doctype: treaty

identifier: Resolutions of the Diplomatic Geneva Conference, 1974-1977

reference: Resolutions of the Diplomatic Geneva Conference, 1974-1977

title: Resolutions of the Diplomatic Conference of Geneva of 1974-1977.

text: Geneva Conventions

text: Geneva Conventions, article 6

text: Geneva Conventions

text: Geneva Conventions, article 6

text: Geneva Conventions

text: Geneva Conventions, article 6

text: Geneva Conventions, article 82

text: Geneva Conventions

text: Geneva Conventions, article 6

text: Geneva Conventions, article 82

text: Protocol I

text: The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, Geneva, 1974-1977,

text: Considering that :

text: (a) in order to avoid their engagement by combatant forces there is an urgent need for both electronic and visual identification of medical aircraft in flight,

text: (b) the Secondary Surveillance Radar (SSR) systems has the capability of providing unique identification of aircraft and of en route flight details,

text: (c) the International Civil Aviation Organization is the most appropriate international body to designate SSR modes and codes in the range of circumstances envisaged,

text: (d) this Conference has agreed to the use of a flashing blue light as a means of visual identification to be employed only by aircraft exclusively engaged in medical transport,

text: Recognizing that the designation in advance of an exclusive, world-wide SSR mode and code for the identification of medical aircraft may not be possible owing to the extensive deployment of the SSR system,

text: 1. Requests the President of the Conference to transmit to the International Civil Aviation Organization this document, together with the attached documents of this Conference, inviting that Organization to :

text: (a) establish appropriate procedures for the designation, in case of an international armed conflict, of an exclusive SSR mode and code to be employed by medical aircraft concerned; and,

text: (b) note the agreement of this Conference to recognize the flashing blue light as a means of identification of medical aircraft, and provide for that use in the appropriate International Civil Aviation Organization documents;

text: 2. Urges the Governments invited to the present Conference to lend their full co-operation to this endeavour in the consultative processes of the International Civil Aviation Organization.

text: Fifty-fourth plenary meeting 7 June 1977

text: Resolution 17

text: Considering that :

text: (a) in order to avoid attacks upon them there is a need for the improved visual identification of medical transports,

text: (b) this Conference has agreed to the use of a flashing blue light as a means of visual identification to be employed only by aircraft exclusively engaged in medical transport,

text: (c) by special agreement, Parties to a conflict may reserve the use of a flashing blue light for the identification of medical vehicles and medical ships and craft, but, in the absence of such agreement, the use of such signals for other vehicles or ships is not prohibited;

text: (d) in addition to the distinctive emblem and the flashing blue light, other means of visual identification, such as signal flags and combinations of flares, may be used eventually to identify medical transports,

text: (e) the Inter-Governmental Maritime Consultative Organization is the most appropriate international body to designate and promulgate visual signals to be employed within the maritime environment,

text: Having noted that, though the Geneva Conventions of 12 August 1949 recognize the use of the distinctive emblem to be flown by hospital ships and medical craft, this use is not reflected in relevant documents of the Inter-Governmental Maritime Consultative Organization,

text: 1. Requests the President of the Conference to transmit to the Inter-Governmental Maritime Consultative Organization this resolution, together with the documents of this Conference, inviting that Organization to :

text: (a) consider introduction into the appropriate documents, such as the International Code of Signals, the flashing blue light as described in Article 6 of Chapter III of the Regulations contained in Annex I to Protocol I;

text: (b) provide for recognition of the distinctive emblem in the appropriate documents (see Article 3 of Chapter II of the said Regulations);

text: (c) consider the establishment both of unique flag signals and of a flare combination, such as white-red-white, which might be used for additional or alternative visual identification of medical transports;

text: 2. Urges the Governments invited to this Conference to lend their full co-operation to this endeavour in the consultative processes of the Inter-Governmental Maritime Consultative Organization.

text: Resolution 18

text: Considering that :

text: (a) it is vital that distinctive and reliable communications be used for identifying, and announcing the movement of, medical transports,

text: (b) adequate and appropriate consideration will be given to communications related to the movement of a medical transport only if it is identified by an internationally recognized priority signal such as "Red Cross", "Humanity", "Mercy" or other technically and phonetically recognizable term,

text: (c) the wide range of circumstances under which a conflict may occur makes it impossible to select in advance suitable radio frequencies for communications,

text: (d) the radio frequencies to be employed for communicating information relative to the identification and movement of medical transports must be made known to all parties who may use medical transports,

text: Having noted :

text: (a) Recommendation No. 2 of the International Telecommunication Union (ITU) Plenipotentiary Conference, 1973, relating to the use of radiocommunications for announcing and identifying hospital ships and medical aircraft protected under the Geneva Conventions of 1949,

text: (b) Recommendation No. Mar2 - 17 of the International Telecommunication Union World Maritime Administrative Radio Conference, Geneva, 1974, relating to the use of radio-communications for marking, identifying, locating, and communicating with the means of transport protected under the Geneva Conventions of 12 August 1949, concerning the protection of war victims and any additional instruments of those conventions, as well as for ensuring the safety of ships and aircraft of States not Parties to an armed conflict;

text: (c) the memorandum by the International Frequency Registration Board (IFRB), a permanent organ of the International Telecommunication Union (ITU), relating to the need for national co-ordination on radiocommunication matters;

text: Recognizing that :

text: (a) - the designation and use of frequencies, including the use of distress frequencies,

text: - operating procedures in the Mobile Service,

text: - the distress, alarm, urgency and safety signals, and

text: - the order of priority of communications in the Mobile service

text: are governed by the Radio Regulations annexed to the International Telecommunication Convention;

text: (b) these Regulations may be revised only by a competent ITU World Administrative Radio Conference;

text: (c) the next competent World Administrative Radio Conference is planned for 1979 and that written proposals for the revision of the Radio Regulations should be submitted by Governments about one year before the opening of the Conference,

text: 1. Takes note with appreciation that a specific item has been included on the agenda of the World Administrative Radio Conference, Geneva, 1979, which reads:

text: "2.6 to study the technical aspects of the use of radiocommunications for marking, identifying, locating and communicating with the means of medical transport protected under the 1949 Geneva Conventions and any additional instruments of these Conventions";

text: 2. Requests the President of the Conference to transmit this document to all Governments and organizations invited to the present Conference, together with the attachments representing the requirements, both for radio frequencies and for international recognition of an appropriate priority signal, which must be satisfied in the proceedings of a competent World Administrative Radio Conference;

text: 3. Urges the Governments invited to the present Conference to make, as a matter of urgency, the appropriate preparations for the World Administrative Radio Conference to be held in 1979 so that the vital requirements of communications for protected medical transports in armed conflicts may be adequately provided for in the Radio Regulations.

