identifier: Convention on Cluster Munitions, 2008

languages: English Arabic Chinese Spanish French Russian

reference: Convention on Cluster Munitions, 2008

title: Convention on Cluster Munitions, 30 May 2008

country: Antigua and Barbuda

action: signature

country: Benin

country: Fiji

country: Norway

reservation: “Pursuant to Article 18 of the Convention, the Government of the Kingdom of Norway declares that it will apply provisionally Article I of this Convention pending its entry into force for Norway.”

country: Albania

country: Netherlands

country: El Salvador

country: South Africa

country: Haiti

country: Palau

country: Senegal

country: Dominican Republic

country: Madagascar

country: Djibouti

country: Uruguay

country: Nicaragua

country: Nigeria

country: Republic of Moldova

country: Sierra Leone

country: Iceland

country: Portugal

country: Cook Islands

reservation: Declarations made upon ratification (Translation) (Original: Spanish): In 2009, the Government of the Republic of Colombia destroyed all its stockpiles of cluster munitions. Given the existence of an internal armed conflict, it is possible that there remain, in national territory, cluster munitions or cluster munition remnants of whose location the State has no knowledge or suspicion,. In the light of the above, the Republic of Colombia makes the following declarations regarding articles 4 and 10 of the Convention: Regarding article 4, and in connection with the particular circumstances of its internal armed conflict, the Republic of Colombia understands ‘cluster munition remnants’ to mean those whose location is known or suspected by the State. Regarding article 10 of the Convention, the Republic of Colombia declares that the contents of paragraph 1 thereof do not imply any recognition of or mandatory or automatic subjection of any dispute to the jurisdiction of the International Court of Justice, but instead refer to the discretionary power of each State party to submit matters related to the interpretation or application of the Convention on Cluster Munitions to such jurisdiction, provided that each State has expressly so agreed in each case.

reservation: Territorial Exclusion (Original: English) “Until further notice, the Convention shall not apply to the Faroe Islands.”

reservation: Declarations (Original: English) “In ratifying the Convention on Cluster Munitions the Holy See desires to encourage the entire International Community to be resolute in promoting effective disarmament and arms control negotiations and in strengthening international humanitarian law by reaffirming the preeminent and inherent value of human dignity, the centrality of the human person, and the “elementary considerations of humanity”, all of which are elements that constitute the basis of international humanitarian law. The Holy See considers the Convention on Cluster Munitions an important step in the protection of civilians during and after conflicts from the indiscriminate effects of this inhumane type of weapons. The new Convention is a remarkable achievement for multilateralism in disarmament, based on constructive cooperation between governmental and non governmental actors, and on the link between humanitarian law and human rights. The Holy See would like to underline the following points: 1. The Convention adopts a broad definition of cluster munitions victims, including persons directly impacted, their families and communities, and requests States Parties to provide them with assistance. The Holy See is mindful that this broader assistance must be respectful of the right to life from the moment of conception to natural death, in order to conform to the fundamental principles of respect for human life, and ensure the recognition of human dignity. Preserving life and creating the conditions of an existence worthy of the human person should be at the core of humanitarian assistance. 2. States Parties, in designating a focal point within government (art.5.2(g)), will have to guarantee that the coordination of national disability, development and human rights frameworks andmechanisms ensures effective assistance to all victims. In this regard, the Holy See also wishes to restate its understanding and interpretation of article 5.2 ( c), where the Convention recognizes “the specific role and contribution of relevant actors”: when a State Party develops a national plan and budget to carry out assistance activities according to the Convention “with a view to incorporating them within the existing national disability, development and human rights frameworks and mechanisms”, it shall guarantee the pluralism that is inherent in any democratic society and the diversity of relevant non governmental actors. This respectful form of coordination of the various activities of governmental and non governmental actors is in line with the Preamble (PP 10) (see also Dublin Diplomatic Conference for the adoption of a Convention on Cluster Munitions, Summary Record, CCM/SR/4, 18 June 2008). 3. The Holy See, by ratifying the Convention on Cluster Munitions, understands the term “gender”, used in the Preamble (PP 8) and in articles 5.1, 6.7 and 7.1 (k) of the Convention, in accordance with its Interpretative Statement to the Beijing Declaration and Platform for Action, made in Beijing at the Fourth World Conference on Women. 4. Article 4.4 highlights moral responsibility in cases where cluster munitions have been used or abandoned and have became cluster munitions remnants prior to the entry into force of the Convention. State responsibility should be given effective expression in the area of cooperation and assistance. 5. In relation to Article 21, joint military operations do not imply, in any way, a suspension of the obligations under the Convention. “States Parties, their military personnel or nationals” shall never engage in activities prohibited by the Convention. On the contrary, joint military operations should be opportunities for States Parties to promote the standards introduced by the new instrument with the objective to protect civilians during and after armed conflicts. The Holy See recognizes the spirit of partnership between States, United Nations bodies, International Organizations, the International Committee of the Red Cross and civil society which, through collective action, has sustained the process which has led to the adoption of the Convention. The Holy See considers the implementation of the Convention as a legal and humanitarian challenge for the near future. An effective implementation should be based on constructive cooperation of all governmental and non governmental actors and should reinforce the link between disarmament and development. This can be done by directing human and material resources towards development, justice and peace, which are the most effective means to promote international security and a peaceful international order. In conformity with its proper nature, with its particular mission, and with the particular condition of Vatican City State, and according to its international practice, the Holy See, by means of the solemn act of ratification, expresses its pledge to work towards a peaceful international order in which human dignity and fundamental rights are fully respected.”

