National Implementation and Interpretation of the Convention on Cluster Munitions

Similar documents
Based on Swiss Sustainable Finance s Focus: Controversial weapons exclusions 1

The Convention on Cluster Munitions Lusaka Progress Report

Submission from Human Rights Watch and Harvard Law School s International Human Rights Clinic January 2011

ARTICLE 7 REPORTING: A PROGRESS REPORT

Draft Beirut Progress Report Monitoring progress in implementing the Vientiane Action Plan from the First up to the Second Meeting of States Parties

Mapping physical therapy research

Status of Ratification and Implementation of the Kampala Amendments on the Crime of Aggression Update No. 11 (information as of 21 January 2014) 1

VISA POLICY OF THE REPUBLIC OF KAZAKHSTAN

Global Variations in Growth Ambitions

Contracting Parties to the Ramsar Convention

The National Police Immigration Service (NPIS) returned 444 persons in August 2018, and 154 of these were convicted offenders.

STATUS OF THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING AND USE OF CHEMICAL WEAPONS AND ON THEIR DESTRUCTION

Figure 2: Range of scores, Global Gender Gap Index and subindexes, 2016

India International Mathematics Competition 2017 (InIMC 2017) July 2017

Antipersonnel Mine Stockpile Destruction (Article 4)

UNHCR, United Nations High Commissioner for Refugees

List of countries whose citizens are exempted from the visa requirement

Country pairings for the second cycle of the Mechanism for the Review of Implementation of the United Nations Convention against Corruption

PROTOCOL RELATING TO AN AMENDMENT TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION ARTICLE 45, SIGNED AT MONTREAL ON 14 JUNE parties.

Copyright Act - Subsidiary Legislation CHAPTER 311 COPYRIGHT ACT. SUBSIDIARY LEGlSLA non. List o/subsidiary Legislation

GLOBAL RISKS OF CONCERN TO BUSINESS WEF EXECUTIVE OPINION SURVEY RESULTS SEPTEMBER 2017

LIST OF CHINESE EMBASSIES OVERSEAS Extracted from Ministry of Foreign Affairs of the People s Republic of China *

World Refugee Survey, 2001

LIST OF CONTRACTING STATES AND OTHER SIGNATORIES OF THE CONVENTION (as of January 11, 2018)

International students travel in Europe

The National Police Immigration Service (NPIS) forcibly returned 412 persons in December 2017, and 166 of these were convicted offenders.

INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT SIGNED AT CHICAGO ON 7 DECEMBER 1944

IR 1 Visitors

Return of convicted offenders

Collective Intelligence Daudi Were, Project

REPORT OF THE FOURTH SPECIAL SESSION OF THE CONFERENCE OF THE STATES PARTIES

2017 Social Progress Index

Implementing legislation: Some elements

UNDER EMBARGO UNTIL 9 APRIL 2018, 15:00 HOURS PARIS TIME

Proposed Indicative Scale of Contributions for 2016 and 2017

Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities

New York, 20 December 2006

World Heritage UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION

2018 Social Progress Index

The Multidimensional Financial Inclusion MIFI 1

The Anti-Counterfeiting Network. Ronald Brohm Managing Director

2016 Europe Travel Trends Report

CCW/P.V/CONF/2018/5. Draft final document. I. Introduction. 29 November Original: English

Beyond Kyoto Copenhagen Durban 2011

1994 No DESIGNS

REPORT OF THE THIRD REVIEW CONFERENCE

HUMAN RESOURCES IN R&D

Translation from Norwegian

Economic and Social Council

MIGRATION IN SPAIN. "Facebook or face to face? A multicultural exploration of the positive and negative impacts of

India, Bangladesh, Bhutan, Nepal and Sri Lanka: Korea (for vaccine product only):

1994 No PATENTS

AUSTRALIA S REFUGEE RESPONSE NOT THE MOST GENEROUS BUT IN TOP 25

8193/11 GL/mkl 1 DG C I

The NPIS is responsible for forcibly returning those who are not entitled to stay in Norway.