text: Resolution 19

text: Welcoming the adoption of Article 53 relating to the protection of cultural objects and places of worship as defined in the said Article, contained in the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (

text: Protocol I

text: Acknowledging that the Convention for the Protection of Cultural Property in the Event of Armed Conflict and its Additional Protocol, signed at The Hague on 14 May 1954, constitutes an instrument of paramount importance for the international protection of the cultural heritage of all mankind against the effects of armed conflict and that the application of this Convention will in no way be prejudiced by the adoption of the Article referred to in the preceding paragraph,

text: Urges States which have not yet done so to become Parties to the aforementioned Convention.

text: Fifty-fifth plenary meeting 7 June 1977

text: Resolution 20

text: Convinced that a sound knowledge of international humanitarian law is an essential factor for its effective application,

text: Confident that widespread knowledge of that law will contribute to the promotion of humanitarian ideals and a spirit of peace among nations,

text: 1. Reminds the High Contracting Parties that under the four Geneva Conventions of 1949 they have undertaken to disseminate knowledge of those Conventions as widely as possible, and that the Protocols adopted by the Conference reaffirm and extend that obligation;

text: 2. Invites the signatory States to take all appropriate measures to ensure that knowledge of international humanitarian law applicable in armed conflicts, and of the fundamental principles on which that law is based, is effectively disseminated, particularly by :

text: (a) encouraging the authorities concerned to plan and give effect, if necessary with the assistance and advice of the International Committee of the Red Cross, to arrangements to teach international humanitarian law, particularly to the armed forces and to appropriate administrative authorities, in a manner suited to national circumstances;

text: (b) undertaking in peacetime the training of suitable persons to teach international humanitarian law and to facilitate the application thereof, in accordance with Articles 6 and 82 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (

text: Protocol I

text: (c) recommending that the appropriate authorities intensify the teaching of international humanitarian law in universities (faculties of law, political science, medicine, etc.);

text: (d) recommending to educational authorities the introduction of courses on the principles of international humanitarian law in secondary and similar schools;

text: 3. Urges National Red Cross, Red Crescent and Red Lion and Sun Societies to offer their service to the authorities in their own countries with a view to the effective dissemination of knowledge of international humanitarian law;

text: 4. Invites the International Committee of the Red Cross to participate actively in the effort to disseminate knowledge of international humanitarian law by, inter alia :

text: (a) publishing material that will assist in teaching international humanitarian law, and circulating appropriate information for the dissemination of the Geneva Conventions and the Protocols,

text: (b) organizing, on its own initiative or when requested by Governments or National Societies, seminars and courses on international humanitarian law, and co-operating for that purpose with States and appropriate institutions.

text: Fifty-fifth plenary meeting 7 June 1977

text: Resolution 21

text: Having met at Geneva for four session, in 1974, 1975, 1976 and 1977, and having adopted new humanitarian rules relating to armed conflicts and methods and means of warfare,

text: Convinced that the suffering of the civilian population and combatants could be significantly reduced if agreements can be attained on the prohibition or restriction for humanitarian reasons of the use of specific conventional weapons, including any which may be deemed to be excessively injurious or to have indiscriminate effects,

text: Recalling that the issue of prohibitions or restrictions for humanitarian reasons of the use of specific conventional weapons has been the subject of substantive discussion in the Ad Hoc Committee on Conventional Weapons of the Conference at all its four sessions, and at the Conferences of Government Experts held under the auspices of the International Committee of the Red Cross in 1974 at Lucerne and in 1976 at Lugano,

text: Recalling, in this connection, discussions and relevant resolutions of the General Assembly of the United Nations and appeals made by several Heads of State and Government,

text: Having concluded, from these discussions, that agreement exists on the desirability of prohibiting the use of conventional weapons, the primary effect of which is to injure by fragments not detectable by X-ray, and that there is a wide area of agreement with regard to land-mines and booby-traps,

text: Having also devoted efforts to the further narrowing down of divergent views on the desirability of prohibiting or restricting the use of incendiary weapons, including napalm,

text: Having also considered the effects of the use of other conventional weapons, such as small calibre projectiles and certain blast and fragmentation weapons, and having begun the consideration of the possibility of prohibiting or restricting the use of such weapons,

text: Recognizing that it is important that this work continue and be pursued with the urgency required by evident humanitarian considerations,

text: Believing that further work should both build upon the areas of agreement thus far identified and include the search for further areas of agreement and should, in each case, seek the broadest possible agreement,

text: 1. Resolves to send the report of the Ad Hoc Committee and the proposals presented in that Committee to the Governments of States represented at the Conference and to the Secretary-General of the United Nations;

text: 2. Requests that serious and early consideration be given to these documents and to the reports of the Conferences of Government Experts of Lucerne and Lugano;

text: 3. Recommends that a Conference of Governments should be convened not later than 1979 with a view to reaching:

text: (a) agreements on prohibitions or restrictions on the use of specific conventional weapons including those which may be deemed to be excessively injurious or have indiscriminate effects, taking into account humanitarian and military considerations; and

text: (b) agreement on a mechanism for the review of any such agreements and for the consideration of proposals for further such agreements;

text: 4. Urges that consultations be undertaken prior to the consideration of this question at the thirty-second session of the United Nations General Assembly for the purpose of reaching agreement on the steps to be taken in preparation for the Conference;

text: 5. Recommends that a consultative meeting of all interested Governments be convened during September/October 1977 for this purpose;

text: 6. Recommends further that the States participating in these consultations should consider inter alia the establishment of a Preparatory Committee which would seek to establish the best possible basis for the achievement at the Conference of agreements as envisaged in this resolution;

text: 7. Invites the General Assembly of the United Nations at its thirty-second session, in the light of the results of the consultations undertaken pursuant to paragraph 4 of this resolution, to take any further action that may be necessary for the holding of the Conference in 1979.

text: Fifty-seventh plenary meeting 9 June 1977

text: Resolution 22

summary: The resolutions reproduced below were adopted at the end of the fourth session either by a two-thirds majority or by consensus. The other resolutions adopted in the course of the first three sessions, as well as Resolution 23 of the fourth session, concern the work of the Conference and are of no general significance. For the texts of all the resolutions adopted, see the Official Records of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts.


identifier: OAU Convention on Mercenaries, 1977

depositary: Organization of African Unity (OAU)

languages: Arabic English French

publisher: International Committee of the Red Cross

reference: OAU Convention on Mercenaries, 1977

title: OAU Convention for the Elimination of Mercenarism in Africa. Libreville, 3rd July 1977.

