sou · GYB322d3 · 2011-01-01 00:00:00 — Inget i denna del skall inverka på staternas tillämpning av straff som föreskrivs i deras nationella lag eller på lagen i stater där de straff som föreskrivs i denna del inte förekommer. Convention on Cluster Munitions, (Konventionen om klusterammunition) Frågan om en reglering av klusterammunition har varit föremål för diskussion i FN - inom ramen vapenkonvention. Det har dock ännu inte gått att nå nöd- vändig konsensus i frågan. I likhet med hanteringen av förbudet mot truppminor (vilket utmynnande i ) valde en grupp stater, FN-organisationer, Internationella röda- korskommittén och Koalitionen för klusterammunition (the Cluster Munitions Coalition) att försöka reglera klusterammu- nition i annat forum. Vid en konferens i diskuterades således de humanitära problem som klusterammu- nition orsakar. Ambitionen var att kunna anta ett juridiskt bindande instrument som förbjuder användning, pro- duktion, försäljning och förvaring av klusterammunition samt att etablera ett system för samarbete kring frågor såsom behand- ling av dem som skadats av vapnet, röjning av utsatta områden, utbildning samt förstöring av vapenlager. hölls en diplomatkonferens i med över 100 stater närvarande. Konferensen antog Convention on Cluster Munitions (konventionen om klusterammunition). Konventionen syftar till ett och villkorslöst förbud mot klusterammunition, såsom det definieras i konventionen. Parterna till konventionen förpliktar sig att inte använda, ut- veckla, producera, införskaffa, lagra, inneha eller försälja klusterammunition eller att bistå andra stater att göra så. Kon- ventionen medger inga undantag från dessa förbud. tionen öppnades för undertecknande i . Det svenska ratificeringsarbetet pågår () inom . I enlighet med konventionens artikel 17 kommer konven- tionen att träda i kraft efter det att 30 stater har ratificerat konventionen. Convention on Cluster Munitions The States Parties to this Convention, Deeply concerned that civilian populations and individual civilians continue to bear the brunt of armed conflict, Determined to put an end for all time to the suffering and casualties caused by cluster munitions at the time of their use, when they fail to function as intended or when they are abandoned, Concerned that cluster munition remnants kill or maim civilians, including women and children, obstruct economic and social development, including through the loss of livelihood, impede post-conflict rehabilitation and reconstruction, delay or prevent the return of refugees and internally displaced persons, can nega- tively impact on national and international peace-building and humanitarian assistance efforts, and have other severe conse- quences that can persist for many years after use, Deeply concerned also at the dangers presented by the large national stockpiles of cluster munitions retained for operational use and determined to ensure their rapid destruction, Believing it necessary to contribute effectively in an efficient, coordinated to resolving the challenge of removing cluster munition remnants located throughout the world, and to ensure their destruction, Determined also to ensure the full realisation of the rights of all cluster munition victims and recognising their inherent dignity, Resolved to do their utmost in providing assistance to cluster munition victims, including care, rehabilitation and psychological support, as well as providing for 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 of vulnerable groups, Bearing in mind the Convention on the Rights of Persons with Disabilities which, inter alia, requires that States Parties to that Convention undertake to ensure and promote the full realisation of all human rights and fundamental freedoms of all persons with disabilities without discrimination of any kind on the basis of disability, Mindful of the need to coordinate adequately efforts undertaken in various fora to address the rights and needs of victims of various types of weapons, and resolved to avoid discrimination among victims of various types of weapons, Reaffirming that in cases not covered by this Convention or by other international agreements, civilians and combatants remain under the protection and authority of the principles of interna- tional law, derived from established custom, from the principles of humanity and from the dictates of public conscience, Resolved also that armed groups distinct from the armed forces of a State shall not, under any circumstances, be permitted to engage in any activity prohibited to a State Party to this Conven- tion, Welcoming the very broad international support for the international norm prohibiting anti-personnel mines, enshrined in the 1997 Convention on the Prohibition of the Use, Stockpiling, 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 Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which be Deemed to be Excessively Injurious or to Effects, and its entry into force on , and wishing to enhance the protection of civilians from the effects of cluster munition remnants in post-conflict environments, Bearing in mind also Resolu- tion 1325 on women, peace and security and United Nations Secu- rity Council Resolution on children in armed conflict, Wel- coming further the steps taken nationally, regionally and globally in recent years aimed at prohibiting, restricting or suspending the use, stockpiling, production and transfer of cluster munitions, Stressing the role of public conscience in furthering the princip- les of humanity as evidenced by the global call for an end to civilian suffering caused by cluster munitions and recognising