Convention on Cluster Munitions

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Convention on Cluster Munitions
Cluster Munitions Convention.svg
Signatories to the convention (blue) and states parties (purple)
Type Disarmament
Drafted19–30 May 2008 in Dublin
Signed3 December 2008
Location Oslo, Norway
Effective1 August 2010 [1]
Condition6 months after 30 ratifications [2]
Signatories108 [3]
Parties112 [3]
Depositary UN Secretary-General [4]
LanguagesArabic, Chinese, English, French, Russian, and Spanish [5]
Full text
Wikisource-logo.svg Convention on Cluster Munitions at Wikisource

The Convention on Cluster Munitions (CCM) is an international treaty that prohibits all use, transfer, production, and stockpiling of cluster munitions, a type of explosive weapon which scatters submunitions ("bomblets") over an area. Additionally, the convention establishes a framework to support victim assistance, clearance of contaminated sites, risk reduction education, and stockpile destruction. The convention was adopted on 30 May 2008 in Dublin, [6] and was opened for signature on 3 December 2008 in Oslo. It entered into force on 1 August 2010, six months after it was ratified by 30 states. [2] As of December 2023, a total of 124 states are committed to the goal of the convention, with 112 states that have ratified it, and 12 states that have signed the convention but not yet ratified it. [3] a

Contents

Countries that ratify the convention are obliged "never under any circumstances to": [7]

  1. Use cluster munitions;
  2. Develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions;
  3. 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 same unexploded ordnance risks as cluster munitions. Permitted weapons must contain fewer than ten submunitions, and each must weigh more than 4 kilograms (8.8 lb), and each submunition must have the capability to detect and engage a single target object and contain electronic self-destruct and self-deactivation mechanisms. [8] Weapons containing submunitions which all individually weigh at least 20 kg (44 lb) are also excluded. [9] A limited number of prohibited weapons and submunitions can be acquired and kept for 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 limit 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 unexploded for years until disturbed. The sometimes brightly-colored munitions are not camouflaged, but have been compared to toys or Easter eggs, attracting children at play. [10] [11] 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. [12] 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. [13] Norway organized the independent Oslo Process after discussions at the traditional disarmament forum in Geneva fell through in November 2006. [14]

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. [15] [16]

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. [17]

Adoption

Ban Advocates from Afghanistan and Ethiopia demonstrating during the May 2008 Dublin conference Stop cluster bombs march.jpg
Ban Advocates from Afghanistan and Ethiopia demonstrating during the May 2008 Dublin conference

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. [18] Its text was formally adopted on 30 May 2008 by 107 nations, [19] including 7 of the 14 countries that have used cluster bombs and 17 of the 34 countries that have produced them. [20]

The treaty was opposed by a number of countries that produce or stockpile significant quantities of cluster munitions, including China, Russia, the United States, India, Israel, Pakistan and Brazil. [12] 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. [21] 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. [12] In 2006, Barack Obama voted to support a legislative measure to limit use of the bombs, while his general election opponent John McCain and his primary opponent Hillary Clinton both voted against it. [22] In 2008, the Pentagon pledged not to use any cluster munitions with a failure rate higher than 1 percent after 2018. However, the U.S. did not impose an outright ban. [23] [24]

The treaty allows certain types of weapons with submunitions that do not have the indiscriminate area effects or pose the same unexploded ordnance risks as the prohibited weapons. These must contain no more than nine submunitions, and no submunition may weigh less than 4 kilograms (8.8 lb). Each submunition must have the capability to detect and engage a single target object and contain electronic self-destruct and self-deactivation devices. [8] Weapons containing submunitions which each weigh at least 20 kg (44 lb) are also excluded. [9] 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. [8]

In response to U.S. lobbying, and also concerns raised by diplomats from Australia, Canada, Japan, the United Kingdom 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. [25] David Miliband, Britain's foreign secretary, approved the use of a loophole to manoeuvre around the ban which allows the US to keep the munitions on British territory. [26]

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 an unexpected turn of events shortly before the end of the conference, Prime Minister Gordon Brown declared that the United Kingdom would withdraw all of its cluster bombs from service. [27] 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.[ citation needed ]

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 four (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. [28] Finland had declared it would not sign, [29] having just signed the Ottawa Treaty and replaced its mine arsenal largely with cluster munitions.