action: accession

country: Guinea

action: signature

country: Ghana

country: Gambia

country: Democratic Republic of the Congo

country: Egypt

country: Libya

country: Eritrea

country: Mali

country: Mauritania

country: Togo

country: Burkina Faso

country: Liberia

country: Angola

country: Uganda

country: Rwanda

country: Cabo Verde

country: Gabon

country: Zambia

country: Côte d'Ivoire

country: United Republic of Tanzania

country: Madagascar

country: Cameroon

country: Congo

country: Senegal

country: Guinea-Bissau

country: Algeria

country: Equatorial Guinea

country: South Sudan

country: Sao Tome and Principe

country: Eswatini

country: Djibouti

text: We, the Heads of State and Government of the Member States of the Organization of African Unity;

text: Considering the grave threat which the activities of mercenaries present to the independence, sovereignty, security territorial integrity and harmonious development of Member States of the Organization of African Unity;

text: Concerned with the threat which the activities of mercenaries pose to the legitimate exercise of the right of African People under colonial and racist domination to their independence and freedom;

text: Convinced that total solidarity and co-operation between Member States are indispensable for putting an end to the subversive activities of mercenaries in Africa;

text: Considering that the resolutions of the UN and the OAU, the statements of attitude and the practice of a great number of States are indicative of the development of new rules of international law making mercenarism an international crime;

text: Determined to take all necessary measures to eliminate from the African continent the scourge that mercenarism represents;

text: Have agreed as follows:

text: Preamble

text: 1. A mercenary is any person who:

text: a) is specially recruited locally or abroad in order to fight in an armed conflicts;

text: b) does in fact take a direct part in the hostilities;

text: c) is motivated to take part in the hostilities essentially by the desire for private gain and in fact is promised by or on behalf of a party to the conflict material compensation;

text: d) is neither a national of a party to the conflict nor a resident of territory controlled by a party to the conflicts;

text: e) is not a member of the armed forces of a party to the conflict; and

text: f) is not sent by a state other than a party to the conflict on official mission as a member of the armed forces of the said state.

text: 2. The crime of mercenarism is committed by the individual, group or association, representative of a State or the State itself who with the aim of opposing by armed violence a process of self-determination stability or the territorial integrity of another State, practises any of the following acts:

text: a) Shelters, organises, finances, assists, equips, trains, promotes, supports or in any manner employs bands of mercenaries;

text: b) Enlists, enrols or tries to enrol in the said bands;

text: c) Allows the activities mentioned in paragraph (a) to be carried out in any territory under its jurisdiction or in any place under its control or affords facilities for transit, transport or other operations of the above mentioned forces.

text: 3. Any person, natural or juridical who commits the crime of mercenarism as defined in paragraph 1 * of this Article commits an Offence considered as a crime against peace and security in Africa and shall be punished as such.

text: * Note. - It is the second paragraph of the first article of the African Convention, because the first paragraph deals with the definition of the mercenary and not with the definition of the crime of mercenarism (our note).

text: Article 1 - Definition

text: Article 2 - AGGRAVATING CIRCUMSTANCES

text: The fact of assuming command over or giving orders to mercenaries shall be considered as an aggravating circumstances.

text: Article 2 - Aggravating circumstance

text: Mercenaries shall not enjoy the status of combatants and shall not be entitled to the prisoners of war status.

text: Article 3 - Status of mercenaries

text: A mercenary is responsible both for the crime of mercenarism and all related offences, without prejudice to any other offences for which he may be prosecuted.

text: Article 4 - Scope of criminal responsibility

text: REPRESENTATIVES

text: 1. When the representative of a State is accused by virtue of the provisions of Article 1 of this Convention for acts or omissions declared by the aforesaid article to be criminal, he shall be punished for such an act or omission.

text: 2. When a State is accused by virtue of the provisions of Article 1 of this Convention for acts or omissions declared by the aforesaid article to be criminal, any other party to the present Convention may invoke the provisions of this Convention in its relations with the offending State and before any competent OAU or International Organisation tribunal or body.

text: Article 5 - General responsibility of States and their Representatives

text: The contracting parties shall take all necessary measures to eradicate all mercenary activities in Africa.

text: To this end, each contracting State shall undertake to:

text: a) Prevent its nationals or foreigners on its territory from engaging in any of the acts mentioned in Article 1 of this Convention;

text: b) Prevent entry into or passage through its territory of any mercenary or any equipment destined for mercenary use;

text: c) Prohibit on its territory any activities by persons or organisations who use mercenaries against any African State member of the Organization of African Unity or the people of Africa in their struggle for liberation;

text: d) Communicate to the other Member States of the Organization of African Unity either directly or through the Secretariat of the OAU any information related to the activities of mercenaries as soon as it comes to its knowledge;

text: e) Forbid on its territory the recruitment, training, financing and equipment of mercenaries and any other form of activities likely to promote mercenarism;

text: f) Take all the necessary legislative and other measures to ensure the immediate entry into force of this Convention.

text: Article 6 - Obligations of States

text: Each contracting State shall undertake to make the offence defined in Article 1 of this Convention punishable by severest penalties under its laws, including capital punishment.

text: Article 7 - Penalties

text: Each contracting State shall undertake to take such measures as may be necessary to punish, in accordance with the provisions of Article 7 , any person who commits an offence under Article 1 of this Convention and who is found on its territory if it does not extradite him to the State against which the offence has been committed.

text: Article 8 - Jurisdiction

text: 1. The crimes defined in Article 1 of this Convention, are not covered by national legislation excluding extradition for political offences.

text: 2. A request for extradition shall not be refused unless the requested State undertakes to exercise jurisdiction over the offender in accordance with the provisions of Article 8 .

text: 3. Where a national is involved in the request for extradition, the requested State shall take proceedings against him for the offence committed if extradition is refused.

text: 4. Where procedings have been initiated in accordance with paragraphs 2 and 3 of this Article, the requested State shall inform the requesting State or any other State member of the OAU interested in the proceedings, of the result thereof.

text: 5. A State shall be deemed interested in the proceedings within the meaning of paragraph 4 of this Article if the offence is linked in any way with its territory or is directed against its interests.

text: Article 9 - Extradition

text: The contracting States shall afford one another the greatest measure of assistance in connection with the investigation and criminal proceedings brought in respect of the offence and other acts connected with the activities of the offender.

text: Article 10 - Mutual assistance

text: Any person or group of persons on trial for the crime defined in Article 1 of this Convention shall be entitled to all the guarantees normally granted to any ordinary person by the State on whose territory he is being tried.

text: Article 11 - Judicial guarantee

text: Any dispute regarding the interpretation and application of the provisions of this Convention shall be settled by the interested parties in accordance with the principle of the Charter of the Organization of African Unity and the Charter of the United Nations.

text: Article 12 - Settlement of disputes

text: 1. This Convention shall be open for signature by the Members of the Organization of African Unity. It shall be ratified. The instruments of ratification shall be deposited with the Administrative Secretary-General of the Organization.

text: 2. This Convention shall come into force 30 days after the date of the deposit of the seventeenth instrument of ratification.

text: 3. As regard any signatory subsequently ratifying the Convention, it shall come into force 30 days after the date of the deposit of its instrument of ratification.

text: Article 13 - Signature, ratification and entry into force

text: 1. Any Member State of the Organization of African Unity may accede to this Convention.

text: 2. Accession shall be deposit with the Administrative Secretary-General of the Organization of an instrument of accession, which shall take effect 30 days after the date of its deposit.

