States Parties 156 States Not Party 39
Signatories 104 Non-Signatories 91
The Convention on Cluster Munitions was opened for signature in Oslo, Norway in December 2008 and will enter into force six months after the 30th signatory country has deposited its instrument of ratification. The Cluster Munition Coalition (CMC) has prepared a detailed commentary on the obligations of the convention. We are reproducing here the sections on Articles 1, 2 and 3.
Russian made AO 2.5 submunitions litter the plains around Bagram, Afghanistan 2002. Photo: J. Rodsted
Under Article 1, the production, stockpiling use, and transfer of all cluster munitions are prohibited in all circumstances, including in international conflicts and conflicts of a non-international nature. It is also prohibited to assist, encourage or induce anyone to engage in any activity prohibited by the convention. The CMC and the ICBL call on states to make it clear that the transit of cluster munitions and the investment in cluster munitions producers are prohibited.
A cluster munition is defined under Article 2 as: 'a conventional munition that is designed to disperse or release explosive submunitions each weighing less than 20 kilograms, and includes those explosive submunitions.' The definition makes certain clarifications for weapons that have submunitions but are not considered cluster munitions, such as weapons with submunitions designed for smoke, flare, and electronic counter-measures. Also falling outside the definition are weapons that have submunitions but that do not cause the indiscriminate area effects or UXO risks of cluster munitions. Such munitions must meet each of a series of five minimum technical technical characteristics. The CMC and the ICBL call on states to make it clear that any weapon they claim meets these criteria does not cause effects similar to cluster munitions.
Article 3 requires that all States Parties destroy all stockpiles of cluster munitions under their jurisdiction and control as soon as possible but no later than eight years after the convention enters into force for the State Party. Should States Parties need additional time to destroy cluster munition stockpiles, a request must be submitted and extensions for a period of up to four years may be granted. This article allows for the retention of a "minimum number" of cluster munitions and submunitions for training in and development of clearance techniques and counter-measures. It requires detailed annual reporting on the retained munitions.
