A provision obliging states parties not to assist with prohibited acts is an accepted and essential part of a modern weapons treaty. The draft cluster munitions convention includes such a provision in Article 1(c). Article 1(c) is based on extensive precedent from past weapons treaties and is indispensable to the humanitarian goal of the convention. Because it prevents states parties from contributing even indirectly to the use of cluster munitions, it promotes the object and purpose of the treaty, which is to minimize civilian harm from the weapons. It also stigmatizes cluster munitions by declaring that states parties will not tolerate their use by anyone and contributes to deterring use by non-states parties.
Interoperability and the Prohibition on Assistance
Memorandum to Delegates of the Dublin Diplomatic Conference on Cluster Munitions