The
United Nations
The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
Convention on Certain Conventional Weapons (CCW or CCWC), concluded at
Geneva
Geneva ( , ; ) ; ; . is the List of cities in Switzerland, second-most populous city in Switzerland and the most populous in French-speaking Romandy. Situated in the southwest of the country, where the Rhône exits Lake Geneva, it is the ca ...
on October 10, 1980, and
entered into force in December 1983, seeks to prohibit or restrict the use of certain
conventional weapons which are considered excessively injurious or whose effects are indiscriminate. The full title is 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. The convention covers
land mine
A land mine, or landmine, is an explosive weapon often concealed under or camouflaged on the ground, and designed to destroy or disable enemy targets as they pass over or near it. Land mines are divided into two types: anti-tank mines, wh ...
s,
booby trap
A booby trap is a device or setup that is intended to kill, harm or surprise a human or an animal. It is triggered by the presence or actions of the victim and sometimes has some form of bait designed to lure the victim towards it. The trap may b ...
s,
incendiary device
Incendiary weapons, incendiary devices, incendiary munitions, or incendiary bombs are weapons designed to start fires. They may destroy structures or sensitive equipment using fire, and sometimes operate as anti-personnel weapon, anti-personnel ...
s, blinding
laser weapons and clearance of
explosive remnants of war.
Objectives
The aim of the Convention and its protocols is to provide new rules for the protection of
civilians from injury by weapons that are used in armed conflicts and also to protect
combatant
Combatant is the legal status of a person entitled to directly participate in hostilities during an armed conflict, and may be intentionally targeted by an adverse party for their participation in the armed conflict. Combatants are not afforded i ...
s from unnecessary suffering. The convention covers
fragments that are undetectable in the human body by
X-ray
An X-ray (also known in many languages as Röntgen radiation) is a form of high-energy electromagnetic radiation with a wavelength shorter than those of ultraviolet rays and longer than those of gamma rays. Roughly, X-rays have a wavelength ran ...
s,
landmines
A land mine, or landmine, is an explosive weapon often concealed under or camouflaged on the ground, and designed to destroy or disable enemy targets as they pass over or near it. Land mines are divided into two types: anti-tank mines, whic ...
and
booby trap
A booby trap is a device or setup that is intended to kill, harm or surprise a human or an animal. It is triggered by the presence or actions of the victim and sometimes has some form of bait designed to lure the victim towards it. The trap may b ...
s, and
incendiary weapons, blinding
laser weapons and the clearance of explosive remnants of war. Parties to the convention must take legislative and other actions to ensure compliance with the convention.
CCWC includes five
protocols
Protocol may refer to:
Sociology and politics
* Protocol (politics), a formal agreement between nation states
* Protocol (diplomacy), the etiquette of diplomacy and affairs of state
* Etiquette, a code of personal behavior
Science and technology
...
dealing with specific weapons. The Convention and its annexed protocols apply in all types of armed conflict, both international and non-international. This was not the case when the convention was first adopted, but the scope was expanded by two conferences in 1996 and 2001. Some provisions also apply after open hostilities has ended, such as the rules in protocols II and V about minimizing the dangers from
mines and other
ordnance.
CCWC lacks verification and enforcement mechanisms and spells out no formal process for resolving compliance concerns. A state-party can refute its commitment to the convention or any of the protocols, but it will remain legally bound until one year after notifying the treaty depositary, the UN Secretary-General, of its intent to be free of its obligations.
Adoption and entry into force
The CCWC consist of a set of ''additional protocols'' first formulated on October 10, 1980, in Geneva and entered into force on December 2, 1983. As of the end of September 2023, there are 127 state parties to the convention.
Some of those countries have only adopted some of the five protocols, with two being the minimum required to be considered a party.
The convention has five protocols:
*Protocol I restricts weapons with non-detectable
fragments
*Protocol II restricts
landmines,
booby traps
*Protocol III restricts
incendiary weapons
*Protocol IV restricts blinding
laser weapon
A laser weapon is a type of directed-energy weapon that uses lasers to inflict damage. Whether they will be deployed as practical, high-performance military weapons remains to be seen. One of the major issues with laser weapons is atmospheric ...
s (adopted on October 13, 1995, in
Vienna
Vienna ( ; ; ) is the capital city, capital, List of largest cities in Austria, most populous city, and one of Federal states of Austria, nine federal states of Austria. It is Austria's primate city, with just over two million inhabitants. ...
)
*Protocol V sets out obligations and best practice for the clearance of explosive remnants of war, adopted on November 28, 2003, in Geneva
Protocol II was amended in 1996 (extending its scope of application), and entered in force on December 3, 1998. The amendment extended the restrictions on landmine use to internal conflicts; established reliability standards for
remotely delivered mines; and prohibited the use of non-detectable fragments in anti-personnel landmines (APL). The failure to agree to a total ban on landmines led to the
Ottawa Treaty
The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction of 1997, known informally as the Ottawa Treaty, the Anti-Personnel Mine Ban Convention, or often simply the Mine ...
.
Protocol I: Non-Detectable Fragments
Protocol I on Non-Detectable Fragments prohibits the use of any weapon the primary effect of which is to injure by fragments which are not detectable in the human body by X-rays.
The reason is that such fragments are difficult to remove and cause unnecessary suffering. The protocol applies when the "primary effect" is to injure by non-detectable fragments and does not prohibit all use of e.g. plastic in weapons design.