Entry into force

According to article 17 of the treaty, the convention entered into force "on the first day of the sixth month after the month in which the thirtieth instrument of ratification, acceptance, approval or accession has been deposited". [30] Since the thirtieth ratification was deposited during February 2010, the convention entered into force on 1 August 2010; by that point, 38 nations had ratified the treaty.

As the convention entered into force, UN Secretary-General Ban Ki-moon spoke of "not only the world's collective revulsion at these abhorrent weapons, but also the power of collaboration among governments, civil society and the United Nations to change attitudes and policies on a threat faced by all humankind". [31] A spokesman for the International Committee of the Red Cross said "These weapons are a relic of the Cold War. They are a legacy that has to be eliminated because they increasingly won't work." [32] Nobel Peace Prize winner Jody Williams called the convention "the most important disarmament and humanitarian convention in over a decade". [32]

Anti-cluster munitions campaigners praised the rapid progress made in the adoption of the convention, and expressed hope that even non-signatories – such as China, North Korea, Russia, and the US – would be discouraged from using the weapons by the entry into force of the convention. [33] As one of the countries that did not ratify the treaty, the United States said that cluster bombs are a legal form of weapon, and that they had a "clear military utility in combat." It also said that compared to other types of weapons, cluster bombs are less harmful to civilians. [31]

Article 11 required the first meeting of states parties to be held within 12 months of the entry into force. The first such meeting was held in Laos in November 2010. [34] There is a president, currently Swiss ambassador Félix Baumann. [35]

According to Cluster Munition Monitor 2022, the list of 16 countries that refuse to sign the convention and who produce cluster munitions included Brazil, China, Egypt, Greece, India, Iran, Israel, North Korea, Pakistan, Poland, Romania, Russia, Singapore, South Korea, Turkey and the United States. [36]

Withdrawals

On 18 July 2024, the Parliament of Lithuania decided to withdraw from the convention. [37] The Lithuanian government argued that Russia has used cluster munitions extensively during the Russian invasion of Ukraine and would not hesitate to use them in conflict with NATO. [38] The government also pointed out that of the NATO states bordering Russia, only Lithuania and Norway were parties to the convention. [37] Lithuania deposited its instrument of withdrawal from the convention on 6 September 2024, [39] and the withdrawal took effect on 6 March 2025. [40]

Use of cluster munitions

State parties

Signatories to the convention (blue) and states parties (purple) Cluster Munitions Convention.svg
Signatories to the convention (blue) and states parties (purple)

As of September 2024, there were 112 states parties to the convention. [3]