text: Article 14 - Accession

text: 1. The Administrative Secretary-General of the Organization of African Unity shall notify the Member States of the Organization of:

text: a) the deposit of any instrument of ratification or accession;

text: b) The date of entry into force of this Convention.

text: 2. The Administrative Secretary-General of the Organization of African Unity shall transmit certified copies of the Convention to all Member States of the Organization.

text: 3. The Administrative Secretary-General of the Organization of African Unity shall, as soon as this Convention comes into force, register it pursuant to Article 102 of the Charter of the United Nations.

text: IN WITNESS WHEREOF, We, the Heads of State and Government of the Member States of the Organization of African Unity have appended our signatures to this Convention.

text: DONE at Libreville, this 3rd day of July 1977 in the Arabic, English, and French languages, all texts being equally authoritative, in a single original copy which shall be deposited in the archives of the Organization of African Unity.

text: Article 15 - Notification and registration

summary: The African Convention on Mercenarism was signed in Libreville on 3 July 1977 and entered into effect on 22 April 1985. This is an important regional instrument given the real and supposed threat posed by mercenarism to many African states since the beginning of decolonization. This text was adopted less than one month following adoption of the 1977 Additional Protocols to the Geneva Conventions of 1949 and provides an extensive definition of the mercenarism but does not contain a "safeguard clause" applicable to international humanitarian law. While the African Convention condemns mercenaries and mercenarism (Article 1), these activities are not considered to be a "grave breach" by Protocol I of 1977. The United Nations International Convention "against the Recruitment, Use, Financing and Training of Mercenaries" considers mercenarism as an offence (Article 2 and foll.), has entered into force (20.10.2001).


identifier: Resolution on Small-Calibre Weapon Systems, 1979

languages: English Arabic Chinese Spanish French Russian

title: Resolution on Small-Calibre Weapon Systems. Geneva, 28 September 1979.

text: The United Nations Conference on Prohibitions or Restrictions of Use of Certain Conventional Weapons,

type: stycke

text: ' Recalling ' United Nations General Assembly resolution 32/152 of 19 December 1977,

text: ' Aware ' of the continuous development of small-calibre weapon systems (i.e., arms and projectiles),

text: ' Anxious ' to prevent an unnecessary increase of the injurious effects of such weapon systems,

text: ' Recalling ' the agreement embodied in The Hague Declaration of 29 July 1899, to abstain, in international armed conflict, from the use of bullets which expand or flatten easily in the human body,

text: ' Convinced ' that it is desirable to establish accurately the wounding effects of current and new generations of small calibre weapon systems including the various parameters that affect the energy transfer and the wounding mechanism of such systems,

text: 1. ' Takes note ' with appreciation of the intensive research carried out nationally and internationally in the area of wound ballistics, in particular relating to small-calibre weapon systems, as documented during the Conference;

text: 2. ' Considers ' that this research and the international discussion on the subject has led to an increased understanding of the wounding effects of small-calibre weapon systems and of the parameters involved;

text: 3. ' Believes ' that such research, including testing of small-calibre weapon systems, should be continued with a view to developing standardized assessment methodology relative to ballistic parameters and medical effects of such systems;

text: 4. ' Invites ' Governments to carry out further research, jointly or individually on the wounding effects of small-calibre weapon systems and to communicate, where possible, their findings and conclusions;

text: 5. ' Welcomes ' the announcement that an international scientific symposium on wound ballistics will be held in Gothenburg, Sweden, in late 1980 or in 1981, and hopes that the results of the symposium will be made available to the United Nations Disarmament Commission, the Committee on Disarmament and other interested fora;

text: 6. ' Appeals ' to all Governments to exercise the utmost care in the development of small-calibre weapon systems, so as to avoid an unnecessary escalation of the injurious effects of such systems.

text: Resolution

type: artikel

summary: The U.N. Conference of 1979 and 1980 did not reach agreement on a protocol on small-calibre weapon systems. The resolution on Small-Calibre Weapons was adopted at the 1979 session of the Conference and annexed to the Final Act of 1980 as Appendix E. From: D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.197-198.

type: internationell-overenskommelse


identifier: Final Act on the Conference on Certain Conventional Weapons (CCW), 1980

title: Final Act of the United Nations Conference 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.

text: The United Nations Conference on Prohibitions or Restrictions of Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to have Indiscriminate Effects, convened on the basis of United Nations General Assembly resolutions 32/152 of 19 December 1977, 33/70 of 28 September 1978 and 34/82 of 11 December 1979, met at the Palais des Nations in Geneva from 10 to 28 September 1979 and from 15 September to 10 October 1980.

text: Eighty-five States participated in the work of the Conference, 82 at the 1979 session, 76 at the 1980 session.

text: On 10 October 1980, the Conference adopted the following instruments:

text: 1. 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 (Appendix A).

text: 2. Protocol on Non-Detectable Fragments (Protocol I) (Appendix B).

text: 3. Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (Protocol II) (Appendix C).

text: 4. Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III) (Appendix D)

text: In addition, the Conference at its 1979 session adopted the following resolution: Resolution on Small-Calibre Weapon Systems (Appendix E). The texts of the above-mentioned instruments and resolution are appended to this Final Act.

text: IN WITNESS WHEREOF, signed in Geneva, this tenth day of October 1980.

text: (Here follow signatures of the President and Executive Secretary of the Conference.)

text: Final Act

summary: The need of additional conventions prohibiting or limiting the use of certain methods and means of warfare was emphasized in the resolutions of the International Red Cross Conference of 1965 and of the International Conference on Human Rights of 1968 as well as in Resolution 2444 (XXIII) of the United Nations General Assembly of 1968. At the conferences of government experts convened by the International Committee of the Red Cross in 1971 and 1972 to prepare the protocols additional to the Geneva Conventions and at the Diplomatic Conference of 1974-1977 the opinion prevailed that an agreement on conventional weapons should be attempted, leaving aside weapons of mass destruction. Encouraged by the Diplomatic Conference, the ICRC convened two conferences of government experts on the use of certain conventional weapons which met at Lucerne in 1974 and at Lugano in 1976. The Diplomatic Conference, on 9 June 1977, adopted Resolution 22 (IV) which recommended that a conference of governments be convened not later that 1979 with a view to reaching agreements on prohibitions or restrictions of the use of specific conventional weapons. The U.N. General Assembly endorsed this recommendation and the Conference took place in Geneva from 10 to 28 September 1979 and from 15 September to 10 October 1980. The Convention and the three Protocols annexed to it were adopted by consensus on 10 October 1980 and opened for signature on 10 April 1981. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publisher, 1988, p.178


identifier: Convention prohibiting Certain Conventional Weapons (CCW), 1980

depositary: United Nations

reference: Convention prohibiting Certain Conventional Weapons (CCW), 1980

title: 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.

country: Estonia

country: Türkiye

action: declaration

reservation: Reservation: "Turkey is not bound by Additional Protocol I of 10 June 1977 to the Geneva Conventions of 12 August 1949: Therefore, Turkey, with reference to the scope of application defined in article 1 of the 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, states that it will apply the Convention to all armed conflicts referred to in articles 2 and 3 common to the Geneva Conventions of 12 August 1949. Turkey also states that paragraph 4 of article 7 of this Convention shall not apply with respect to Turkey."

