CCW Protocol V on Explosive Remnants of War Enters into Force

Another instrument of international humanitarian law has just come into force, adding to the body of international instruments designed to protect civilians from indiscriminate weapons. Protocol V on Explosive Remnants of War (ERW) of the Convention on Certain Conventional Weapons came into force on 12 November 2006, almost three years after it was adopted. Entry into force occurred six months after the 20th state notified the UN of its consent to be bound by it. There are now 26 States Parties that have ratified the Protocol.

Protocol V treats explosive ordnance (like bombs, rockets, mortars, grenades and ammunition) that failed to explode or were left behind after a conflict. Like the Mine Ban Treaty, Protocol V makes States Parties responsible for clearing weapons left behind after conflicts have ended and warning populations of the presence of the contamination pending clearance. But it is much weaker than the Mine Ban Treaty because the text is full of qualifying statements such as “where feasible” and “as far as practicable” and it has no clear implementation mechanisms. Also in contrast to the Mine Ban Treaty, the Protocol is not retroactive so there are no obligations to clean up previously left-behind ERW, and there is no deadline on clearance after any future conflicts.