reservation: Declaration: (Translation) (Original: French) Switzerland will apply provisionally Article 1 (1) a) of the Convention pending its entry into force for Switzerland.

country: United Kingdom of Great Britain and Northern Ireland

reservation: Declaration of territorial application made on 21.02.2014 (Original:English): “… the Government of the United Kingdom of Great Britain and Northern Ireland wishes the United Kingdom’s Ratification of the Convention to be extended to the territory of the Isle of Man for whose international relations the United Kingdom is responsible. The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the aforesaid Convention to the Isle of Man to take effect on the date that this notification is received for deposit …”

reservation: Declaration of provisional application made upon accession (original: English): “The Government of Belize will provisionally apply article 1 of the Convention on Cluster Munitions, pending its entry into force.”

reservation: In accordance with paragraph 3 of article 20 of the Convention on Cluster Munitions: the Republic of Lithuania notified the Secretary-General of the United Nations of its decision to withdraw from the Convention on Cluster Munitions on 6 September 2024; the withdrawal took effect on 6 March 2025. Paragraph 3 of article 20 reads as follows: “3. Such withdrawal shall only take effect six months after the receipt of the instrument of withdrawal by the Depositary. If, however, on the expiry of that six-month period, the withdrawing State Party is engaged in an armed conflict, the withdrawal shall not take effect before the end of the armed conflict.”

text: Convention on the Rights of Persons with Disabilities

text: The States Parties to this Convention,

text: Deeply concerned that civilian populations and individual civilians continue to bear the brunt of armed conflict,

text: Determined to put an end for all time to the suffering and casualties caused by cluster munitions at the time of their use, when they fail to function as intended or when they are abandoned,

text: Concerned that cluster munition remnants kill or maim civilians, including women and children, obstruct economic and social development, including through the loss of livelihood, impede post-conflict rehabilitation and reconstruction, delay or prevent the return of refugees and internally displaced persons, can negatively impact on national and international peace-building and humanitarian assistance efforts, and have other severe consequences that can persist for many years after use,

text: Deeply concerned also at the dangers presented by the large national stockpiles of cluster munitions retained for operational use and determined to ensure their rapid destruction,

text: Believing it necessary to contribute effectively in an efficient, coordinated manner to resolving the challenge of removing cluster munition remnants located throughout the world, and to ensure their destruction,

text: Determined also to ensure the full realisation of the rights of all cluster munition victims and recognising their inherent dignity,

text: Resolved to do their utmost in providing assistance to cluster munition victims, including medical care, rehabilitation and psychological support, as well as providing for their social and economic inclusion,

text: Recognising the need to provide age- and gender-sensitive assistance to cluster munition victims and to address the special needs of vulnerable groups,

text: Bearing in mind the

text: which, inter alia, requires that States Parties to that Convention undertake to ensure and promote the full realisation of all human rights and fundamental freedoms of all persons with disabilities without discrimination of any kind on the basis of disability,