Protocol II: Mines, Booby Traps and Other Devices
Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices was amended on May 3, 1996, to strengthen its provisions and extend the scope of application to cover both international and internal
armed conflicts. The protocol regulates, but does not ban,
land mine
A land mine, or landmine, is an explosive weapon often concealed under or camouflaged on the ground, and designed to destroy or disable enemy targets as they pass over or near it. Land mines are divided into two types: anti-tank mines, wh ...
s. It prohibits the use of non-detectable
anti-personnel mine
An anti-personnel mine or anti-personnel landmine (APL) is a form of land mine, mine designed for use against human, humans, as opposed to an anti-tank mine, which target vehicles. APLs are classified into: blast mines and fragmentation mines; ...
s and their transfer; prohibits the use of non-self-destructing and non-self-deactivating mines outside fenced, monitored and marked areas; prohibits directing mines and booby traps against civilians; requires parties to the conflict to remove mines and booby traps when the conflict ends; broadens obligations of protecting peacekeeping and other missions of the United Nations and its agencies; requires States to enforce compliance with its provisions within their jurisdiction; and calls for penal sanctions in case of violation.
Protocol III: Incendiary Weapons
Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons prohibits, in all circumstances, making the civilian population as such, individual civilians or civilian objects, the object of attack by any weapon or munition which is primarily designed to set fire to objects or to cause burn injury to persons through the action of
flame
A flame () is the visible, gaseous part of a fire. It is caused by a highly exothermic chemical reaction made in a thin zone. When flames are hot enough to have ionized gaseous components of sufficient density, they are then considered plasm ...
,
heat
In thermodynamics, heat is energy in transfer between a thermodynamic system and its surroundings by such mechanisms as thermal conduction, electromagnetic radiation, and friction, which are microscopic in nature, involving sub-atomic, ato ...
or a combination thereof, produced by a
chemical reaction
A chemical reaction is a process that leads to the chemistry, chemical transformation of one set of chemical substances to another. When chemical reactions occur, the atoms are rearranged and the reaction is accompanied by an Gibbs free energy, ...
of a substance delivered on the target. The protocol also prohibits the use of air-delivered
incendiary weapons
Incendiary weapons, incendiary devices, incendiary munitions, or incendiary bombs are weapons designed to start fires. They may destroy structures or sensitive equipment using fire, and sometimes operate as anti-personnel weapon, anti-personnel ...
against military targets within a concentration of civilians, and limits the use of incendiary weapons delivered by other means. Forest and other plants may not be a target unless they are used to conceal combatants or other military objectives.
Protocol III lists certain munition types like
smoke shells which only have a secondary or additional incendiary effect; these munition types are not considered to be incendiary weapons.
Protocol IV: Blinding Laser Weapons
Protocol IV on Blinding Laser Weapons prohibits the use of laser weapons specifically designed to cause permanent
blindness
Visual or vision impairment (VI or VIP) is the partial or total inability of visual perception. In the absence of treatment such as corrective eyewear, assistive devices, and medical treatment, visual impairment may cause the individual difficul ...
. The parties to the protocol also agree to not transfer such weapons to any state or non-state entity.
The protocol does not prohibit laser systems where blinding is an incidental or collateral effect, but parties that agree to it must take all feasible precautions to avoid such effects.
Protocol V: Explosive Remnants of War
Protocol V on Explosive Remnants of War requires the clearance of
UXO (unexploded ordnance), such as unexploded bomblets from
cluster bomb
A cluster munition is a form of air-dropped or ground-launched explosive weapon that releases or ejects smaller submunitions. Commonly, this is a cluster bomb that ejects explosive bomblets that are designed to kill personnel and destroy vehi ...
s and abandoned
explosive weapons. At the cessation of active hostilities, Protocol V establishes a responsibility on parties that have used
explosive weapons to assist with the clearance of
unexploded ordnance
Unexploded ordnance (UXO, sometimes abbreviated as UO) and unexploded bombs (UXBs) are explosive weapons (bombs, shell (projectile), shells, grenades, land mines, naval mines, cluster munition, and other Ammunition, munitions) that did not e ...
that this use has created. Parties are also required, subject to certain qualifications, to provide information on their use of explosive weapons. Each party is responsible for the territory in their control after a conflict. The protocol does not apply to mines and other weapons covered by protocol II.
The protocol came about as a result of a growing awareness during the 1990s that the protection against unexploded ordnance was insufficient. The protocol was adopted in 2003 and entered into force in 2006.
Other proposals
As of 2017, the CCW has failed to achieve consensus to open negotiations on adding a compliance mechanism to help ensure parties honor their commitments. China and Russia have opposed restrictions on anti-vehicle mines, such as a requirement that such mines self-deactivate. In the 2010s the CCW opened talks on restricting
lethal autonomous weapons. As of 2021, most of the major powers oppose an international ban on lethal autonomous weapons.
See also
*
United Nations Commission on Conventional Armaments, earlier attempt at regulation
References
External links
Conventionat the
United Nations Audiovisual Library of International Law
Fact Sheet at the
Arms Control Association
The Arms Control Association is a United States–based nonpartisan membership organization founded in 1971, with the self-stated mission of "promoting public understanding of and support for effective arms control policies."
The group publishes ...
State parties to the treatyat the
International Committee of the Red Cross
The International Committee of the Red Cross (ICRC) is a humanitarian organization based in Geneva, Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and ...
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