country: India

country: Spain

country: Holy See

reservation: Declaration: "The Holy See, as a signatory of the [said Convention and annexed Protocols], in keeping with its proper nature and with the particular condition of Vatican City State, intends to renew its encouragement to the International Community to continue on the path it has taken for the reduction of human suffering caused by armed conflict. Every step in this direction contributes to increasing awareness that war and the cruelty of war must be done away with in order to resolve tensions by dialogue and negotiation, and also by ensuring that international law is respected. The Holy See, while maintaining that the above-mentioned Convention and Protocols constitute an important instrument for humanitarian international law, reiterates the objective hoped for by many parties: an agreement that would totally ban anti-personnel mines, the effects of which are tragically well-know. In this regard, the Holy See considers that the modifications made so far in the second Protocol are insufficient and inadequate. It wishes, by means of its own accession to the Convention, to offer support to every effort aimed at effectively banning anti-personnel mines, in the conviction that all possible means must be used in order to build a safer and more fraternal world."

country: Morocco

country: Qatar

country: Mauritius

country: Uzbekistan

country: Viet Nam

country: Slovenia

country: Paraguay

country: Saudi Arabia

country: Lesotho

country: Finland

country: Brazil

country: New Zealand

country: Poland

country: Sri Lanka

country: Burkina Faso

country: United Arab Emirates

country: Saint Vincent and the Grenadines

country: Monaco

country: Chile

country: Nauru

country: Colombia

country: Ukraine

country: Seychelles

country: Australia

country: South Africa

country: Cyprus

reservation: Declaration made upon accession : "The provisions of article 7 of paragraph (3b) and article 8 of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (Protocol II) will be interpreted in such a way that neither the status of peace-keeping forces or missions of the United Nations in Cyprus will be affected nor will additional rights be, ipso jure, granted to them." SOURCE : Multilateral treaties deposited with the Secretary-General, New York, 1992, p.854.

country: Mexico

country: Iceland

country: Sweden

reservation: "1. It is the understanding of the Government of Canada that: (a) The compliance of commanders and others responsible for planning, deciding upon, or executing attacks to which the Convention and its Protocols apply cannot be judged on the basis of information which subsequently comes to light but must be assessed on the basis of the information available to them at the time that such actions were taken; and (b) Where terms are not defined in the present Convention and its Protocols they shall, so far as is relevant, be construed in the same sens as terms contained in additional Protocol I to the Geneva Conventions of August 12, 1949. 2. With respect to Protocol I, it is the understanding of the Government of Canada that the use of plastics or similar materials for detonators or other weapons parts not designed to cause injury is not prohibited. 3. With respect to Protocol II, it is the understanding of the Government of Canada that: (a) Any obligation to record the location of remotely delivered mines pursuant to sub-paragraph 1 (a) of article 5 refers to the location of mine fields and not to the location of individual remotely delivered mines; (b) The term "pre-planned", as used in sub-paragraph 1 (a) of article 7 means that the position of the minefield in question should have been determined in advance so that an accurate record of the location of the minefield, when laid, can be made; (c) The phrase "similar functions" used in article 8, includes the concepts of "peace-making", preventive peace-keeping and peace enforcement" as defined in an agenda for peace (United Nations document A/47/277 S/2411 of 17 June 1992). 4. With respect to Protocol III, it is the understanding of the Government of Canada that the expression "clearly separated" in paragraph 3 of article 2 includes both spatial separation or separation by means of an effective physical barrier between the military objective and the concentration of civilians." SOURCE: Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1994, United Nations, New York, pp. 912 and 913.

reservation: Declaration of territorial application made on 28.04.2014: Netherlands: territorial application to the Caribbean part of the Netherlands (the Islands of Bonaire, Sint Eustatius and Saba)

reservation: Declarations: "(a) With reference to the scope of application defined in article 1 of the Convention, the Government of the State of Israel will apply the provisions of the Convention and those annexed Protocols to which Israel has agreed become bound to all armed conflicts involving regular armed forces of States referred to in article 2 common to the General Conventions of 12 August 1949, as well as to all armed conflicts referred to in article 3 common to the Geneva Conventions of 12 August 1949. (b) Article 7, paragraph 4 of the Convention will have no effect. (c) The application of this Convention will have no effect on the legal status of the parties to a conflict. Understandings: (a) It is the understanding of the Government of the State of Israel that the compliance of commanders and others responsible for planning, deciding upon, or executing attacks to which the Convention and its Protocols apply, cannot be judged on the basis of information which subsequently comes to light, but must be assessed on the basis of the information available to them at the time that such actions were taken. (b) With respect to Protocol I, it is the understanding of the Government of Israel that the use of plastics or similar materials for detonators or other weapon parts not designed to cause injury is not prohibited. (c) With respect to Protocol II, it is the understanding of the Government of Israel that: (i) Any obligation to record the location of remotely delivered mines pursuant to sub-paragraph 1 (a) of article 5 refers to the location of mine fields and not to the location of individual remotely delivered mines; (ii) the term pre-planned, as used in sub-paragraph 1 (a) of article 7 means that the position of the minefield in question should have been determined in advance so that an accurate record of the location of the minefield, when laid, can be made."

reservation: Declaration, interpretative statement and reservation made upon signature : Declaration : After signing the 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, the French Government, as it has already had occasion to state - through its representative to the United Nations Conference on Prohibitions or Restrictions on the Use of Certain Conventional Weapons in Geneva, during the discussion of the proposal concerning verification arrangements submitted by the delegation of the Federal Republic of Germany and of which the French Government became a sponsor, and at the final meeting on 10 October 1980; - on 20 November 1980 through the representative of the Netherlands, speaking on behalf of the nine States members of the European Community in the First Committee at the thirty-fifth session of the United Nations General Assembly; Regrets that thus far it has not been possible for the States which participated in the negotiation of the Convention to reach agreement on the provisions concerning the verification of facts which might be alleged and which might constitute violations of the undertakings subscribed to. It therefore reserves the right to submit, possibly in association with other States, proposals aimed at filling that gap at the first conference to be held pursuant to article 8 of the Convention and to utilize, as appropriate, procedures that would make it possible to bring before the international community facts and information which, if verified, could constitute violations of the provisions of the Convention and the Protocols annexed thereto. Interpretative statement : The application of this Convention will have no effect on the legal status of the parties to a conflict. Reservation : France, which is not bound by Additional Protocol I of 10 June 1977 to the Geneva Conventions of 12 August 1949 : - Considers that the fourth paragraph of the preamble to the 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, which reproduces the provisions of article 35, paragraph 3, of Additional Protocol I, applies only to States parties to that Protocol; - States, with reference to the scope of application defined in article 1 of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons, that it will apply the provisions of the Convention and its three Protocols to all the armed conflicts referred to in articles 2 and 3 common to the Geneva Conventions of 12 August 1949; - States that as regards the Geneva Conventions of 12 August 1949, the declaration of acceptance and application provided for in article 7, paragraph 4 (b), of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons will have no effects other than those provided for in article 3 common to the Geneva Conventions, in so far as that article is applicable. SOURCE : Multilateral treaties deposited with the Secretary-General, New York, 1992.

