Signature, Ratification and Implementation of the Convention on Cluster Munitions

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Signature, Ratification and Implementation of
the Convention on Cluster Munitions

• Nathalie Weizmann
• South East Asia Regional Conference on the
  Convention on Cluster Munitions,
• Lao PDR, Xiengkhuang, 20-22 October, 2008

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Signature (art. 15)

• - CCM opens for signature on December 3, 2008
  in Oslo, Norway (any State can sign the treaty
  book, indicating intention to be bound by the
  CCM)
• - After Oslo, signature at UN headquarters in
  NY until CCM enters into force

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Signature (art. 15)

• By a person who has Full Powers
• - A Head of State/Government or Foreign Minister
• - A person for whom an instrument conferring full
  powers has already been issued and deposited with
  the UN SG
• - A person for whom an instrument conferring full
  powers is faxed to UN Treaty Section for review
  and approval (at 1-212-963-3693) before 28
  November, 2008
• An instrument conferring full powers must be
  signed by the Head of State/Government or Foreign
  Minister

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• Model of Full Powers
• FULL POWERS
• I, name and title of Minister for Foreign
  Affairs, Head of State/Government,
• HEREBY AUTHORIZE, name and title, to sign the
  Convention on Cluster Munitions, done at Dublin
  on 30 May 2008, on behalf of the Government of
  name of State.
• Done at place on date
• Signature
• Source www.osloccm.no/documents. Also on UN
  Treaty website http//treaties.un.org

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Signature (art. 15)

• - Signing the CCM does not suffice to make it
  legally binding on the signatory State
• - However, signatory States must not take any
  action that would undermine its object and
  purpose between time of signature and
  ratification (art. 18, Vienna Convention on the
  Law of Treaties)

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Ratification (art. 16)

• - Ratification is for States that have signed the
  CCM
• - Once a State has signed the CCM, it must
  formally declare its consent to be bound by it
• - This is done in accordance with national legal
  procedures (usually requiring assent by
  Parliament)
• - Then, a ratification instrument must be signed
  by the Head of State/Government or Foreign
  Minister or a person with full powers and
  deposited with the UN SG (UN Treaty Section )
  (art. 22)

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Ratification (art. 16)

• MODEL INSTRUMENT OF RATIFICATION
• WHEREAS the Convention on Cluster Munitions was
  adopted at Dublin on 30 May 2008,
• AND WHEREAS the said Convention on Cluster
  Munitions has been signed on behalf of the
  Government of name of State on date,
• NOW THEREFORE I, name and title of the Head of
  State, Head of Government or Minister for Foreign
  Affairs declare that the Government of name of
  State, having considered the above mentioned
  Convention on Cluster Munitions, ratifies the
  same and undertakes faithfully to perform and
  carry out the stipulations therein contained.
• IN WITNESS WHEREOF, I have signed this instrument
  of ratification at place on date.
• Signature

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Entry into force (art. 17)

• - Entry into force makes the CCM legally binding
  on States Parties
• - For the first 30 States that ratify, the CCM
  enters into force 6 months after deposit of 30th
  ratification instrument
• - After the first 30 States, the CCM enters into
  force 6 months after deposit of each ratification
  instrument

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Provisional declaration (art. 18)

• - After ratification but before the CCM enters
  into force, a State Party can declare that it
  will apply the general obligations in article 1
  pending the CCMs entry into force for that State

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National Implementation (art. 9)

• - States Parties have an obligation to take all
  appropriate legal, administrative and other
  measures to implement the CCM

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National Implementation (art. 9)

• National measures include
• - Legislation, namely imposing penal sanctions to
  prevent and suppress prohibited acts
• - Annual reports to UN SG on status of
  implementation (art. 7, starting 180 days after
  entry into force)
• - Regular meetings of States Parties to discuss
  implementation, best practices and resolve issues
• - Changes in military doctrine and operating
  procedures
• - Notification of organizations involved in the
  development, production and transfer of cluster
  munitions

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National Implementation (art. 9)

• National measures also include
• - Implementation of plans for stockpile
  destruction
• - Implementation of plans for clearance
• - Implementation of plans for risk awareness and
  victim assistance programs
• - Implementation of plans programs to assist
  other States Parties in their plans for
  destruction, clearance, awareness and victim
  assistance

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For more information

• www.osloccm.no
• http//untreaty.un.org/English/TreatyHandbook
• www.icrc.org