text: Mindful of the need to coordinate adequately efforts undertaken in various fora to address the rights and needs of victims of various types of weapons, and resolved to avoid discrimination among victims of various types of weapons,

text: Reaffirming that in cases not covered by this Convention or by other international agreements, civilians and combatants 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: Resolved also that armed groups distinct from the armed forces of a State shall not, under any circumstances, be permitted to engage in any activity prohibited to a State Party to this Convention,

text: Welcoming the very broad international support for the international norm prohibiting anti-personnel mines, enshrined in the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction,

text: Welcoming also the adoption of the Protocol on Explosive Remnants of War, annexed 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, and its entry into force on 12 November 2006, and wishing to enhance the protection of civilians from the effects of cluster munition remnants in post-conflict environments,

text: Bearing in mind also United Nations Security Council Resolution 1325 on women, peace and security and United Nations Security Council Resolution 1612 on children in armed conflict,

text: Welcoming further the steps taken nationally, regionally and globally in recent years aimed at prohibiting, restricting or suspending the use, stockpiling, production and transfer of cluster munitions,

text: Stressing the role of public conscience in furthering the principles of humanity as evidenced by the global call for an end to civilian suffering caused by cluster munitions and recognising the efforts to that end undertaken by the United Nations, the International Committee of the Red Cross, the Cluster Munition Coalition and numerous other non-governmental organisations around the world,

text: Reaffirming the Declaration of the Oslo Conference on Cluster Munitions, by which, inter alia, States recognised the grave consequences caused by the use of cluster munitions and committed themselves to conclude by 2008 a legally binding instrument that would prohibit the use, production, transfer and stockpiling of cluster munitions that cause unacceptable harm to civilians, and would establish a framework for cooperation and assistance that ensures adequate provision of care and rehabilitation for victims, clearance of contaminated areas, risk reduction education and destruction of stockpiles,

text: Emphasising the desirability of attracting the adherence of all States to this Convention, and determined to work strenuously towards the promotion of its universalisation and its full implementation,

text: Basing themselves on the principles and rules of international humanitarian law, in particular the principle that the right of parties to an armed conflict to choose methods or means of warfare is not unlimited, and the rules that the parties to a conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly direct their operations against military objectives only, that in the conduct of military operations constant care shall be taken to spare the civilian population, civilians and civilian objects and that the civilian population and individual civilians enjoy general protection against dangers arising from military operations,

text: HAVE AGREED as follows:

text: Preamble

text: 1. Each State Party undertakes never under any circumstances to:

text: (a) Use cluster munitions;

text: (b) Develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions;

text: (c) Assist, encourage or induce anyone to engage in any activity prohibited to a State Party under this Convention.

text: 2. Paragraph 1 of this Article applies, mutatis mutandis, to explosive bomblets that are specifically designed to be dispersed or released from dispensers affixed to aircraft.

text: 3. This Convention does not apply to mines.

text: Article 1 - General obligations and scope of application

text: For the purposes of this Convention:

text: 1. “Cluster munition victims” means allpersons who have been killed orsuffered physical or psychological injury, economic loss, social marginalisation or substantial impairment of the realisation of their rights caused by the use of cluster munitions. They include those persons directly impacted by cluster munitions as well as their affectedfamilies and communities;

text: 2. “Cluster munition” means a conventional munition that is designed to disperse or release explosive submunitions each weighing less than 20 kilograms, and includes those explosive submunitions. It does not mean the following:

text: (a) A munition or submunition designed to dispense flares, smoke, pyrotechnics or chaff; or a munition designed exclusively for an air defence role;

text: (b) A munition or submunition designed to produce electrical or electronic effects;

text: (c) A munition that, in order to avoid indiscriminate area effects and the risks posed by unexploded submunitions, has all of the following characteristics:

text: (i) Each munition contains fewer than ten explosive submunitions;

text: (ii) Each explosive submunition weighs more than four kilograms;

text: (iii) Each explosive submunition is designed to detect and engage a single target object;

text: (iv) Each explosive submunition is equipped with an electronic self-destruction mechanism;

text: (v) Each explosive submunition is equipped with an electronic self-deactivating feature;