reservation: Reservation made upon signature : 1. ... 2. Romania considers that the Convention and the three Protocols annexed thereto constitute a positive step within the framework of the efforts which have been made for the gradual development of international humanitarian law applicable during armed conflicts and which aim at providing very broad and reliable protection for the civilian population and the combatants. 3. At the same time, Romania would like to emphasize that the provisions of the Convention and its Protocols have a restricted character and do not ensure adequate protection either to the civilian population or to the combatants as the fundamental principles of international humanitarian law require. 4. The Romanian Government wishes to state on this occasion also that real and effective protection for each individual and for peoples and assurance of their right to a free and independent life necessarily presuppose the elimination of all acts of aggression and the renunciation once and for all of the use of force and the threat of the use of force, of intervention in the domestic affairs of other States and of the policy of domination and diktat and strict observation of the sovereignty and independence of peoples and their legitimate right to self-determination. In the present circumstances, when a vast quantity of nuclear weapons has been accumulated in the world, the protection of each individual and of all peoples is closely linked with the struggle for peace and disarmament and with the adoption of authentic measures to halt the arms race and ensure the gradual reduction of nuclear weapons until they are totally eliminated. 5. The Romanian Government states once again its decision to act, together with other States, to ensure the prohibition or restriction of all conventional weapons which are excessively injurious or have indiscriminate effects, and the adoption of urgent and effective measures for nuclear disarmament which would protect peoples from the nuclear war which seriously threatens their right to life - a fundamental condition for the protection which international humanitarian law must ensure for the individual, the civilian population and the combatants. SOURCE : Multilateral treaties deposited with the Secretary-General, New York, 1992, pp.855-856.

reservation: Declaration made upon signature : On 10 October 1980 in Geneva, the representative of Italy at the Conference speaking at the closing meeting, emphasized that the Conference, in an effort to reach a compromise between what was desirable and what was possible, had probably achieved the maximum results feasible in the circumstances prevailing at that time. However, he observed in his statement that one of the objectives which had not been achieved at the Conference, to his Government's great regret, was the inclusion in the text of the Convention, in accordance with a proposal originated by the Federal Republic of Germany, of an article on the establishment of a consultative committee of experts competent to verify facts which might be alleged and which might constitute violations of the undertakings subscribed to. On the same occasion, the representative of Italy expressed the wish that proposal, which was aimed at strengthening the credibility and effectiveness of the Convention, should be reconsidered at the earliest opportunity within the framework of the mechanisms for the amendment of the Convention expressly provided for in that instrument. Subsequently, through the representative of the Netherlands, speaking on behalf of nine States members of the European Community in the First Committee of the United Nations General Assembly on 20 November 1980, when it adopted draft resolution A/C.1/31/L.15 (subsequently adopted as General Assembly Resolution 35/153), Italy once again expressed regret that the States which had participated in the preparation of the texts of the Convention and its Protocols had been unable to reach agreement on provisions that would ensure respect for the obligations deriving from those texts. In the same spirit, Italy - which has just signed the Convention in accordance with the wishes expressed by the General Assembly in its resolution 35/153 - wishes to confirm solemnly that it intends to undertake active efforts to ensure that the problem of the establishment of a mechanism that would make it possible to fill a gap in the Convention and thus ensure that it achieves maximum effectiveness and maximum credibility vis-à-vis the international community is taken up again at the earliest opportunity in every competent forum. SOURCE : Multilateral treaties deposited with the Secretary-General, New York, 1992, p.855.

reservation: Upon ratification: Reservation: Article 7 (4) (b) of the Convention shall not apply with respect to the United States. Declaration: The United States declares, with reference to the scope of application defined in article 1 of the Convention, that the United States will apply the provisions of the Convention, Protocol I, and Protocol II to all armed conflicts referred to in articles 2 and 3 common to the Geneva Conventions for the Protection of War Victims of August 12, 1949. Understandings : The United States understands that article 6 (1) of the Protocol II does not prohibit the adaptation for use as booby-traps of portable objects created for a purpose other than as a booby-trap if the adaptation does not violate paragraph (1)(b) of the article. The United States considers that the fourth paragraph of the preamble to the Convention, which refers to the substance of provisions of article 35 (3) and article 55 (1) of additional Protocol I to the Geneva Conventions for the Protection of War Victims of August 12, 1949, applies only to States which have accepted those provisions. SOURCE: C.N.104.1995.TREATIES-2 (Depositary Notification)

reservation: The Argentine Republic makes the express reservation that any references to the 1977 Protocols Additional to the Geneva Conventions of 1949 that are contained in the [said Convention and its Protocols I, II and III] shall be interpreted in the light of the interpretative declarations in the instrument of accession of the Argentine Republic to the aforementioned additional Protocols of 1977. SOURCE: United Nations, depositary notification C.N.359.1995.TREATIES-5

country: United Kingdom of Great Britain and Northern Ireland

reservation: Upon ratification: (a) Generally (i) The term "armed conflict" of itself and in its context denotes a situation of a kind which is not constituted by the Commission of ordinary crimes, including acts of terrorism, whether concerted or in isolation. (ii) The United Kingdom will not, in relation to any situation in which it is involved, consider itself bound in consequence of any declaration purporting to be made for the purposes of article 7 (4), unless the United Kingdom shall have expressly recognised that it has been made by a body which is genuinely and authority representing a people engaged in an armed conflict of the type to which that paragraph applies. (iii) The terms "civilian" and "civilian population" have the same meaning as in article 50 of the 1st Additional Protocol of 1977 to the 1949 Geneva Conventions. Civilians shall enjoy the protection afforded by this Convention unless and for such time as they take a direct part in hostilities. (iv) Military commanders and others responsible for planning, deciding upon, or executing attacks necessarily have to reach decisions on the basis of their assessment of the information from all sources which is reasonably available to them at the relevant time. (b) Re: Protocol II, article 2; and Protocol III, article 1 A specific area of land may be a military objective if, because of its location or other reasons specified in this article, its total or partial destruction, capture or neutralisation in the circumstances ruling at the time offers a definite military advantage. (c) Re: Protocol II, article 3 In the view of the United Kingdom, the military advantage anticipated from an attack is intended to refer to the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of the attack. (d) Re: Protocol III, article 2 The United Kingdom accepts the provisions of article 2 (2) and (3) on the understanding that the terms of those paragraphs of that article do not imply that the air-delivery of incendiary weapons, or of any other weapons, projectiles or munitions, is less accurate or less capable of being carried out discriminately than all or any other means of delivery. SOURCE: United Nations, C.N.48.1995.TREATIES-1 (Depositary Notification)