the efforts to that end undertaken by the United Nations, , the Cluster Munition Coalition and numerous other non-governmental organisations around the world, Reaffirming the Declaration of the Conference on Cluster Munitions, by which, inter alia, States recognised the grave con- sequences caused by the use of cluster munitions and committed themselves to conclude by 2008 a legally binding instrument that would prohibit the use, production, transfer and stockpiling of cluster munitions that cause unacceptable harm to civilians, and would establish a framework for cooperation and assistance that ensures adequate provision of care and rehabilitation for victims, clearance of contaminated areas, risk reduction education and destruction of stockpiles, Emphasising the desirability of attracting the adherence of all States to this Convention, and determined to work strenuously towards the promotion of its universalisation and its full imple- mentation, Basing themselves on the principles and rules of international humanitarian law, in particular the principle that the right of parties to an armed conflict to choose methods or means of warfare is not unlimited, and the rules that the parties to a conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly direct their operations against military objectives only, that in the conduct of military operations 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 from military operations, Article 1 General obligations and scope of application Each State Party undertakes never under any circumstances (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. 2.Paragraph 1 of this Article applies, mutatis mutandis, to explosive bomblets that are specifically designed to be dispersed or released from dispensers affixed to aircraft. 3.This Convention does not apply to mines. For the purposes of this Convention: 1.Cluster munition victims means all persons who have been killed or suffered physical or psychological injury, economic loss, social marginalisation or substantial impairment of the realisation of their rights caused by the use of cluster munitions. They include those persons directly impacted by cluster munitions as well as their affected families and communities; 2.Cluster munition means a conventional munition that is designed to disperse or release explosive submunitions each weigh- ing less than 20 kilograms, and includes those explosive submuni- tions. It does not mean the following: (a)A munition or submunition designed to dispense flares, smoke, pyrotechnics or chaff; or a munition designed exclusively for an air defence role; (b)A munition or submunition designed to produce electrical or electronic effects; (c)A munition that, in order to avoid indiscriminate area effects and the risks posed by unexploded submunitions, has all of the following characteristics: (i)Each munition contains fewer than ten explosive sub munitions; (ii)Each explosive submunition weighs more than four kilograms; (iii)Each explosive submunition is designed to detect and engage a single target object; (iv)Each explosive submunition is equipped with an electronic selfdestruction mechanism; (v)Each explosive submunition is equipped with an electronic selfdeactivating feature; 3.Explosive submunition means a conventional munition that in order to perform its task is dispersed or released by a cluster munition and is designed to function by detonating an explosive charge prior to, on or after impact; 4.Failed cluster munition means a cluster munition that has been fired, dropped, launched, projected or otherwise delivered and which should have dispersed or released its explosive submunitions but failed to do so; 5.Unexploded submunition means an explosive submunition that has been dispersed or released by, or otherwise separated from, a cluster munition and has failed to explode as intended; 6.Abandoned cluster munitions means cluster munitions or explosive submunitions that have not been used and that have been left behind or dumped, and that are no longer under the control of the party that left them behind or dumped them. They may or may not have been prepared for use; 7.Cluster munition remnants means failed cluster munitions, abandoned cluster munitions, unexploded submunitions and unexploded bomblets; 8.Transfer involves, in addition to the physical movement of cluster munitions into or from national territory, the transfer of title to and control over cluster munitions, but does not involve the transfer of territory containing cluster munition remnants; 9.Self-destruction mechanism means an incorporated automaticallyfunctioning mechanism which is in addition to the primary initiating mechanism of the munition and which secures the destruction of the munition into which it is incorporated; 10.Self-deactivating means automatically rendering a munition inoperable by means of the irreversible exhaustion of a component, for example a battery, that is essential to the operation of the munition; 11.Cluster munition contaminated area means an area known or suspected to contain cluster munition remnants; 12.Mine means a munition designed to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle; 13.Explosive bomblet means a conventional munition, weigh- ing less than 20 kilograms, which is not self-propelled and which, in order to perform its task, is dispersed or released by a dispenser, and is designed to function by detonating an explosive charge prior to, on or after impact; 14.Dispenser means a container that is designed to disperse or release explosive bomblets and which is affixed to an aircraft at the time of dispersal or release; 15.Unexploded bomblet means an explosive bomblet that has been dispersed, released or otherwise separated from a dispenser and has failed to explode as intended. Article 3 Storage and stockpile destruction 1.Each State Party shall, in accordance with national regula- tions, separate all cluster munitions under its jurisdiction and control from munitions retained for operational use and mark them for the purpose of destruction. 