text: 3. “Explosive submunition” means a conventional munition that in order to perform its task is dispersed or released by a cluster munition and is designed to function by detonating an explosive charge prior to, on or after impact;

text: 4.“Failed cluster munition” means a cluster munition that has been fired, dropped, launched, projected or otherwise delivered and which should have dispersed or released its explosive submunitions but failed to do so;

text: 5. “Unexploded submunition” means an explosive submunition that has been dispersed or released by, or otherwise separated from, a cluster munition and has failed to explode as intended;

text: 6. “Abandoned cluster munitions” means cluster munitions or explosive submunitions that have not been used and that have been left behind or dumped, and that are no longer under the control of the party that left them behind or dumped them. They may or may not have been prepared for use;

text: 7. “Cluster munition remnants” means failed cluster munitions, abandoned cluster munitions, unexploded submunitions and unexploded bomblets;

text: 8. “Transfer” involves, in addition to the physical movement of cluster munitions into or from national territory, the transfer of title to and control over cluster munitions, but does not involve the transfer of territory containing cluster munition remnants;

text: 9. “Self-destruction mechanism” means an incorporated automatically-functioning mechanism which is in addition to the primary initiating mechanism of the munition and which secures the destruction of the munition into which it is incorporated;

text: 10. “Self-deactivating” means automatically rendering a munition inoperable by means of the irreversible exhaustion of a component, for example a battery, that is essential to the operation of the munition;

text: 11. “Cluster munition contaminated area” means an area known or suspected to contain cluster munition remnants;

text: 12. “Mine” means a munition designed to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle;

text: 13. “Explosive bomblet” means a conventional munition, weighing less than 20 kilograms, which is not self-propelled and which, in order to perform its task, is dispersed or released by a dispenser, and is designed to function by detonating an explosive charge prior to, on or after impact;

text: 14. “Dispenser” means a container that is designed to disperse or release explosive bomblets and which is affixed to an aircraft at the time of dispersal or release;

text: 15. “Unexploded bomblet” means an explosive bomblet that has been dispersed, released or otherwise separated from a dispenser and has failed to explode as intended.

text: Article 2 - Definitions

text: 1. Each State Party shall, in accordance with national regulations, separate all cluster munitions under its jurisdiction and control from munitions retained for operational use and mark them for the purpose of destruction.

text: 2. Each State Party undertakes to destroy or ensure the destruction of all cluster munitions referred to in paragraph 1 of this Article as soon as possible but not later than eight years after the entry into force of this Convention for that State Party. Each State Party undertakes to ensure that destruction methods comply with applicable international standards for protecting public health and the environment.

text: 3. If a State Party believes that it will be unable to destroy or ensure the destruction of all cluster munitions referred to in paragraph 1 of this Article within eight years of entry into force of this Convention for that State Party it may submit a request to a Meeting of States Parties or a Review Conference for an extension of the deadline for completing the destruction of such cluster munitions by a period of up to four years. A State Party may, in exceptional circumstances, request additional extensions of up to four years. The requested extensions shall not exceed the number of years strictly necessary for that State Party to complete its obligations under paragraph 2 of this Article.

text: 4. Each request for an extension shall set out:

text: (a) The duration of the proposed extension;

text: (b) A detailed explanation of the proposed extension, including the financial and technical means available to or required by the State Party for the destruction of all cluster munitions referred to in paragraph 1 of this Article and, where applicable, the exceptional circumstances justifying it;

text: (c) A plan for how and when stockpile destruction will be completed;

text: (d) The quantity and type of cluster munitions and explosive submunitions held at the entry into force of this Convention for that State Party and any additional cluster munitions or explosive submunitions discovered after such entry into force;

text: (e) The quantity and type of cluster munitions and explosive submunitions destroyed during the period referred to in paragraph 2 of this Article; and

text: (f) The quantity and type of cluster munitions and explosive submunitions remaining to be destroyed during the proposed extension and the annual destruction rate expected to be achieved.

text: 5. The Meeting of States Parties or the Review Conference shall, taking into consideration the factors referred to in paragraph 4 of this Article, assess the request and decide by a majority of votes of States Parties present and voting whether to grant the request for an extension. The States Parties may decide to grant a shorter extension than that requested and may propose benchmarks for the extension, as appropriate. A request for an extension shall be submitted a minimum of nine months prior to the Meeting of States Parties or the Review Conference at which it is to be considered.

