Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons in United States

Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons

Entry into Force: 2 December 1983

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 detente, 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 see 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;

(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.

* * * *

PROTOCOL ON NON-DETECTABLE FRAGMENTS (PROTOCOL I)

It is prohibited to use any weapon the primary effect of which is to
injure by fragments which in the human body escape detection by X-rays.

* * * *

PROTOCOL ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF
MINES, BOOBY TRAPS AND OTHER DEVICES (PROTOCOL II)

Article 1

Material scope of application

This Protocol relates to the use on land of the mines, booby-traps
and other devices defined herein, including mines laid to interdict
beaches, waterway crossings or river crossings, but does not apply to the
use of anti-ship mines at sea or in inland waterways.

Article 2

Definitions

For the purpose of this Protocol:

1. “Mine” means any munition placed under, on or near the ground or other
surface area and designed to be detonated or exploded by the presence,
proximity or contact of a person or vehicle, and “remotely delivered
mine” means any mine so defined delivered by artillery, rocket, mortar or
similar means or dropped from an aircraft.

2. “Booby-trap” means any device or material which is designed,
constructed or adapted to kill or injure and which functions unexpectedly
when a person disturbs or approaches an apparently harmless object or
performs an apparently safe act.

3. “Other devices” means manually-emplaced munitions and devices designed
to kill, injure or damage and which are actuated by remote control or
automatically after a lapse of time.

4. “Military objective” means, so far as objects are concerned, any
object which by its nature, location, purpose or use makes an effective
contribution to military action and whose total or partial destruction,
capture or neutralization, in the circumstances ruling at the time,
offers a definite military advantage.

5. “Civilian objects” are all objects which are not military objectives
as defined in paragraph 4.

6. “Recording” means a physical, administrative and technical operation
designed to obtain, for the purpose of registration in the official
records, all available information facilitating the location of
minefields, mines and booby-traps.

Article 3

General restrictions on the use of mines, booby-traps
and other devices

1. This Article applies to:

(a) mines;

(b) booby-traps; and

2. It is prohibited in all circumstances to direct weapons to which this
Article applies, either in offence, defence or by way of reprisals,
against the civilian population as such or against individual civilians.

3. The indiscriminate use of weapons to which this Article applies is
prohibited. Indiscriminate use is any placement of such weapons:

(a) which is not on, or directed at, a military objective; or

(b) which employs a method or means of delivery which cannot be
directed at a specific military objective; or

(c) which may be expected to cause incidental loss of civilian life,
injury to civilians, damage to civilian objects, or a combination
thereof, which would be excessive in relation to the concrete and direct
military advantage anticipated.

4. All feasible precautions shall be taken to protect civilians from the
effects of weapons to which this Article applies. Feasible precautions
are those precautions which are practicable or practically possible
taking into account all circumstances ruling at the time, including
humanitarian and military considerations.

Article 4

Restrictions on the use of mines other than remotely delivered mines,
booby-traps and other devices in populated areas

1. This Article applies to:

(a) mines other th&n remotely delivered mines;

(b) booby-traps; and

2. It is prohibited to use weapons to which this Article applies in any
city, town, village or other area containing a similar concentration of
civilians in which combat between ground forces is not taking place or
does not appear to be imminent, unless either:

(a) they are placed on or in the close vicinity of a military
objective belonging to or under the control of an adverse party; or

(b) measures are taken to protect civilians from their effects, for
example, the posting of warning signs, the posting of sentries, the issue
of warnings or the provision of fences.

Article 5

Restrictions on the use of remotely delivered mines

1. The use of remotely delivered mines is prohibited unless such mines
are only used within an area which is itself a military objective or
which contains military objectives, and unless:

(a) their location can be accurately recorded in accordance with
Article 7(1)(a); or

(b) an effective neutralizing mechanism is used on each such mine,
that is to say, a self-actuating mechanism which is designed to render a
mine harmless or cause it to destroy itself when it is anticipated that
the mine will no longer serve the military purpose for which it was
placed in position, or a remotely-controlled mechanism which is designed
to render harmless or destroy a mine when the mine no longer serves the
military purpose for which it was placed in position.

2. Effective advance warning shall be given of any delivery or dropping
of remotely delivered mines which may affect the civilian population,
unless circumstances do not permit.

Article 6

Prohibition on the use of certain booby traps

1. Without prejudice to the rules of international law applicable in
armed conflict relating to treachery and perfidy, it is prohibited in all
circumstances to use:

(a) any booby-trap in the form of an apparently harmless portable
object which is specifically designed and constructed to contain
explosive material and to detonate when it is disturbed or approached; or

(b) booby-traps which are in any way attached to or associated with:

(i) internationally recognized protective emblems, signs or
signals;

(ii) sick, wounded or dead persons;

(iii) burial or cremation sites or graves;

(iv) medical facilities, medical equipment, medical supplies or
medical transportation;

(v) children’s toys or other portable objects or products
specially designed for the feeding, health, hygiene, clothing
or education of children;

(vi) food or drink;

(vii) kitchen utensils or appliances except in military
establishments, military locations or military supply depots;

(viii) objects clearly of a religious nature;

(ix) historic monuments, works of art or places or worship which
constitute the cultural or spiritual heritage of peoples;

(x) animals or their carcasses

2. It is prohibited in all circumstances to use any booby-trap which is
designed to cause superfluous injury or unnecessary suffering.

Article 7

Recording and publication of the location of minefields, mines
and booby-traps

1. The parties to a conflict shall record the location of:

(a) all pre-planned minefields laid by them; and

(b) all areas in which they have made large-scale and pre-planned use
of booby-traps.

2. The parties shall endeavour to ensure the recording of the location of
all other minefields, mines and booby-traps which they have laid or
placed in position.