2.Each State Party undertakes to destroy or ensure the destruction of all cluster munitions referred to in paragraph 1 of this Article as soon as possible but not 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 applicable international standards for protecting public health and the environment. 3.If a State Party believes that it will be unable to destroy or ensure the destruction of all cluster munitions referred to in paragraph 1 of this Article within eight years of entry into force of this Convention for that State Party it may submit a request to a Meeting of States Parties or a Review Conference for an extension of the deadline for completing the destruction of such cluster munitions by a period of up to four years. A State Party may, in exceptional circumstances, request additional extensions of up to four years. The requested extensions shall not exceed the number of years strictly necessary for that State Party to complete its obligations under paragraph 2 of this Article. 4.Each request for an extension shall set out: (a)The duration of the proposed extension; (b)A detailed explanation of the proposed extension, including the financial and technical means available to or required by the State Party for the destruction of all cluster munitions referred to in paragraph 1 of this Article and, where app- licable, the exceptional circumstances justifying it; (c)A plan for how and when stockpile destruction will be completed; (d)The quantity and type of cluster munitions and explosive submunitions held at the entry into force of this Convention for that State Party and any additional cluster munitions or explosive submunitions discovered after such entry into force; (e)The quantity and type of cluster munitions and explosive submunitions destroyed during the period referred to in paragraph 2 of this Article; and (f)The quantity and type of cluster munitions and explosive submunitions remaining to be destroyed during the proposed extension and the annual destruction rate expected to be achieved. 5.The Meeting of States Parties or the Review Conference shall, taking into consideration the factors referred to in paragraph 4 of this Article, assess the request and decide by a majority of votes of States Parties present and voting whether to grant the request for an extension. The States Parties may decide to grant a shorter extension than that requested and may propose benchmarks for the extension, as appropriate. A request for an extension shall be submitted a minimum of nine months prior to the Meeting of States Parties or the Review Conference at which it is to be considered. 6.Notwithstanding the provisions of Article 1 of this Convention, the retention or acquisition of a limited number of cluster munitions and explosive submunitions for the development of and training in cluster munition and explosive submunition detection, clearance or destruction techniques, or for the develop- ment of cluster munition counter-measures, is 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 Article 1 of this Conven- tion, the transfer of cluster munitions to another State Party for the purpose of destruction, as well as for the purposes described in paragraph 6 of this Article, is permitted. 8.States Parties retaining, acquiring or transferring cluster munitions or explosive submunitions for the purposes described in paragraphs 6 and 7 of this Article shall submit a detailed report on the planned and actual use of these cluster munitions and explosive submunitions and their type, quantity and lot numbers. If cluster munitions or explosive submunitions are transferred to another State Party for these purposes, the report shall include reference to the receiving party. Such a report shall be prepared for each year during which a State Party retained, acquired or transferred cluster munitions or explosive submunitions and shall be submitted to the Secretary-General of the United Nations no later than of the following year. Article 4 Clearance and destruction of cluster munition remnants and risk reduction education 1.Each State Party undertakes to clear and destroy, or ensure the clearance and destruction of, cluster munition remnants located in cluster munition contaminated areas under its jurisdiction or control, as follows: (a)Where cluster munition remnants are located in areas under its jurisdiction or control at the date of entry into force of this Convention for that State Party, such clearance and destruc- tion shall be completed as soon as possible but not later than ten years from that date; (b)Where, after entry into force of this Convention for that State Party, cluster munitions have become cluster munition remnants located in areas under its jurisdiction or control, such clearance and destruction must be completed as soon as possible but not later than ten years after the end of the hostilities during which such cluster munitions became cluster munition remnants; and (c)Upon fulfilling either of its obligations set out in sub- paragraphs (a) and (b) of this paragraph, that State Party shall make a declaration of compliance to the next Meeting of States Parties. 