text: 6. Notwithstanding the provisions of Article 1 of this Convention, the retention or acquisition of a limited number of cluster munitions and explosive submunitions for the development of and training in cluster munition and explosive submunition detection, clearance or destruction techniques, or for the development of cluster munition counter-measures, is permitted. The amount of explosive submunitions retained or acquired shall not exceed the minimum number absolutely necessary for these purposes.

text: 7. Notwithstanding the provisions of Article 1 of this Convention, the transfer of cluster munitions to another State Party for the purpose of destruction, as well as for the purposes described in paragraph 6 of this Article, is permitted.

text: 8. States Parties retaining, acquiring or transferring cluster munitions or explosive submunitions for the purposes described in paragraphs 6 and 7 of this Article shall submit a detailed report on the planned and actual use of these cluster munitions and explosive submunitions and their type, quantity and lot numbers. If cluster munitions or explosive submunitions are transferred to another State Party for these purposes, the report shall include reference to the receiving party. Such a report shall be prepared for each year during which a State Party retained, acquired or transferred cluster munitions or explosive submunitions and shall be submitted to the Secretary-General of the United Nations no later than 30 April of the following year.

text: Article 3 - Storage and stockpile destruction

text: 1. Each State Party undertakes to clear and destroy, or ensure the clearance and destruction of, cluster munition remnants located in cluster munition contaminated areas under its jurisdiction or control, as follows:

text: (a) Where cluster munition remnants are located in areas under its jurisdiction or control at the date of entry into force of this Convention for that State Party, such clearance and destruction shall be completed as soon as possible but not later than ten years from that date;

text: (b)Where, after entry into force of this Convention for that State Party, cluster munitions have become cluster munition remnants located in areas under its jurisdiction or control, such clearance and destruction must be completed as soon as possible but not later than ten years after the end of the active hostilities during which such cluster munitions became cluster munition remnants; and

text: (c) Upon fulfilling either of its obligations set out in sub-paragraphs (a) and (b) of this paragraph, that State Party shall make a declaration of compliance to the next Meeting of States Parties.

text: 2.In fulfilling its obligations under paragraph 1 of this Article, each State Party shall take the following measures as soon as possible, taking into consideration the provisions of Article 6 of this Convention regarding international cooperation and assistance:

text: (a) Survey, assess and record the threat posed by cluster munition remnants, making every effort to identify all cluster munition contaminated areas under its jurisdiction or control;

text: (b) Assess and prioritise needs in terms of marking, protection of civilians, clearance and destruction, and take steps to mobilise resources and develop a national plan to carry out these activities, building, where appropriate, upon existing structures, experiences and methodologies;

text: (c) Take all feasible steps to ensure that all cluster munition contaminated areas under its jurisdiction or control are perimeter-marked, monitored and protected by fencing or other means to ensure the effective exclusion of civilians. Warning signs based on methods of marking readily recognisable by the affected community should be utilised in the marking of suspected hazardous areas. Signs and other hazardous area boundary markers should, as far as possible, be visible, legible, durable and resistant to environmental effects and should clearly identify which side of the marked boundary is considered to be within the cluster munition contaminated areas and which side is considered to be safe;

text: (d) Clear and destroy all cluster munition remnants located in areas under its jurisdiction or control; and

text: (e) Conduct risk reduction education to ensure awareness amongcivilians living in or around cluster munition contaminated areas of the risks posed by such remnants.

text: 3. In conducting the activities referred to in paragraph 2 of this Article, each State Party shall take into account international standards, including the International Mine Action Standards (IMAS).

text: 4.This paragraph shall apply in cases in which cluster munitions have been used or abandoned by one State Party prior to entry into force of this Convention for that State Party and have become cluster munition remnants that are located in areas under the jurisdiction or control of another State Party at the time of entry into force of this Convention for the latter.

text: (a) In such cases, upon entry into force of this Convention for both States Parties, the former State Party is strongly encouraged to provide, inter alia, technical, financial, material or human resources assistance to the latter State Party, either bilaterally or through a mutually agreed third party, including through the United Nations system or other relevant organisations, to facilitate the marking, clearance and destruction of such cluster munition remnants.

