Convention on Cluster Munitions (CCM)

The Convention on Cluster Munitions (CCM) is an international treaty that prohibits the use, stockpiling, production, and transfer of cluster munitions. The various articles in the Convention address victim’s assistance, clearance of contaminated areas, destruction of stockpiles, and transparency measures as well as guidance to address possible compliance issues. As of May 3rd, 2013, 112 states have joined the convention: 83 as state parties and 29 as signatories. The treaty became binding international law when it entered into force on August 1st 2010.[i]

 

Goal: The Convention on Cluster Munitions aims to put an end to the suffering and casualties caused by cluster munitions and ensure the rights of cluster munition victims.

 

Relevant Clauses:[ii]

 

Article 1: General obligations and scope of application

1. Each State Party undertakes never under any circumstances to:

(a) Use cluster munitions;

(b) Develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions;

(c) Assist, encourage or induce anyone to engage in any activity prohibited to a State Party under this Convention…

3. This Convention does not apply to mines.

Article 2: Definitions

2. “Cluster munition” means a conventional munition that is designed to disperse or release explosive submunitions each weighing lessthan 20 kilograms, and includes those explosive submunitions…

Article 3: Storage and stockpile destruction

1. Each State Party shall, in accordance with national regulations, separate all cluster munitions…and mark them for the purpose of destruction.

2. Each State Party undertakes to destroy or ensure the destruction of all cluster munitions…not later than eight years after the entry into force of this Convention for that State Party…

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…

(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;

(c) Take all feasible steps to ensure that all cluster munition contaminated areas under its jurisdiction or control are perimeter-marked, monitored…

(d) Clear and destroy all cluster munition remnants located in areas under its jurisdiction…

Article 5: Victim assistance

1. …with respect to cluster munition victims in areas under its jurisdiction or control shall…adequately provide age- and gender-sensitive assistance, including medical care, rehabilitation and psychological support, as well as provide for their social and economic inclusion…

 (a) Assess the needs of cluster munition victims;

(b) Develop, implement and enforce any necessary national laws and policies;

(e) Not discriminate against or among cluster munition victims, or between cluster munition victims and those who have suffered injuries or disabilities from other causes…

(f) Closely consult with and actively involve cluster munition victims and their representative organisations;

 Article 6: International cooperation and assistance

1. …each State Party has the right to seek and receive assistance.

2. Each State Party in a position to do so shall provide technical, material and financial assistance to States Parties affected by cluster munitions…

4. …each State Party in a position to do so shall provide assistance for clearance and destruction of cluster munition remnants…

5. …stockpiled cluster munitions, and shall also provide assistance to identify, assess and prioritise needs and practical measures in terms of marking, risk reduction education, protection of civilians and clearance and destruction as provided…

Article 7: Transparency measures

1. Each State Party shall report to the Secretary-General of the United Nations…on:

(a) …national implementation

(b) …total of all cluster munitions, including explosive submunitions,

(c) …technical characteristics of each type of cluster munition produced …and those currently owned or possessed by it,

(d) The status and progress of programmes for the conversion or decommissioning of production facilities for cluster munitions;

(e) …of programmes for the destruction…of cluster munitions,including explosive submunitions,

(f) The types and quantities of cluster munitions

(g) Stockpiles of cluster munitions

(h) …size and location of all cluster munition contaminated areas under its jurisdiction…

(i) The status and progress of programmes for the clearance and destruction…

(j) The measures taken to provide risk reduction education and, in particular, an immediate and effective warning to civilians

Article 21: Relations with States not party to this Convention

  1. Each State Party shall encourage States not party to this Convention to ratify, accept, approve or accede to this Convention, with the goal of attracting the adherence of all States to this Convention.

 


[i] DIPLOMATIC CONFERENCE FOR THE ADOPTION OF A CONVENTION ON CLUSTER MUNITIONS. (2008, May 30). Retrieved July 8, 2013, from Convention on Cluster Munitions: http://www.clusterconvention.org/files/2011/01/Convention-ENG.pdf

[ii] UN Secretary General. (2008, May 19-30). Convention on Cluster Munitions. Retrieved September 11, 2013, from Convention on Cluster Munitions: http://www.facing-finance.org/wp-content/blogs.dir/16/files/2012/05/CCM_3sprachig.pdf

 

 

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