reservation: Statement made upon signature : 1. The Government of the People's Republic of China has decided to sign the 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 adopted at the United Nations Conference held in Geneva on 10 October 1980. 2. The Government of the People's Republic of China deems that the basic spirit of the Convention reflects the reasonable demand and good intention of numerous countries and peoples of the world regarding prohibitions or restrictions on the use of certain conventional weapons which are excessively injurious or have indiscriminate effects. This basic spirit conforms to China's consistent position and serves the interest of opposing aggression and maintaining peace. 3. However, it should be pointed out that the Convention fails to provide for supervision or verification of any violation of its clauses, thus weakening its binding force. The Protocol on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices fails to lay down strict restriction on the use of such weapons by the aggressor on the territory of his victim and to provide adequately for the right of a state victim of an aggression to defend itself by all necessary means. The Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons does not stipulate restrictions on the use of such weapons against combat personnel. Furthermore, the Chinese texts of the Convention and Protocol are not accurate or satisfactory enough. It is the hope of the Chinese Government that these inadequacies can be remedied in due course. SOURCE : Multilateral treaties deposited with the Secretary-General, New York, 1992, p.854.

reservation: Declarations and reservation (Original: English): “Singapore is not bound by Additional Protocol I of 10 June 1977 to the Geneva Conventions of 12 August 1949. Therefore, the Government of Singapore considers that the fourth paragraph of the preamble to the Convention, which reproduces the substance of provisions of article 35(3) and article 55(1) of Additional Protocol I of 10 June 1977 to the Geneva Conventions of 12 August 1949, applies only to States which are party to that same Additional Protocol I. With respect to the scope of application defined in article l of the Convention, the Government of Singapore will apply the provisions of the Convention and those annexed Protocols to which Singapore has agreed to be bound to all armed conflicts involving regular armed forces of States referred to in article 2 common to the Geneva Conventions of 12 August 1949, as well as to all armed conflicts referred to in article 3 common to the Geneva Conventions of 12 August 1949. The application of this Convention will have no effect on the legal status of the parties to a conflict. Article 7(4) of the Convention shall not apply with respect to Singapore. With respect to Protocol I to the Convention, it is the understanding of the Government of Singapore that the use of plastics or similar materials for detonators or other weapons parts not designed to cause injury is not prohibited. It is the understanding of the Government of Singapore that the compliance of commanders and others responsible for planning, deciding upon, or executing attacks to which the Convention and its annexed Protocols apply cannot be judged on the basis of information which subsequently comes to light, but must be assessed on the basis of the information available to them at the time that such actions were taken.”

text: Geneva Conventions

text: Geneva Conventions, article 2

text: Geneva Conventions

text: Geneva Conventions, article 2

text: Geneva Conventions

text: Geneva Conventions, article 2

text: Geneva Conventions

text: Geneva Conventions, article 2

text: Additional Protocol I

text: Additional Protocol I, article 1

text: Additional Protocol I, article 96

text: The High Contracting Parties,

text: ' 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.

text: ' Further recalling ' the general principle of the protection of the civilian population against the effects of hostilities,

text: ' 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,

text: ' 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,

text: ' 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,

text: ' 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,

text: ' Recognizing ' the importance of pursuing every effort which may contribute to progress towards general and complete disarmament under strict and effective international control,

text: ' Reaffirming ' the need to continue the codification and progressive development of the rules of international law applicable in armed conflict,

text: ' 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,

text: ' Emphasizing ' the desirability that all States become parties to this Convention and its annexed Protocols, especially the militarily significant States,

text: ' 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,

text: ' 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,

text: Have agreed as follows:

text: Preamble

text: 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

text: Article 1

text: of

text: Additional Protocol I

text: to these Conventions.

text: Link to Article 1 , as amended 21 December 2001

text: Article 1 - Scope of application

text: 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.

text: Article 2 - Relations with other international agreements

text: 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.

text: Article 3 - Signature

text: 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.

text: 2. The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.

text: 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.

text: 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.

text: 5. Any Protocol by which a High Contracting Party is bound shall for that Party form an integral part of this Convention.

text: Article 4 - Ratification, acceptance, approval or accession

text: 1. This Convention shall enter into force six months after the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession.

text: 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.

text: 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.

text: 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.

text: Article 5 - Entry into force

text: 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.

text: Article 6 - Dissemination

text: 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.

text: 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.

text: 3. The Depositary shall immediately inform the High Contracting Parties concerned of any notification received under paragraph 2 of this Article.

text: 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

text: Article 1

text: , paragraph 4 , of

text: Additional Protocol I

text: 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

text: Additional Protocol I

text: and an authority referred to in

text: Article 96

text: , paragraph 3 , of that Protocol has undertaken to apply the Geneva Conventions and

text: Additional Protocol I

text: in accordance with

text: Article 96

text: , 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

text: Additional Protocol I

text: 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

text: have in relation to that conflict the following effects:

text: (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;

text: (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

text: (iii) the Geneva Conventions, this Convention and its relevant annexed Protocols are equally binding upon all parties to the conflict.

text: The High Contracting Party and the authority may also agree to accept and apply the obligations of

text: Additional Protocol I

text: to the Geneva Conventions on a reciprocal basis.

text: Article 7 - Treaty relations upon entry into force of this Convention

text: 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.

text: 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.

text: 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.

text: Article 8 - Review and amendments

text: 1. Any High Contracting Party may denounce this Convention or any of its annexed Protocols by so notifying the Depositary.

text: 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.

text: 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.

text: 4. Any denunciation shall have effect only in respect of the denouncing High Contracting Party.

text: 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.

text: Article 9 - Denunciation

text: 1. The Secretary-General of the United Nations shall be the Depositary of this Convention and of its annexed Protocols.

text: 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.

text: Article 10 - Depositary

text: 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.

text: (Here follow signatures)

text: Article 11 - Authentic texts

summary: The Convention is an umbrella covering the Protocols and containing only general provisions. It contains no provisions explicitly prohibiting the use of specific weapons. Provisions on the prohibition or restrictions on the use of certain weapons are the object of the Protocols annexed to the Convention. According to the Convention, only States which express their consent to be bound by at least two of these Protocols at the time of deposition of its instrument of ratification, acceptance or approval, or of accession (Article 4, paragraph 3 of the Convention) may be bound by the Convention. The Convention was open for signature by all States at the New York headquarters of the United Nations for a 12 month period beginning on 10 April 1981 (Article 3 of the Convention). For further details, see the introductory note to the Final Act of the United Nations Conference of 1980 [ Link ] . D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, pp.179-184.


doctype: protocol

identifier: CCW Protocol (I) on Non-Detectable Fragments, 1980

title: Protocol on Non-Detectable Fragments (Protocol I). Geneva, 10 October 1980.