2.In fulfilling its obligations under paragraph 1 of this Article, each State Party shall take the following measures as soon as possible, taking into consideration the provisions of Article 6 of this Convention regarding international cooperation and assistance: (a)Survey, assess and record the threat posed by cluster munition remnants, making every effort to identify all cluster munition contaminated areas under its jurisdiction or control; (b)Assess and prioritise needs in terms of marking, protection of civilians, clearance and destruction, and take steps to mobilise resources and develop a national plan to carry out these activi- ties, , where appropriate, upon existing structures, experiences and methodologies; (c)Take all feasible steps to ensure that all cluster munition contaminated areas under its jurisdiction or control are perimeter-marked, monitored and protected by fencing or other means to ensure the effective exclusion of civilians. Warning signs based on methods of marking readily recognisable by the affected community should be utilised in the marking of suspected hazardous areas. Signs and other hazardous area boundary markers should, as far as possible, be visible, legible, durable and resistant to environmental effects and should clearly identify which side of the marked boundary is considered to be within the cluster munition contaminated areas and which side is considered to be safe; (d)Clear and destroy all cluster munition remnants located in areas under its jurisdiction or control; and (e)Conduct risk reduction education to ensure awareness among civilians living in or around cluster munition contaminated areas of the risks posed by such remnants. 3.In conducting the activities referred to in paragraph 2 of this Article, each State Party shall take into account international standards, including the International (IMAS). 4.This paragraph shall apply in cases in which cluster munitions have been used or abandoned by one State Party prior to entry into force of this Convention for that State Party and have become cluster munition remnants that are located in areas under the jurisdiction or control of another State Party at the time of entry into force of this Convention for the latter. (a)In such cases, upon entry into force of this Convention for both States Parties, the former State Party is strongly encouraged to provide, inter alia, technical, financial, 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 organi- sations, to facilitate the marking, clearance and destruction of such cluster munition remnants. (b)Such assistance shall include, where available, information on types and quantities of the cluster munitions used, precise locations of cluster munition strikes and areas in which cluster munition remnants are known to be located. 5.If a State Party believes that it will be unable to clear and destroy or ensure the clearance and destruction of all cluster munition remnants referred to in paragraph 1 of this Article within ten years of the entry into force of this Convention for that State Party, it may submit a request to a Meeting of States Parties or a Review Conference for an extension of the deadline for completing the clearance and destruction of such cluster munition remnants by a period of up to five years. The requested extension shall not exceed the number of years strictly necessary for that State Party to complete its obligations under paragraph 1 of this Article. 6.A request for an extension shall be submitted to a Meeting of States Parties or a Review Conference prior to the expiry of the time period referred to in paragraph 1 of this Article for that State Party. Each request shall be submitted a minimum of nine months prior to the Meeting of States Parties or Review Conference at which it is to be considered. Each request shall set out: (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 and required by the State Party for the clearance and destruction of all cluster munition remnants during the proposed extension; (c)The preparation of future work and the status of work already conducted under national clearance and demining programmes during the initial ten year period referred to in paragraph 1 of this Article and any subsequent extensions; (d)The total area containing cluster munition remnants at the time of entry into force of this Convention for that State Party and any additional areas containing cluster munition remnants discovered after such entry into force; (e)The total area containing cluster munition remnants cleared since entry into force of this Convention; (f)The total area containing cluster munition remnants remain- ing to be cleared during the proposed extension; (g)The circumstances that have impeded the ability of the State Party to destroy all cluster munition remnants located in areas under its jurisdiction or control during the initial ten year period referred to in paragraph 1 of this Article, and those that may impede this ability during the proposed extension; (h)The humanitarian, social, economic and environmental impli- cations of the proposed extension; and (i)other information relevant to the request for the propo- sed extension. 7.The Meeting of States Parties or the Review Conference shall, taking into consideration the factors referred to in paragraph 6 of this Article, including, inter alia, the quantities of cluster munition remnants reported, assess the request and decide by a majority of votes of States Parties present and voting whether to grant the request for an extension. The States Parties may decide to grant a shorter extension than that requested and may propose bench- marks for the extension, as appropriate.