text: (b) Such assistance shall include, where available, information on types and quantities of the cluster munitions used, precise locations of cluster munition strikes and areas in which cluster munition remnants are known to be located.

text: 5. If a State Party believes that it will be unable to clear and destroy or ensure the clearance and destruction of all cluster munition remnants referred to in paragraph 1 of this Article within ten years of the entry into force of this Convention for that State Party, it may submit a request to a Meeting of States Parties or a Review Conference for an extension of the deadline for completing the clearance and destruction of such cluster munition remnants by a period of up to five years. The requested extension shall not exceed the number of years strictly necessary for that State Party to complete its obligations under paragraph 1 of this Article.

text: 6. A request for an extension shallbe submitted to a Meeting of States Parties or a Review Conference prior to the expiry of the time period referred to in paragraph 1 of this Article for that State Party. Each request shall be submitted a minimum of nine months prior to the Meeting of States Parties or Review Conference at which it is to be considered. Each request shall set out:

text: (b) A detailed explanation of the reasons for the proposed extension, including the financial and technical means available to and required by the State Party for the clearance and destruction of all cluster munition remnants during the proposed extension;

text: (c) The preparation of future work and the status of work already conducted under national clearance and demining programmes during the initial ten year period referred to in paragraph 1 of this Article and any subsequent extensions;

text: (d) The total area containing cluster munition remnants at the time of entry into force of this Convention for that State Party and any additional areas containing cluster munition remnants discovered after such entry into force;

text: (e) The total area containing cluster munition remnants cleared since entry into force of this Convention;

text: (f) The total area containing cluster munition remnants remaining to be cleared during the proposed extension;

text: (g) The circumstances that have impeded the ability of the State Party to destroy all cluster munition remnants located in areas under its jurisdiction or control during the initial ten year period referred to in paragraph 1 of this Article, and those that may impede this ability during the proposed extension;

text: (h) The humanitarian, social, economic and environmental implications of the proposed extension; and

text: (i) Any other information relevant to the request for the proposed extension.

text: 7. The Meeting of States Parties or the Review Conference shall, taking into consideration the factors referred to in paragraph 6 of this Article, including, inter alia, the quantities of cluster munition remnants reported, assess the request and decide by a majority of votes of States Parties present and voting whether to grant the request for an extension. The States Parties may decide to grant a shorter extension than that requested and may propose benchmarks for the extension, as appropriate.

text: 8. Such an extension may be renewed by a period of up to five years upon the submission of a new request, in accordance with paragraphs 5, 6 and 7 of this Article. In requesting a further extension a State Party shall submit relevant additional information on what has been undertaken during the previous extension granted pursuant to this Article.

text: Article 4 - Clearance and destruction of cluster munitions remnants and risk reduction education

text: 1. Each State Party with respect to cluster munition victims in areas under its jurisdiction or control shall, in accordance with applicable international humanitarian and human rights law, adequately provide age- and gender-sensitive assistance, including medical care, rehabilitation and psychological support, as well as provide for their social and economic inclusion. Each State Party shall make every effort to collect reliable relevant data with respect to cluster munition victims.

text: 2. In fulfilling its obligations under paragraph 1 of this Article each State Party shall:

text: (a) Assess the needs of cluster munition victims;

text: (b) Develop, implement and enforce any necessary national laws and policies;

text: (c) Develop a national plan and budget, including timeframes to carry out these activities, with a view to incorporating them within the existing national disability, development and human rights frameworks and mechanisms, while respecting the specific role and contribution of relevant actors;

text: (d) Take steps to mobilise national and international resources;

text: (e) Not discriminate against or among cluster munition victims, or between cluster munition victims and those who have suffered injuries or disabilities from other causes; differences in treatment should be based only on medical, rehabilitative, psychological or socio-economic needs;

text: (f) Closely consult with and actively involve cluster munition victims and their representative organisations;

text: (g) Designate a focal point within the government for coordination of matters relating to the implementation of this Article; and

text: (h) Strive to incorporate relevant guidelines and good practices including in the areas of medical care, rehabilitation and psychological support, as well as social and economic inclusion.