PISA 2015 in Hong Kong Result Release Figures and Appendices Accompanying Press Release

Regional Scores. African countries Press Freedom Ratings 2001

Mechanism for the Review of Implementation of the United Nations Convention against Corruption: country pairings for the second review cycle

BULGARIAN TRADE WITH EU IN JANUARY 2017 (PRELIMINARY DATA)

HAPPINESS, HOPE, ECONOMIC OPTIMISM

BULGARIAN TRADE WITH EU IN THE PERIOD JANUARY - MARCH 2016 (PRELIMINARY DATA)

15. a) Optional Protocol to the Convention on the Rights of Persons with Disabilities. New York, 13 December 2006

A Partial Solution. To the Fundamental Problem of Causal Inference

SCALE OF ASSESSMENT OF MEMBERS' CONTRIBUTIONS FOR 1994

NPT/CONF.2020/PC.I/CRP.2

Education Quality and Economic Development

CCW/MSP/2012/9. Final report. I. Introduction. 30 November Original: English Session Geneva, November 2012

The Geneva Declaration on Armed Violence and Development

Council of Europe and nationality law

Mechanism for the Review of Implementation of the United Nations Convention against Corruption: country pairings for the second review cycle

Global Prevalence of Adult Overweight & Obesity by Region

DEPARTMENT OF HOMELAND SECURITY

The Madrid System. Overview and Trends. Mexico March 23-24, David Muls Senior Director Madrid Registry

Shaping the Future of Transport

Vienna, 11 April 1980

Human Rights Council adopts New Important resolution on NHRIs

Comparing the Wealth of Nations. Emily Lin

ASYLUM IN THE EU Source: Eurostat 4/6/2013, unless otherwise indicated ASYLUM APPLICATIONS IN THE EU27

KINGDOM OF CAMBODIA NATION RELIGION KING 3 TOURISM STATISTICS REPORT. September 2010

IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006 INFORMATION FOR CANDIDATES

QGIS.org - Donations and Sponsorship Analysis 2016

Dashboard. Jun 1, May 30, 2011 Comparing to: Site. 79,209 Visits % Bounce Rate. 231,275 Pageviews. 00:03:20 Avg.

CLUSTER BOMBS An immediate and ongoing threat to civilians Cluster bombs violate the rules of international humanitarian law

Duration of Stay... 3 Extension of Stay... 3 Visa-free Countries... 4

Human Resources in R&D

Final Declaration and Measures to Promote the Entry into Force of the Comprehensive Nuclear-Test-Ban Treaty*

REINVENTION WITH INTEGRITY

Charting Cambodia s Economy, 1H 2017

A GLOBAL PERSPECTIVE ON RESEARCH AND DEVELOPMENT

8. b) Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. New York, 6 October 1999

OECD Health Data 2009 comparing health statistics across OECD countries

Status of Trust Fund Projects 24 September 2009 ONGOING PROJECTS -1-

Information note by the Secretariat [V O T E D] Additional co-sponsors of draft resolutions/decisions

United action towards the total elimination of nuclear weapons

> Please tick the applicable situation

Rule of Law Index 2019 Insights

2017 Recurrent Discussion on Fundamental

UNITED NATIONS FINANCIAL PRESENTATION. UN Cash Position. 18 May 2007 (brought forward) Alicia Barcena Under Secretary-General for Management

SEVERANCE PAY POLICIES AROUND THE WORLD

The National Police Immigration Service (NPIS) forcibly returned 375 persons in March 2018, and 136 of these were convicted offenders.

Transcription:

National Implementation and Interpretation of the Convention on Cluster Munitions Bonnie Docherty Senior Researcher Human Rights Watch September 14, 2011

Obligations and Commitments Article 9: States parties must implement all negative and positive obligations in the convention Vientiane Action Plan: States Parties that have not adopted national implementation measures will as a matter of urgency develop and adopt comprehensive legislative, administrative, or other implementing measures in accordance with Article 9.

National Implementation Legislation Legislation is the strongest means of implementation because it is binding, unequivocal, and enduring Stand-alone legislation is better than an amendment to a previous law Other types of measures (Rules of Engagement, policies, etc.) can supplement legislation

14 States Have Implemented National Legislation 1. Austria (2008) 2. Belgium (2006) 3. Cook Islands (2011) 4. Czech Republic (2011) 5. France (2010) 6. Germany (2009) 7. Ireland (2008) 8. Italy (2011) 9. Japan (2009) 10. Luxembourg (2009) 11. New Zealand (2009) 12. Norway (2008) 13. Spain (2010) 14. United Kingdom (2010)

National Policy Statements Offer insight into state interpretations Come in variety of forms: Conference interventions Official letters Article 7 reports Parliamentary discussions

Negative Obligations (Prohibitions) At a minimum, legislation should impose penal sanctions on those who commit acts prohibited by the convention National laws should ban: Use Production Transfer Stockpiling Under any circumstances, transfer to anyone

Prohibition on Assistance Legislation should also ban assistance Article 1(1)(c): Each state undertakes never under any circumstances to assist, encourage or induce anyone to engage in any activity prohibited to a State Party under this Convention.

