CYIL 2012

DISARMAMENT AND HUMANITARIAN LAW IN CONVENTIONAL WEAPONS Among the important powers of the Meeting of States Parties should be the discussion of issues referring to the compliance with the Convention. If the requesting state party does not receive a response through the Secretary-General of the United Nations, or deems the response to the Request for Clarification to be unsatisfactory, it may submit the matter through the Secretary-General of the United Nations to the next Meeting of States Parties (Article 8, Paragraph 3). The Meeting of States Parties may, according to Article 8, Paragraph 5, recommend appropriate measures, including the use of cooperative measures referred to in Article 6 of the Convention. Apart from that the Meeting of States Parties may decide to adopt such other general procedures or specific mechanisms for clarification of compliance, including facts, and resolution of instances of non-compliance with the provisions of the Convention as it deems appropriate (Article 8, Paragraph 6). These procedural elements are known in the area of international protection of the environment, which contains procedures that ensure complinace. 15 Unlike, for example, some treaties in the area of environmental protection, 32 the Convention on cluster munitions restricts itself only to clarification of compliance and cooperation of states is expected. The Convention does not allow the bringing of any consequences in case that non-compliance is discovered. Conclusion The concept of disarmament includes a partial or complete reduction and elimination of weapons and armed forces. In principle, disarmament is based on political aspects. On the other hand the aim of humanitarian law in the broad sense is the protection of victims of armed conflicts, prohibition of specific methods and means of warfare, etc. There are several international treaties which include disarmament and humanitarian aspects. There are The Anti-Personnel Mines Convention of 1997, The Convention on Cluster Munitions of 2008 in conventional weapons. The practical importance of the Convention on Cluster Munition will be seen in the future. So far, the biggest producers and users of cluster bombs are opposed to it, namely the USA, Russia, China, India, Pakistan, Israel, and Korea. Support for the Convention on cluster munitions (bombs) may be provided by mentioning the example of Convention on anti-personnel mines , which was also ratified by China, Israel, Russia; although the USA did not sign it, they have not used anti-personnel mines since the Convention was concluded. 33 There are 71 states parties of the Convention on Cluster Munition. A comparison can be drawn with the Convention on prohibition of anti-personnel mines of 1997. The problem connected with this Convention is the fact that some states that dispose of large amounts of anti-personnel mines did not become states parties of the Convention. There are 159 states parties of the Convention. The 32 Conf. Šturma, P., Damohorský, M., Ondřej, J., Zástěrová, J. a další. Mezinárodní právo životního prostředí. Obecná část . Beroun : IFEC Rozkotová, 2004. 33 Conf. http://aktualne.centrum.cz/zahranici ze 17. 7. 2008.

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