text: Article 5 - Victim assistance

text: 1. In fulfilling its obligations under this Convention each State Party has the right to seek and receive assistance.

text: 2. Each State Party in a position to do so shall provide technical, material and financial assistance to States Parties affected by cluster munitions, aimed at the implementation of the obligations of this Convention. Such assistance may be provided, inter alia, through the United Nations system, international, regional or national organisations or institutions, non-governmental organisations or institutions, or on a bilateral basis.

text: 3. Each State Party undertakes to facilitate and shall have the right to participate in the fullest possible exchange of equipment and scientific and technological information concerning the implementation of this Convention. The States Parties shall not impose undue restrictions on the provision and receipt of clearance and other such equipment and related technological information for humanitarian purposes.

text: 4. In addition to any obligations it may have pursuant to paragraph 4 of Article 4 of this Convention, each State Party in a position to do so shall provide assistance for clearance and destruction of cluster munition remnants and information concerning various means and technologies related to clearance of cluster munitions, as well as lists of experts, expert agencies or national points of contact on clearance and destruction of cluster munition remnants and related activities.

text: 5. Each State Party in a position to do so shall provide assistance for the destruction of stockpiled cluster munitions, and shall also provide assistance to identify, assess and prioritise needs and practical measures in terms of marking, risk reduction education, protection of civilians and clearance and destruction as provided in Article 4 of this Convention.

text: 6. Where, after entry into force of this Convention, cluster munitions have become cluster munition remnants located in areas under the jurisdiction or control of a State Party, each State Party in a position to do so shall urgently provide emergency assistance to the affected State Party.

text: 7. Each State Party in a position to do so shall provide assistance for the implementation of the obligations referred to in Article 5 of this Convention to adequately provide age- and gender-sensitive assistance, including medical care, rehabilitation and psychological support, as well as provide for social and economic inclusion of cluster munition victims. Such assistance may be provided, inter alia, through the United Nations system, international, regional or national organisations or institutions, the International Committee of the Red Cross, national Red Cross and Red Crescent Societies and their International Federation, non-governmental organisations or on a bilateral basis.

text: 8. Each State Party in a position to do so shall provide assistance to contribute to the economic and social recovery needed as a result of cluster munition use in affected States Parties.

text: 9. Each State Party in a position to do so may contribute to relevant trust funds in order to facilitate the provision of assistance under this Article.

text: 10. Each State Party that seeks and receives assistance shall take all appropriate measures in order to facilitate the timely and effective implementation of this Convention, including facilitation of the entry and exit of personnel, materiel and equipment, in a manner consistent with national laws and regulations, taking into consideration international best practices.

text: 11. Each State Party may, with the purpose of developing a national action plan, request the United Nations system, regional organisations, other States Parties or other competent intergovernmental or non-governmental institutions to assist its authorities to determine, inter alia:

text: (a) The nature and extent of cluster munition remnants located in areas under its jurisdiction or control;

text: (b) The financial, technological and human resources required for the implementation of the plan;

text: (c) The time estimated as necessary to clear and destroy all cluster munition remnants located in areas under its jurisdiction or control;

text: (d) Risk reduction education programmes and awareness activities to reduce the incidence of injuries or deaths caused by cluster munition remnants;

text: (e) Assistance to cluster munition victims; and

text: (f) The coordination relationship between the government of the State Party concerned and the relevant governmental, intergovernmental or non-governmental entities that will work in the implementation of the plan.

text: 12. States Parties giving and receiving assistance under the provisions of this Article shall cooperate with a view to ensuring the full and prompt implementation of agreed assistance programmes.

text: Article 6 - International Cooperation and assistance

text: 1. Each State Party shall report to the Secretary-General of the United Nations as soon as practicable, and in any event not later than 180 days after the entry into force of this Convention for that State Party, on:

text: (a) The national implementation measures referred to in Article 9 of this Convention;

text: (b) The total of all cluster munitions, including explosive submunitions, referred to in paragraph 1 of Article 3 of this Convention, to include a breakdown of their type, quantity and, if possible, lot numbers of each type;

