CYIL 2012

JAN ONDŘEJ CYIL 3 ȍ2012Ȏ impede post-conflict rehabilitation and reconstruction, delay or prevent the return of refugees, can negatively impact national and international peace-building and humanitarian assistance efforts, and have other severe consequences that can persist for many years after use. The effects of cluster munitions are highly indiscriminate, 31 as their users do not distinguish between military personnel and civilians. Therefore their use can contradict the principle of the prohibition of indiscrimination (see above). By its content the Convention falls mainly under the law of armed conflicts , because the states, according to Article 1, paragraph 1(a), undertake never under any circumstances to use cluster munitions . Further Article 1, paragraph 1(b) forbids to develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions. Article 3, paragraph 1 of the Convention requires each state party to separate all cluster munitions under its jurisdiction and control from munitions retained for operational use and mark them for the purpose of destruction . All states parties to the Convention undertake, according to Article 3, paragraph 2, to destroy or ensure the destruction of all cluster munitions as soon as possible but not later than eight years after the entry into force of the Convention for that state party. In case that the state party is unable to destroy all cluster munitions within eight years 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 (Article 3, Paragraph 3). The obligation to destroy cluster bombs as well as the prohibition to develop, to produce, etc. makes the Convention a treaty which can be incorporated into the disarmament area. Convention on cluster munitions also forbids trade in cluster munitions. In Article 1, Paragraph 1(b) it forbids to acquire, transfer to anyone, directly or indirectly , cluster munitions. The Convention defines transfer as physical movement of cluster munitions into or from national territory. To reach the objectives of the Convention it is also necessary the removal of especially unexploded cluster munitions. Each state party undertakes to clear and destroy , or ensure the clearance and destruction of, cluster munition remnants located in cluster munitions contaminated areas under its jurisdiction or control (Article 4, Paragraph 1). The state parties have to ensure that such clearance and destruction shall be completed as soon as possible but not later than ten years from the date of coming into force of the Convention [Article 4 Paragraph 1(a)]. Meeting of States Parties has to deal with the issues of the application or implementation of the Convention (Article 11, Paragraph 1). The first Meeting shall be convened by the Secretary-General of the United Nations within one year of entry into force of the Convention. The subsequent meetings shall be convened by the Secretary-General of the United Nations annually until the first Review Conference (Article 11, Paragraph 2).

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31 Ibid.