State partySignedRatified or accededEntered into force
Flag of the Taliban.svg Afghanistan3 December 20089 September 20111 March 2012
Flag of Albania.svg Albania3 December 200816 June 20091 August 2010
Flag of Andorra.svg Andorra9 April 20131 October 2013
Flag of Antigua and Barbuda.svg Antigua and Barbuda16 July 201023 August 20101 February 2011
Flag of Australia (converted).svg Australia3 December 20088 October 20121 April 2013
Flag of Austria.svg Austria3 December 20082 April 20091 August 2010
Flag of Belgium (civil).svg Belgium3 December 200822 December 20091 August 2010
Flag of Belize.svg Belize2 September 20142 September 2014 [a]
Flag of Benin.svg Benin3 December 200810 July 20171 January 2018
Flag of Bolivia.svg Bolivia3 December 200830 April 20131 October 2013
Flag of Bosnia and Herzegovina.svg Bosnia and Herzegovina3 December 20087 September 20101 March 2011
Flag of Botswana.svg Botswana3 December 200827 June 20111 December 2011
Flag of Bulgaria.svg Bulgaria3 December 20086 April 20111 October 2011
Flag of Burkina Faso.svg Burkina Faso3 December 200816 February 20101 August 2010
Flag of Burundi.svg Burundi3 December 200825 September 20091 August 2010
Flag of Cape Verde.svg Cabo Verde3 December 200819 October 20101 April 2011
Flag of Cameroon.svg Cameroon15 December 200912 July 20121 January 2013
Flag of Canada (Pantone).svg Canada3 December 200816 March 20151 September 2015
Flag of Chad.svg Chad3 December 200826 March 20131 September 2013
Flag of Chile.svg Chile3 December 200816 December 20101 June 2011
Flag of Colombia.svg Colombia3 December 200810 September 20151 March 2016
Flag of the Comoros.svg Comoros3 December 200828 July 20101 January 2011
Flag of the Republic of the Congo.svg Republic of the Congo3 December 20082 September 20141 March 2015
Flag of the Cook Islands.svg Cook Islands3 December 200823 August 20111 February 2012
Flag of Costa Rica.svg Costa Rica3 December 200828 April 20111 October 2011
Flag of Cote d'Ivoire.svg Côte d'Ivoire4 December 200812 March 20121 September 2012
Flag of Croatia.svg Croatia3 December 200817 August 20091 August 2010
Flag of Cuba.svg Cuba6 April 20161 October 2016
Flag of the Czech Republic.svg Czech Republic3 December 200822 September 20111 March 2012
Flag of Denmark.svg Denmark [b] 3 December 20082 February 20101 August 2010
Flag of the Dominican Republic.svg Dominican Republic10 November 200920 December 20111 June 2012
Flag of Ecuador.svg Ecuador3 December 200811 May 20101 November 2010
Flag of El Salvador.svg El Salvador3 December 200810 January 20111 July 2011
Flag of Eswatini.svg Eswatini16 September 20111 March 2012
Flag of Fiji.svg Fiji3 December 200828 May 20101 November 2010
Flag of France.svg France3 December 200825 September 20091 August 2010
Flag of The Gambia.svg Gambia3 December 200811 December 20181 June 2019
Flag of Germany.svg Germany3 December 20088 July 20091 August 2010
Flag of Ghana.svg Ghana3 December 20083 February 20111 August 2011
Flag of Grenada.svg Grenada29 June 20111 December 2011
Flag of Guatemala.svg Guatemala3 December 20083 November 20101 May 2011
Flag of Guinea.svg Guinea3 December 200821 October 20141 April 2015
Flag of Guinea-Bissau.svg Guinea-Bissau4 December 200829 November 20101 May 2011
Flag of Guyana.svg Guyana31 October 20141 April 2015
Flag of the Vatican City - 2001 version.svg Holy See3 December 20083 December 20081 August 2010
Flag of Honduras.svg Honduras3 December 200821 March 20121 September 2012
Flag of Hungary.svg Hungary3 December 20083 July 20121 January 2013
Flag of Iceland.svg Iceland12 November 200931 August 20151 February 2016
Flag of Iraq.svg Iraq12 November 200914 May 20131 November 2013
Flag of Ireland.svg Ireland3 December 20083 December 20081 August 2010
Flag of Italy.svg Italy3 December 200821 September 20111 March 2012
Flag of Japan.svg Japan3 December 200814 July 20091 August 2010
Flag of Laos.svg Laos3 December 200818 March 20091 August 2010
Flag of Lebanon.svg Lebanon3 December 20085 November 20101 May 2011
Flag of Lesotho.svg Lesotho3 December 200828 May 20101 November 2010
Flag of Liechtenstein.svg Liechtenstein3 December 20084 March 20131 September 2013
Flag of Luxembourg.svg Luxembourg3 December 200810 July 20091 August 2010
Flag of North Macedonia.svg North Macedonia3 December 20088 October 20091 August 2010
Flag of Madagascar.svg Madagascar3 December 200820 May 20171 November 2017
Flag of Malawi.svg Malawi3 December 20087 October 20091 August 2010
Flag of Maldives.svg Maldives27 September 20191 March 2020
Flag of Mali.svg Mali3 December 200830 January 20101 August 2010
Flag of Malta.svg Malta3 December 200824 September 20091 August 2010
Flag of Mauritania.svg Mauritania19 April 20101 February 20121 August 2012
Flag of Mauritius.svg Mauritius1 October 20151 April 2016