Interpretative Issues Interoperability Transit Foreign Stockpiling Investment

Interoperability How the convention s obligations apply during joint military operations with states not party

Interoperability: Article 21 States are required to work for universalization, promote norms of the convention, and discourage use States parties may participate in joint military operations with states not party

Interoperability: Article 21 Some states argue that Article 21 creates exception to prohibition on assistance Flawed interpretation because: Goes beyond language of Article 21 Contravenes object and purpose of the convention Makes Article 21 internally inconsistent

Interoperability: Article 21 Article 21 simply clarifies that joint operations are permissible Prohibition on assistance applies under any circumstances, including during joint military operations

States in Agreement Norway The exemption for military cooperation does not authorise States Parties to engage in activities prohibited by the Convention. Ireland Any deliberate assistance in the commission of an act prohibited by the Convention in the context of military co-operation with a state not party will be inconsistent with this obligation [to discourage use of cluster munitions].

Other Supporting States Bosnia and Herzegovina, Ecuador, Ghana, Holy See, Hungary, Iceland, Laos, Lebanon, Madagascar, Malawi, Mexico, and Nicaragua Colombia, Guatemala, and Slovenia have gone even further

Transit Movement of cluster munitions across a state party s territory or through its airspace or territorial waters Transit represents a form of assistance Facilitates use and transfer Prohibited under Article 1

States in Agreement Legislation Austria and Germany both explicitly ban transit National policy statements In 2011, Belgium, Bosnia and Herzegovina, Comoros, Croatia, France, Holy See, Laos, FYR Macedonia, and New Zealand stated that transit is prohibited Previously, at least 15 states stated that transit and/or foreign stockpiling are prohibited

Foreign Stockpiling Stockpiling of cluster munitions by a state not party on a state party s territory Hosting of foreign stockpiles is form of assistance Facilitates stockpiling and potentially use of cluster munitions Like transit, prohibited under Article 1

States in Agreement In 2011 alone, Bosnia and Herzegovina, Croatia, Laos, FYR Macedonia, Senegal, and Spain stated foreign stockpiling prohibited

Investment State parties should interpret the convention to ban investment as a form of assistance with cluster munition production Should apply to manufacturers of cluster munitions and component parts Should extend to public and private funds

States in Agreement States support ban on investment in legislation and policy statements For more information, see experts at IKV Pax Christi Side event on disinvestment: Monroe Hotel Ballroom Friday, 12:00 p.m.

Conflicting Interpretations United Kingdom United Kingdom could facilitate operations where [cluster munitions] might be used by a partner.

Conflicting Interpretations Australia Proposed legislation would allow Australia to jointly plan and to provide logistical support and intelligence for attacks that may use cluster munitions Bill creates exceptions so that military personnel from states not party cannot be prosecuted for the transit or stockpiling of cluster munitions Bill is not yet passed, so still time for Parliament to amend these problematic provisions

Conflicting Interpretations Canada No bill tabled, but statements reflect weak interpretation of Article 21 Internal disagreement over Article 21: Has delayed ratification Led to the resignation of the head of Canada s Oslo Process negotiating team

Conflicting Interpretations These governments still have the opportunity to strengthen their stance Other governments should follow the lead of the states who have implemented and interpreted convention in a way that will better protect civilians

Positive Obligations States parties are required to implement positive as well as negative obligations in the convention Positive obligations should be included in legislation and supplemented with national measures

Positive Obligations Examples Belgium and Austria Set 3-year deadlines for stockpile destruction Italy Requires promotion of universalization Budgets for stockpile destruction, victim assistance, and clearance Italy and France Codify certain reporting requirements

Breadth of Coverage Legislation should also apply to explosive bomblets Can be done two ways, both effective Examples: Cook Islands, France, Ireland, New Zealand, UK

Breadth of Coverage Extraterritoriality Examples: Cook Islands, New Zealand, UK Application to corporations as well as people Examples: Cook Islands, Czech Republic, France, Luxembourg, New Zealand, UK

Status of Implementation 14 states have implemented the convention already, but many more remain 9 states are in the process while 14 have stated they intend to prepare legislation These states should continue their work with urgency Others should begin the process as soon as possible

Recommendations Look to the examples of strong implementation and interpretation discussed today Adopt legislation Issue policy statements Make statements this week

Tools Human Rights Watch specialists (docherb@hrw.org) Human Rights Watch publications, including: Fulfilling the Ban (2010) Promoting the Prohibitions (2010) Cluster Munition Monitor and Interoperability Fact Sheet ICRC Model Legislation New Zealand s Model Legislation