o victims o armed conict and other situations o
violence and to provide them with assistance.
The ICRC also endeavours to prevent suering by promotingand strengthening humanitarian law and universal
humanitarian principles.
Established in 1863, the ICRC is at the origin o theGeneva Conventions and the International Red Cross and
Red Crescent Movement. It directs and coordinates the
international activities conducted by the Movement in
armed conicts and other situations o violence.
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The Convention on Cluster Munitions is an
important treaty o international humanitarian law.
It prohibits the use, production, stockpiling and
transer o cluster munitions. It also commits States
to clearing contaminated areas, destroying their
stockpiles and helping cluster munition victims.
When widely adhered to and implemented, this
treaty will go ar towards ending the suering
caused by cluster munitions and help ensure that
such weapons are not used in the uture.
This publication contains the text o the Convention
adopted on 30 May 2008 by the Dublin Diplomatic
Conerence on Cluster Munitions. It is intended to
promote understanding o the Conventions rules
and to acilitate its ratication and implementation
by governments.
61/002
09.2
008
3000