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)