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Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects. Geneva, 10 October 1980.
The High Contracting Parties,
' Recalling ' that every State has the duty, in conformity
with the Charter of the United Nations, to refrain in its international
relations from the threat or use of force against the sovereignty, territorial
integrity or political independence of any State, or in any other manner
inconsistent with the purposes of the United Nations.
' Further recalling ' the general principle of the protection
of the civilian population against the effects of hostilities,
' Basing themselves ' on the principle of international law
that the right of the parties to an armed conflict to choose methods or means of
warfare is not unlimited, and on the principle that prohibits the employment in
armed conflicts of weapons, projectiles and material and methods of warfare of a
nature to cause superfluous injury or unnecessary suffering,
' Also recalling ' that it is prohibited to employ methods or
means of warfare which are intended, or may be expected, to cause widespread,
long-term and severe damage to the natural environment,
' Confirming their determination ' that in cases not covered
by this Convention and its annexed Protocols or by other international
agreements, the civilian population and the combatants shall at all times remain
under the protection and authority of the principles of international law
derived from established custom, from the principles of humanity and from the
dictates of public conscience,
' Desiring ' to contribute to international détente, the
ending of the arms race and the building of confidence among States, and hence
to the realization of the aspiration of all peoples to live in peace,
' Recognizing ' the importance of pursuing every effort which
may contribute to progress towards general and complete disarmament under strict
and effective international control,
' Reaffirming ' the need to continue the codification and
progressive development of the rules of international law applicable in armed
conflict,
' Wishing ' to prohibit or restrict further the use of
certain conventional weapons and believing that the positive results achieved in
this area may facilitate the main talks on disarmament with a view to putting an
end to the production, stockpiling and proliferation of such weapons,
' Emphasizing ' the desirability that all States become
parties to this Convention and its annexed Protocols, especially the militarily
significant States,
' Bearing in mind ' that the General Assembly of the United
Nations and the United Nations Disarmament Commission may decide to examine the
question of a possible broadening of the scope of the prohibitions and
restrictions contained in this Convention and its annexed Protocols,
' Further bearing in mind ' that the Committee on Disarmament
may decide to consider the question of adopting further measures to prohibit or
restrict the use of certain conventional weapons,
Have agreed as follows:
Article 1
Scope of application
This Convention and its annexed Protocols shall apply in the
situations referred to in Article 2 common to the Geneva Conventions of 12
August 1949 for the Protection of War Victims, including any situation described
in paragraph 4 of Article 1 of Additional Protocol I to these Conventions.
Article 2
Relations with other international agreements
Nothing in this Convention or its annexed Protocols shall be
interpreted as detracting from other obligations imposed upon the High
Contracting Parties by international humanitarian law applicable in armed
conflict.
Article 3
Signature
This Convention shall be open for signature by all States at
United Nations Headquarters in New York for a period of twelve months from 10
April 1981.
Article 4
Ratification, acceptance, approval or accession
1. This Convention is subject to ratification, acceptance or
approval by the Signatories. Any State which has not signed this Convention may
accede to it.
2. The instruments of ratification, acceptance, approval or
accession shall be deposited with the Depositary.
3. Expressions of consent to be bound by any of the Protocols
annexed to this Convention shall be optional for each State, provided that at
the time of the deposit of its instrument of ratification, acceptance or
approval of this Convention or of accession thereto, that State shall notify the
Depositary of its consent to be bound by any two or more of these Protocols.
4. At any time after the deposit of its instrument of
ratification, acceptance or approval of this Convention or of accession thereto,
a State may notify the Depositary of its consent to be bound by any annexed
Protocol by which it is not already bound.
5. Any Protocol by which a High Contracting Party is bound
shall for that Party form an integral part of this Convention.
Article 5
Entry into force
1. This Convention shall enter into force six months after
the date of deposit of the twentieth instrument of ratification, acceptance,
approval or accession.
