Cluster munitions and international law
Subtitle: disarmament with a human face?
By: Alexander Breitegger
Series: Routledge research in the law of armed conflicts; Routledge research in the law of armed conflicts
Publisher: Routledge
Published: 2012
Place of publication: Abingdon, Oxon; New York, NY
Language: eng
Number of pages: 271
ISBN-13: 9780415668156; 9780203145920
Subjects: Cluster bombs (International law)
Description: "For over sixty years, cluster munitions have caused civilian deaths and injury because of the wide area over which they have an effect, their relative inaccuracy and because of the post-conflict legacy of unexploded sub-munitions. Originally designed to attack wide-area and fast-moving targets like airfields, military bases or large numbers of personnel or tanks remote from concentrations of civilians, the record of civilian death and injury in past armed conflicts suggests that cluster munitions have frequently not been used in the ways in which they were intended.This book offers a comprehensive and interdisciplinary legal analysis of restraints and prohibitions, on the use of cluster munitions under international humanitarian law, human rights law, and international criminal law, as well as the recently adopted Convention on Cluster Munitions. The book analyses of the case law on cluster munitions use before the Ethiopia and Eritrea Claims Commission and the ICTY, as well as recent policy statements from states, organizations and civil societies. The book goes on to offer an in-depth substantive and procedural analysis of the negotiations which led to the 2008 Convention on Cluster Munitions (CCM), in part based on this authors experiences as an adviser to Cluster Munition Coalition-Austria.The book clearly demonstrates why the adoption of a specific disarmament treaty, the Convention on Cluster Munitions was necessary for the better protection of civilians from the effects of cluster munitions, and the potential the CCM holds for meeting this objective"--Provided by publisher.

"This book offers a comprehensive argument for why pre-existing international law on cluster munitions was inadequate to deal with the full scope of humanitarian consequences associated with their use. The book undertakes an interdisciplinary legal analysis of restraints and prohibitions on the use of cluster munitions under international humanitarian law, human rights law, and international criminal law, as well as in relation to the recently adopted Convention on Cluster Munitions (CCM). The book goes on to offer an in-depth substantive and procedural analysis of the negotiations which led to the 2008 CCM, in part based on the author's experiences as an adviser to Cluster Munitions Coalition-Austria. Cluster Munitions and International Law is essential reading for practitioners and scholars of International Law, including International Humanitarian, Human Rights, International Criminal or Disarmament Law and anyone interested in legal and humanitarian perspectives on cluster munitions legislation and policy. It is unique in bringing a practitioner's perspective to a scholarly work"--Provided by publisher.
Notes: Includes bibliographical references (p. [248]-259) and index.
Table of contents: title: Introduction; title: 1.1.The necessity for disarmament with a human face in relation to cluster munitions; title: 1.2.On methodology and limitations of the topic; title: 1.3.Overview of chapters; title: 2.Factual evidence in relation to cluster munitions; title: 2.1.What are cluster munitions? Properties and military purpose; title: 2.2.A history of cluster munition use, production and proliferation; title: 2.3.Humanitarian concerns; title: 3.Existing international humanitarian law relevant to cluster munitions; title: 3.1.Military necessity v. humanity; title: 3.2.Distinction; title: 3.3.Proportionality; title: 3.4.Precautionary obligations imposed on the attacker; title: 3.5.The 2003 Protocol V on explosive remnants of war; title: 4.Jurisprudence on IHL in relation to cluster munition use; title: 4.1.The Eritrea; title: Ethiopia Claims Commission partial award of 28 April 2004; title: 4.2.The Martic case before the ICTY; title: 4.3.The ICTY OTP's treatment of NATO cluster munition use.; title: 5.The use of cluster munitions as a human rights problem; title: 5.1.The relationship between IHL and human rights law; title: 5.2.The application of the right to life to cluster munition use during armed conflict; title: 5.3.The application of the right not to be subjected to cruel or inhuman treatment to cluster munition use during armed conflict; title: 5.4.The application of the right to life to victims of unexploded sub-munitions; title: 5.5.The application of social, economic and children's rights to contamination with unexploded sub-munitions; title: 5.6.The Ottawa Convention on anti-personnel mines; title: 5.7.The Convention on the Rights of Persons with Disabilities; title: 6.Issues related to cluster munition use before human rights mechanisms; title: 6.1.The Behrami case before the European Court for Human Rights; title: 6.2.The UN special procedures on the use of cluster munitions in Lebanon and Israel; title: 7.The Oslo process on cluster munitions and its interaction with the CCW; title: 7.1.The Third Review Conference of the CCW; title: 7.2.The Oslo Conference on cluster munitions; title: 7.3.The Lima Conference on cluster munitions; title: 7.4.The Vienna Conference on cluster munitions; title: 7.5.The Wellington Conference on cluster munitions: towards the Wellington Declaration; title: 8.The Convention on Cluster Munitions; title: 8.7.Interoperability; title: 8.2.The definition of prohibited cluster munitions; title: 8.3.Stockpile destruction; title: 8.4.Clearance and destruction of cluster munition remnants and risk reduction education; title: 8.5.Victim assistance; title: 8.6.The issue of financing cluster munition producers; title: 9.Conclusions.