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Meeting the Challenge
Protecting Civilians through the Convention on Cluster Munitions
Table of
Acronyms
Introduction
Cluster
Munitions and their Human Toll
The
Convention on Cluster Munitions
Overview of
the Book
Part
I: Recognizing the Problems
I. The Technological Evolution and Early Proliferation
and Use of Cluster Munitions
Early
Development and Use
Southeast
Asia
Early
Proliferation of Cluster Munitions: 1970s and 1980s
A Spike in
Use: 1990s
The Gulf War of 1991
Other
Conflicts in the 1990s
Modern
Technological Developments
Conclusion
II. A Decade
of Cluster Munition Use: Recent Case Studies Documented by Human Rights
Watch
Methodology
The NATO Air
Campaign in the former Yugoslavia
Cluster Munition Strikes
Aftereffects
Afghanistan
Cluster Munition Strikes
Aftereffects
Iraq
Cluster Munition Strikes in the Iraq Ground War
Cluster Munition Strikes in the Iraq Air War
Aftereffects
Lebanon/Israel
Israel’s Use in Lebanon
Hezbollah’s
Use in Israel
Georgia
Russian Use
Georgian Use
Conclusion
III.
Production, Transfer, and Stockpiling
Production
Transfer
Stockpiling
Case Studies
China
Israel
Russia
United
Kingdom
United
States
Conclusion
IV. The Need
for Post-Conflict Measures: Clearance, Risk Education, and Victim
Assistance
Contamination
and Casualties
Clearance
Professional
Clearance Organizations
Methods of
Clearance
Obstacles to
Clearance
Community
Clearance
Risk
Education
Victim
Assistance
Components
and Implementation of Victim Assistance
Victim
Assistance Challenges
Conclusion
Part
II: Developing a Process
V. Initial International Efforts to Govern Cluster
Munitions
Existing
International Humanitarian Law
Early
Attempts to Ban Cluster Munitions
The Origin
and Early Years of the Convention on Conventional Weapons
Protocol V
on Explosive Remnants of War
The Birth of
the Cluster Munition Coalition
Cluster
Munition Discussions after Protocol V
The Tide
Turns: 2006
Conclusion
VI. From
Regulation to Ban: National Measures to Govern Cluster Munitions
National
Regulations of Cluster Munitions
National Bans
on Cluster Munitions
Conclusion
VII. The
Oslo Process
Participants
in the Process
States
Civil
Society
International
Organizations
The Forum
and the Ground Rules
The Oslo
Process Conferences127
Oslo
Conference on Cluster Munitions
Regional
Conferences
Lima
Conference on Cluster Munitions
The
Lingering CCW Alternative
Vienna
Conference on Cluster Munitions
Wellington
Conference on Cluster Munitions
Dublin
Diplomatic Conference for the Adoption of a Convention on Cluster Munitions
Oslo Signing
Conference
Conclusion
Part
III: Fulfilling the Promise
VIII. The Convention on Cluster Munitions
Underlying
Purpose (Preamble)
Definitions
(Article 2)
Prohibitions
Absolute
Prohibitions (Article 1)
The Prohibitions
and Joint Military Operations with States Not Party (Article 21)
Positive
Disarmament Obligations
Stockpile Destruction
(Article 3)
Other
Disarmament Obligations (Article 7)
Positive
Humanitarian Obligations
Clearance
and Risk Reduction Education (Article 4)
Victim
Assistance (Articles 2 and 5)
Provisions
to Facilitate Full Implementation of the Convention148
International
Cooperation and Assistance (Article 6)
Transparency
Measures (Article 7)
Clarification
of Compliance and Settlement of Disputes (Articles 8 and 10)
National
Implementation Measures (Article 9)
Promoting
the Convention (Article 21)
Procedural
Provisions
Meetings of
States Parties and Review Conferences (Articles 11 and 12)
Closing
Provisions (Articles 13-20, 22-23)
Conclusion
IX.
Resistance to a Cluster Munition Ban
The CCW and
Cluster Munitions
National
Regulatory Measures
Conclusion
X. Final
Steps: Universalization, Implementation, and Interpretation
Universalization
Implementation
Early
Implementation
National
Implementation Legislation
Interpretation
The
Prohibition on Assistance
Interoperability
Transit
Hosting of
Foreign Stockpiles
Investment181
Retention of
Cluster Munitions
Conclusion
Acknowledgments
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