Flag of Mexico.svg Mexico3 December 20086 May 20091 August 2010
Flag of Moldova.svg Moldova3 December 200816 February 20101 August 2010
Flag of Monaco.svg Monaco3 December 200821 September 20101 March 2011
Flag of Montenegro.svg Montenegro3 December 200825 January 20101 August 2010
Flag of Mozambique.svg Mozambique3 December 200814 March 20111 September 2011
Flag of Namibia.svg Namibia3 December 200831 August 20181 February 2019
Flag of Nauru.svg Nauru3 December 20084 February 20131 August 2013
Flag of the Netherlands.svg Netherlands [c] 3 December 200823 February 20111 August 2011
Flag of New Zealand.svg New Zealand [d] 3 December 200822 December 20091 August 2010
Flag of Nicaragua.svg Nicaragua3 December 20082 November 20091 August 2010
Flag of Nigeria.svg Nigeria12 June 200928 February 20231 August 2023
Flag of Niue.svg Niue [42] 6 August 20201 February 2021
Flag of Niger.svg Niger3 December 20082 June 20091 August 2010
Flag of Norway.svg Norway3 December 20083 December 20083 December 2008 [a]
Flag of Palau.svg Palau3 December 200819 April 20161 October 2016
Flag of Palestine.svg State of Palestine2 January 20151 July 2015
Flag of Panama.svg Panama3 December 200829 November 20101 May 2011
Flag of Paraguay.svg Paraguay3 December 200812 March 20151 September 2015
Flag of Peru.svg Peru3 December 200826 September 20121 March 2013
Flag of the Philippines.svg Philippines3 December 20083 January 20193 July 2019
Flag of Portugal.svg Portugal3 December 20089 March 20111 September 2011
Flag of Rwanda.svg Rwanda3 December 200825 August 20151 February 2016
Flag of Saint Kitts and Nevis.svg Saint Kitts and Nevis13 September 20131 March 2014
Flag of Saint Lucia.svg Saint Lucia15 September 20201 March 2021 [43]
Flag of Saint Vincent and the Grenadines.svg Saint Vincent and the Grenadines23 September 200929 October 20101 April 2011
Flag of Samoa.svg Samoa3 December 200828 April 20101 October 2010
Flag of San Marino.svg San Marino3 December 200810 July 20091 August 2010
Flag of Sao Tome and Principe.svg Sao Tome and Principe3 December 200827 January 20201 July 2020
Flag of Senegal.svg Senegal3 December 20083 August 20111 February 2012
Flag of Seychelles.svg Seychelles13 April 201020 May 20101 November 2010
Flag of Sierra Leone.svg Sierra Leone3 December 20083 December 20081 August 2010
Flag of Slovakia.svg Slovakia24 July 20151 January 2016
Flag of Slovenia.svg Slovenia3 December 200819 August 20091 August 2010
Flag of Somalia.svg Somalia3 December 200830 September 20151 March 2016
Flag of South Africa.svg South Africa3 December 200828 May 20151 November 2015
Flag of South Sudan.svg South Sudan3 August 20233 August 2023
Flag of Spain.svg Spain3 December 200817 June 20091 August 2010
Flag of Sri Lanka.svg Sri Lanka1 March 20181 September 2018
Flag of Sweden.svg Sweden3 December 200823 April 20121 October 2012
Flag of Switzerland (Pantone).svg  Switzerland3 December 200817 July 201217 July 2012 [a]
Flag of Togo (3-2).svg Togo3 December 200822 June 20121 December 2012
Flag of Trinidad and Tobago.svg Trinidad and Tobago21 September 20111 March 2012
Flag of Tunisia.svg Tunisia12 January 200928 September 20101 March 2011
Flag of the United Kingdom.svg United Kingdom3 December 20084 May 20101 November 2010
Flag of Uruguay.svg Uruguay3 December 200824 September 20091 August 2010
Flag of Zambia.svg Zambia3 December 200812 August 20091 August 2010
  1. 1 2 3 Pending formal entry into force, the state provisionally applied the convention as of this date
  2. The convention does not apply to the Faroe Islands
  3. The convention does not apply to Aruba or Sint Maarten [41]
  4. The convention does not apply to Tokelau

Another 12 states have signed, but not ratified the convention.

StateSigned
Flag of Angola.svg Angola3 December 2008
Flag of the Central African Republic.svg Central African Republic3 December 2008
Flag of Cyprus.svg Cyprus23 September 2009
Flag of the Democratic Republic of the Congo.svg Democratic Republic of the Congo18 March 2009
Flag of Djibouti.svg Djibouti30 July 2010
Flag of Haiti.svg Haiti28 October 2009
Flag of Indonesia.svg Indonesia3 December 2008
Flag of Jamaica.svg Jamaica12 June 2009
Flag of Kenya.svg Kenya3 December 2008
Flag of Liberia.svg Liberia3 December 2008
Flag of Tanzania.svg Tanzania3 December 2008
Flag of Uganda.svg Uganda3 December 2008

One state has withdrawn from the convention:

State partySignedRatified or accededEntered into forceWithdrawal initiatedWithdrawal depositedWithdrawal in effect
Flag of Lithuania.svg Lithuania3 December 200824 March 201124 March 201118 July 2024 [44] 6 September 2024 [39] 6 March 2025 [39]

See also

Notes

^a The French title is "fr:Convention sur les armes à sous-munitions"

References

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Official

Non-governmental organisations