1980 Convention on Prohibitions and Restrictions on the use of Certain Conventional Weapons Which may be Deemed to be Excessively Injurious or have Indiscriminate Effects

1980 Convention on Prohibitions and Restrictions on the use of Certain Conventional Weapons Which may be Deemed to be Excessively Injurious or have Indiscriminate Effects.pdf

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 d?tente, 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.

(Link to article 1 as amended on 21st December 2001 )

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)