2. For any State which deposits its instrument of
ratification, acceptance, approval or accession after the date of the deposit of
the twentieth instrument of ratification, acceptance, approval or accession,
this Convention shall enter into force six months after the date on which that
State has deposited its instrument of ratification, acceptance, approval or
accession.
3. Each of the Protocols annexed to this Convention shall
enter into force six months after the date by which twenty States have notified
their consent to be bound by it in accordance with paragraph 3 or 4 of Article 4
of this Convention.
4. For any State which notifies its consent to be bound by a
Protocol annexed to this Convention after the date by which twenty States have
notified their consent to be bound by it, the Protocol shall enter into force
six months after the date on which that State has notified its consent so to be
bound.
Article 6
Dissemination
The High Contracting Parties undertake, in time of peace as
in time of armed conflict, to disseminate this Convention and those of its
annexed Protocols by which they are bound as widely as possible in their
respective countries and, in particular, to include the study thereof in their
programmes of military instruction, so that those instruments may become known
to their armed forces.
Article 7
Treaty relations upon entry into force of this Convention
1. When one of the parties to a conflict is not bound by an
annexed Protocol, the parties bound by this Convention and that annexed Protocol
shall remain bound by them in their mutual relations.
2. Any High Contracting Party shall be bound by this
Convention and any Protocol annexed thereto which is in force for it, in any
situation contemplated by Article 1, in relation to any State which is not a
party to this Convention or bound by the relevant annexed Protocol, if the
latter accepts and applies this Convention or the relevant Protocol, and so
notifies the Depositary.
3. The Depositary shall immediately inform the High
Contracting Parties concerned of any notification received under paragraph 2 of
this Article.
4. This Convention, and the annexed Protocols by which a High
Contracting Party is bound, shall apply with respect to an armed conflict
against that High Contracting Party of the type referred to in Article 1,
paragraph 4, of Additional Protocol I to the Geneva Conventions of 12
August 1949 for the Protection of War Victims: (a) where the
High Contracting Party is also a party to Additional Protocol I and an authority
referred to in Article 96, paragraph 3, of that Protocol has undertaken to apply
the Geneva Conventions and Additional Protocol I in accordance with Article 96,
paragraph 3, of the said Protocol, and undertakes to apply this Convention and
the relevant annexed Protocols in relation to that conflict; or (b) where the
High Contracting Party is not a party to Additional Protocol I and an authority
of the type referred to in subparagraph (a) above accepts and applies the
obligations of the Geneva Conventions and of this Convention and the relevant
annexed Protocols in relation to that conflict. Such an acceptance and
application shall
have in relation to that conflict the following effects:
(i) the Geneva Conventions and this Convention and its
relevant annexed Protocols are brought into force for the parties to the
conflict with immediate effect;
(ii) the said authority assumes the same rights and
obligations as those which have been assumed by a High Contracting Party to the
Geneva Conventions, this Convention and its relevant annexed Protocols; and
(iii) the Geneva Conventions, this Convention and its
relevant annexed Protocols are equally binding upon all parties to the conflict.
The High Contracting Party and the authority may also agree
to accept and apply the obligations of Additional Protocol I to the Geneva
Conventions on a reciprocal basis.
Article 8
Review and amendments
1. (a) At any time after the entry into force of this
Convention any High Contracting Party may propose amendments to this Convention
or any annexed Protocol by which it is bound. Any proposal for an amendment
shall be communicated to the Depositary, who shall notify it to all the High
Contracting Parties and shall seek their views on whether a conference should be
convened to consider the proposal. If a majority, that shall not be less than
eighteen of the High Contracting Parties so agree, he shall promptly convene a
conference to which all High Contracting Parties shall be invited. States not
parties to this Convention shall be invited to the conference as observers. (b)
Such a conference may agree upon amendments which shall be adopted and shall
enter into force in the same manner as this Convention and the annexed
Protocols, provided that amendments to this Convention may be adopted only by
the High Contracting Parties and that amendments to a specific annexed Protocol
may be adopted only by the High Contracting Parties which are bound by that
Protocol.
