Cluster Munition - International Legislation

International Legislation

Cluster bombs fall under the general rules of international humanitarian law, but were not specifically covered by any currently binding international legal instrument until the signature of the Convention on Cluster Munitions in December 2008. This international treaty stemmed from an initiative by the Government of Norway known as the Oslo Process which was launched in February 2007 to prohibit cluster munitions. More than 100 countries agreed to the text of the resulting Convention on Cluster Munitions in May 2008 which sets out a comprehensive ban on these weapons. This treaty was signed by 94 states in Oslo on 3–4 December. The Oslo Process was launched largely in response to the failure of the Convention on Certain Conventional Weapons (CCW) where five years of discussions failed to find an adequate response to these weapons. The Cluster Munition Coalition (CMC) is campaigning for the widespread accession to and ratification of the Convention on Cluster Munitions.

A number of sections of the Protocol on explosive remnants of war (Protocol V to the 1980 Convention), 28 November 2003 occasionally address some of the problems associated with the use of cluster munitions, in particular Article 9, which mandates States Parties to "take generic preventive measures aimed at minimising the occurrence of explosive remnants of war". In June 2006, Belgium was the first country to issue a ban on the use (carrying), transportation, export, stockpiling, trade and production of cluster munitions, and Austria followed suit on 2007-12-07.

There has been parliamentary activity on cluster munitions in several countries, including Austria, Australia, Denmark, France, Germany, Luxembourg, Netherlands, Norway, Sweden, Switzerland, United Kingdom and United States. In some of these countries, ongoing discussions concerning draft legislation banning cluster munitions, along the lines of the legislation adopted in Belgium and Austria will now turn to ratification of the global ban treaty. Norway and Ireland have national legislation prohibiting cluster munitions and were able to deposit their instruments of ratification to the Convention on Cluster Munitions immediately after signing it in Oslo on 3 December.