3. All such records shall be retained by the parties who shall:

(a) immediately after the cessation of active hostilities:

(i) take all necessary and appropriate measures, including the
use of such records, to protect civilians from the effects of
minefields, mines and booby-traps; and either

(ii) in cases where the forces of neither party are in the
territory of the adverse party, make available to each other
and to the Secretary-General of the United Nations all
information in their possession concerning the location of
minefields, mines and booby-traps in the territory of the
adverse party; or

(iii) once complete withdrawal of the forces of the parties from
the territory of the adverse party has taken place, make
available to the adverse party and to the Secretary-General
of the United Nations all information in their possession
concerning the location of minefields, mines and booby traps
in the territory of the adverse party;

(b) When a United Nations force or mission performs functions in any
area, make available to the authority mentioned in Article 8 such
information as is required by that Article;

(c) whenever possible, by mutual agreement provide for the release of
information concerning the location of minefields, mines and booby traps,
particularly in agreements governing the cessation of hostilities.

Article 8

Protection of United Nations forces and missions from the effects of
minefields, mines and booby traps

1. When a United Nations force or mission performs functions of
peacekeeping, observation or similar functions in any area, each party to
the conflict shall if requested by the head of the United Nations force
or mission in that area, as far as it is able:

(a) remove or render harmless all mines or booby traps in that area;

(b) take such measures as may be necessary to protect the force or
mission from the effects of minefields, mines and booby traps while
carrying out its duties; and

(c) make available to the head of the United Nations force or mission
in that area, all information in the party’s possession concerning the
location of minefields, mines and booby traps in that area.

2. When a United Nations fact-finding mission performs functions in any
area, any party to the conflict concerned shall provide protection to
that mission except where, because of the size of such mission, it cannot
adequately provide such protection. In that case it shall make available
to the head of the mission the information in its possession concerning
the location of minefields, mines and booby-traps in that area.

Article 9

International co-operation in the removal of minefields, mines
and booby traps

After the cessation of active hostilities, the parties shall endeavour to
reach agreement, both among themselves and, where appropriate, with other
States and with international organizations, on the provision of
information and technical and material assistance – including, in
appropriate circumstances, joint operations necessary to remove or
otherwise render ineffective minefields, mines and booby-traps placed in
position during the conflict.

TECHNICAL ANNEX TO THE PROTOCOL ON PROHIBITIONS OR
RESTRICTIONS ON THE USE OF MINES, BOOBY TRAPS AND
OTHER DEVICES (PROTOCOL II)

Whenever an obligation for the recording of the location of minefields,
mines and booby traps arises under the Protocol, the following guidelines
shall be taken into account.

1. With regard to pre-planned minefields and large-scale and pre-planned
use of booby traps:

(a) maps, diagrams or other records should be made in such a way as
to indicate the extent of the minefield or booby-trapped area; and

(b) the location of the minefield or booby-trapped area should be
specified by relation to the co-ordinates of a single reference point and
by the estimated dimensions of the area containing mines and booby traps
in relation to that single reference point.

2. With regard to other minefields, mines and booby traps laid or placed
in position:

In so far as possible, the relevant information specified in
paragraph 1 above should be recorded so as to enable the areas
containing minefields, mines and booby traps to be identified.

* * * *

PROTOCOL ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF
INCENDIARY WEAPONS (PROTOCOL III)

Article 1

Definitions

For the purpose of this Protocol:

1. “Incendiary weapon” means 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, heat, or a combination thereof, produced by
a chemical reaction of a substance delivered on the target.

(a) Incendiary weapons can take the form of, for example, flame
throwers, fougasses, shells, rockets, grenades, mines, bombs and other
containers of incendiary substances.

(b) Incendiary weapons do not include:

(i) Munitions which may have incidental incendiary effects, such
as illuminants, tracers, smoke or signalling systems;

(ii) Munitions designed to combine penetration, blast or
fragmentation effects with an additional incendiary effect,
such as armour-piercing projectiles, fragmentation shells,
explosive bombs and similar combined-effects munitions in
which the incendiary effect is not specifically designed to
cause burn injury to persons, but to be used against military
objectives, such as armoured vehicles, aircraft and
installations or facilities.

2. “Concentration of civilians” means any concentration of civilians, be
it permanent or temporary, such as in inhabited parts of cities, or
inhabited towns or villages, or as in camps or columns of refugees or
evacuees, or groups of nomads.

3. “Military objective” means, so far as objects are concerned, any
object which by its nature, location, purpose or use makes an effective
contribution to military action and whose total or partial destruction
capture or neutralization, in the circumstances ruling at the time,
offers a definite military advantage.

4. “Civilian objects” are all objects which are not military objectives
as defined in paragraph 3.

5. “Feasible precautions” are those precautions which are practicable or
practically possible taking into account all circumstances ruling at the
time, including humanitarian and military considerations.

Article 2

Protection of civilians and civilian objects

1.It is prohibited in all circumstances to make the civilian population
as such, individual civilians or civilian objects the object of attack by
incendiary weapons.

2. It is prohibited in all circumstances to make any military objective
located within a concentration of civilians the object of attack by
air-delivered incendiary weapons.

3. It is further prohibited to make any military objective located within
a concentration of civilians the object of attack by means of incendiary
weapons other than air-delivered incendiary weapons, except when such
military objective is clearly separated from the concentration of
civilians and all feasible precautions are taken with a view to limiting
the incendiary effects to the military objective and to avoiding, and in
any event to minimizing, incidental loss of civilian life, injury to
civilians and damage to civilian objects.

4. It is prohibited to make forests or other kinds of plant cover the
object of attack by incendiary weapons except when such natural elements
are used to cover, conceal or camouflage combatants or other military
objectives, or are themselves military objectives.