2. (a) At any time after the entry into force of this
Convention any High Contracting Party may propose additional protocols relating
to other categories of conventional weapons not covered by the existing annexed
Protocols. Any such proposal for an additional protocol shall be communicated to
the Depositary, who shall notify it to all the High Contracting Parties in
accordance with subparagraph 1 (a) of this Article. If a majority, that shall
not be less than eighteen of the High Contracting Parties so agree, the
Depositary shall promptly convene a conference to which all States shall be
invited. (b) Such a conference may agree, with the full participation of all
States represented at the conference, upon additional protocols which shall be
adopted in the same manner as this Convention, shall be annexed thereto and
shall enter into force as provided in paragraphs 3 and 4 of Article 5 of this
Convention.
3. (a) If, after a period of ten years following the entry
into force of this Convention, no conference has been convened in accordance
with subparagraph 1 (a) or 2 (a) of this Article, any High Contracting Party may
request the Depositary to convene a conference to which all High Contracting
Parties shall be invited to review the scope and operation of this Convention
and the Protocols annexed thereto and to consider any proposal for amendments of
this Convention or of the existing Protocols. States not parties to this
Convention shall be invited as observers to the conference. The conference may
agree upon amendments which shall be adopted and enter into force in accordance
with subparagraph 1 (b) above. (b) At such conference consideration may also be
given to any proposal for additional protocols relating to other categories of
conventional weapons not covered by the existing annexed Protocols. All States
represented at the conference may participate fully in such consideration. Any
additional protocols shall be adopted in the same
manner as this Convention, shall be annexed thereto and shall
enter into force as provided in paragraphs 3 and 4 of Article 5 of this
Convention. (c) Such a conference may consider whether provision should be made
for the convening of a further conference at the request of any High Contracting
Party if, after a similar period to that referred to in subparagraph 3 (a) of
this Article, no conference has been convened in accordance with subparagraph 1
(a) or 2 (a) of this Article.
Article 9
Denunciation
1. Any High Contracting Party may denounce this Convention or
any of its annexed Protocols by so notifying the Depositary.
2. Any such denunciation shall only take effect one year
after receipt by the Depositary of the notification of denunciation. If,
however, on the expiry of that year the denouncing High Contracting Party is
engaged in one of the situations referred to in Article 1, the Party shall
continue to be bound by the obligations of this Convention and of the relevant
annexed Protocols until the end of the armed conflict or occupation and, in any
case, until the termination of operations connected with the final release,
repatriation or re-establishment of the person protected by the rules of
international law applicable in armed conflict, and in the case of any annexed
Protocol containing provisions concerning situations in which peace-keeping,
observation or similar functions are performed by United Nations forces or
missions in the area concerned, until the termination of those functions.
3. Any denunciation of this Convention shall be considered as
also applying to all annexed Protocols by which the denouncing High Contracting
Party is bound.
4. Any denunciation shall have effect only in respect of the
denouncing High Contracting Party.
5. Any denunciation shall not affect the obligations already
incurred, by reason of an armed conflict, under this Convention and its annexed
Protocols by such denouncing High Contracting Party in respect of any act
committed before this denunciation becomes effective.
Article 10
Depositary
1. The Secretary-General of the United Nations shall be the
Depositary of this Convention and of its annexed Protocols.
2. In addition to his usual functions, the Depositary
shall inform all States of: (a) signatures affixed to this
Convention under Article 3; (b) deposits of instruments of ratification,
acceptance or approval of or accession to this Convention deposited under
Article 4; (c) notifications of consent to be bound by annexed Protocols under
Article 4; (d) the dates of entry into force of this Convention and of each of
its annexed Protocols under Article 5; and (e) notifications of denunciation
received under article 9, and their effective date.
Article 11
Authentic texts
The original of this Convention with the annexed Protocols,
of which the Arabic, Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited with the Depositary, who shall transmit
certified true copies thereof to all States.
(Here follow signatures)