country: Italy

country: Norway

country: Germany

country: Spain

country: Mali

country: Sri Lanka

country: Hungary

country: Argentina

reservation: The Argentine Republic makes the express reservation that any references to the 1977 Protocols Additional to the Geneva Conventions of 1949 that are contained in the [said Convention and its Protocols I, II and III] shall be interpreted in the light of the interpretative declarations in the instrument of accession of the Argentine Republic to the aforementioned additional Protocols of 1977. SOURCE: United Nations, C.N.359.TREATIES-5

country: Republic of Moldova

country: Lao People's Democratic Republic

country: Holy See

reservation: Declaration: "The Holy See, as a signatory of the [said Convention and annexed Protocols], in keeping with its proper nature and with the particular condition of Vatican City State, intends to renew its encouragement to the International Community to continue on the path it has taken for the reduction of human suffering caused by armed conflict. Every step in this direction contributes to increasing awareness that war and the cruelty of war must be done away with in order to resolve tensions by dialogue and negotiation, and also by ensuring that international law is respected. The Holy See, while maintaining that the above-mentioned Convention and Protocols constitute an important instrument for humanitarian international law, reiterates the objective hoped for by many parties: an agreement that would totally ban anti-personnel mines, the effects of which are tragically well-known. In this regard, the Holy See considers that the modifications made so far in the second Protocol are insufficient and inadequate. It wishes, by means of its own accession to the Convention, to offer support to every effort aimed at effectively banning anti-personnel mines, in the conviction that all possible means must be used in order to build a safer and more fraternal world

country: Jordan

country: Ecuador

country: Qatar

country: Luxembourg

country: Djibouti

country: Benin

country: Antigua and Barbuda

country: Bosnia and Herzegovina

action: succession

country: Philippines

country: Venezuela

country: Maldives

country: Brazil

country: Kazakhstan

country: Russian Federation

country: Sierra Leone

country: Nicaragua

country: Portugal

country: Slovakia

country: Slovenia

reservation: Upon signature: "The Government of the United Kingdom of Great Britain and Northern Ireland will give further consideration to certain provisions of the Convention, particularly in relation to the provisions of Protocol I additional to the Geneva Conventions of 12 August 1949, and may wish to make formal declarations in relation to these provisions at the time of ratification." Upon ratification: (a) Generally (i) The term "armed conflict" of itself and in its context denotes a situation of a kind which is not constituted by the com- mission of ordinary crimes, including acts of terrorism, whether concerted or in isolation. (ii) The United Kingdom will not, in relation to any situation in which it is involved, consider itself bound in consequence of any declaration purporting to be made for the purposes of article 7 (4), unless the United Kingdom shall have expressly recognised that it has been made by a body which is genuinely an authority representing a people engaged in an armed conflict of the type to which that paragraph applies. (iii) The terms "civilian" and "civilian population" have the same meaning as in article 50 of the 1st Additional Protocol of 1977 to the 1949 Geneva Conventions. Civilians shall enjoy the protection afforded by this Convention unless and for such time as they take a direct part in hostilities. (iv) Military commanders and others responsible for planning, deciding upon, or executing attacks necessarily have to reach decisions on the basis of their assessment of the information from all sources which is reasonably available to them at the relevant time. (b) Re: Protocol II, article 2; and Protocol III, article 1 A specific area of land may be a military objective if, because of its location or other reasons specified in this article, its total or partial destruction, capture or neutralisation in the circumstances ruling at the time offers a definite military advantage. (c) Re: Protocol II, article 3 In the view of the United Kingdom, the military advantage anticipated from an attack is intended to refer to the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of the attack. (d) Re: Protocol III, article 2 The United Kingdom accepts the provisions of article 2 (2) and (3) on the understanding that the terms of those paragraphs of that article do not imply that the air-delivery of incendiary weapons, or of any other weapons, projectiles or munitions, is less accurate or less capable of being carried out discriminately than all or any other means of delivery

reservation: (a) With reference to the scope of application defined in article 1 of the Convention, the Government of the State of Israel will apply the provisions of the Convention and those annexed Protocols to which Israel has agreed become bound to all armed conflicts involving regular armed forces of States referred to in article 2 common to the General Conventions of 12 August 1949, as well as to all armed conflicts referred to in article 3 common to the Geneva Conventions of 12 August 1949. (b) Article 7, paragraph 4 of the Convention will have no effect. (c) The application of this Convention will have no effect on the legal status of the parties to a conflict. Understandings: (a) It is the understanding of the Government of the State of Israel that the compliance of commanders and others responsible for planning, deciding upon, or executing attacks to which the Convention and its Protocols apply, cannot be judged on the basis of information which subsequently come to light, but must be assessed on the basis of the information available to them at the time that such actions were taken. (b) With respect to Protocol I, it is the understanding of the Government of Israel that the use of plastics or similar materials for detonators or other weapon parts not designed to cause injury is not prohibited. (c) With respect to Protocol I, it is the understanding of the Government of Israel that: (i) Any obligation to record the location of remotely delivered mines pursuant to sub-paragraph 1 (a) of article 5 refers to the location of mine fields and not to the location of individual remotely delivered mines; (ii) the term pre-planned, as used in sub-paragraph 1 (a) of article 7 means that the position of the minefield in question should have been determined in advance so that an accurate record of the location of the minefield, when laid, can be made. C.N.104.1995.TREATIES-2 (Depositary Notification)

text: 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.

text: Protocol

summary: The need of additional conventions prohibiting or limiting the use of certain methods and means of warfare was emphasized in the resolutions of the International Red Cross Conference of 1965 and of the International Conference on Human Rights of 1968 as well as in Resolution 2444 (XXIII) of the United Nations General Assembly of 1968. At the conferences of government experts convened by the International Committee of the Red Cross in 1971 and 1972 to prepare the protocols additional to the Geneva Conventions and at the Diplomatic Conference of 1974-1977 the opinion prevailed that an agreement on conventional weapons should be attempted, leaving aside weapons of mass destruction. Encouraged by the Diplomatic Conference, the ICRC convened two conferences of government experts on the use of certain conventional weapons which met at Lucerne in 1974 and at Lugano in 1976. The Diplomatic Conference, on 9 June 1977, adopted Resolution 22 (IV) which recommended that a conference of governments be convened not later that 1979 with a view to reaching agreements on prohibitions or restrictions of the use of specific conventional weapons. The U.N. General Assembly endorsed this recommendation and the Conference took place in Geneva from 10 to 28 September 1979 and from 15 September to 10 October 1980. The Convention and the three Protocols annexed to it were adopted by consensus on 10 October 1980 and opened for signature on 10 April 1981. The first Review Conference of States Parties to this Convention convened in Vienna from 25.9.1995 to 13.10.1995 and held subsequent sessions in Geneva from 15-19.1.1996 and 22.4.1996 to 3.5.1996. The review Conference adopted on 13.10.1995 a new Protocol IV prohibiting the use and transfer of blinding laser weapons and on 3 May 1996 adopted an amended version of Protocol II on mines, booby traps and other devices. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers, 1988, p.185.