text: (c) The technical characteristics of each type of cluster munition produced by that State Party prior to entry into force of this Convention for it, to the extent known, and those currently owned or possessed by it, giving, where reasonably possible, such categories of information as may facilitate identification and clearance of cluster munitions; at a minimum, this information shall include the dimensions, fusing, explosive content, metallic content, colour photographs and other information that may facilitate the clearance of cluster munition remnants;

text: (d) The status and progressof programmes for the conversion or decommissioning of production facilities for cluster munitions;

text: (e) The status and progress of programmes for the destruction, in accordance with Article 3 of this Convention, of cluster munitions, including explosive submunitions, withdetails of the methods that will be used in destruction, the location of all destruction sites and the applicable safety and environmental standards to be observed;

text: (f) The types and quantities of cluster munitions, including explosive submunitions, destroyed in accordance with Article 3 of this Convention, including details of the methods of destruction used, the location of the destruction sites and the applicable safety and environmental standards observed;

text: (g) Stockpiles of cluster munitions, including explosive submunitions, discovered after reported completion of the programme referred to in sub-paragraph (e) of this paragraph, and plans for their destruction in accordance with Article 3 of this Convention;

text: (h) To the extent possible, the size and location of all cluster munition contaminated areas under its jurisdiction or control, to include as much detail as possible regarding the type and quantity of each type of cluster munition remnant in each such area and when they were used;

text: (i) The status and progress of programmes for the clearance and destruction of all types and quantities of cluster munition remnants cleared and destroyed in accordance with Article 4 of this Convention, to include the size and location of the cluster munition contaminated area cleared and a breakdown of the quantity of each type of cluster munition remnant cleared and destroyed;

text: (j) The measures taken to provide risk reduction education and, in particular, an immediate and effective warning to civilians living in cluster munition contaminated areas under its jurisdiction or control;

text: (k) The status and progress of implementation of its obligations under Article 5 of this Convention to adequately provide age- and gender- sensitive assistance, including medical care, rehabilitation and psychological support, as well as provide for social and economic inclusion of cluster munition victims and to collect reliable relevant data with respect to cluster munition victims;

text: (l) The name and contact details of the institutions mandated to provide information and to carry out the measures described in this paragraph;

text: (m) The amount of national resources, including financial, material or in kind, allocated to the implementation of Articles 3, 4 and 5 of this Convention; and

text: (n) The amounts, types and destinations of international cooperation and assistance provided under Article 6 of this Convention.

text: 2. The information provided in accordance with paragraph 1 of this Article shall be updated by the States Parties annually, covering the previous calendar year, and reported to the Secretary-General of the United Nations not later than 30 April of each year.

text: 3. The Secretary-General of the United Nations shall transmit all such reports received to the States Parties.

text: Article 7 - Transparency measures

text: 1. The States Parties agree to consult and cooperate with each other regarding the implementation of the provisions of this Convention and to work together in a spirit of cooperation to facilitate compliance by States Parties with their obligations under this Convention.

text: 2. If one or more States Parties wish to clarify and seek to resolve questions relating to a matter of compliance with the provisions of this Convention by another State Party, it may submit, through the Secretary-General of the United Nations, a Request for Clarification of that matter to that State Party. Such a request shall be accompanied by all appropriate information. Each State Party shall refrain from unfounded Requests for Clarification, care being taken to avoid abuse. A State Party that receives a Request for Clarification shall provide, through the Secretary-General of the United Nations, within 28 days to the requesting State Party all information that would assist in clarifying the matter.

text: 3. If the requesting State Party does not receive a response through the Secretary-General of the United Nations within that time period, or deems the response to the Request for Clarification to be unsatisfactory, it may submit the matter through the Secretary-General of the United Nations to the next Meeting of States Parties. The Secretary-General of the United Nations shall transmit the submission, accompanied by all appropriate information pertaining to the Request for Clarification, to all States Parties. All such information shall be presented to the requested State Party which shall have the right to respond.

text: 4. Pending the convening of any Meeting of States Parties, any of the States Parties concerned may request the Secretary-General of the United Nations to exercise his or her good offices to facilitate the clarification requested.

text: 5. Where a matter has been submitted to it pursuant to paragraph 3 of this Article, the Meeting of States Parties shall first determine whether to consider that matter further, taking into account all information submitted by the States Parties concerned. If it does so determine, the Meeting of States Parties may suggest to the States Parties concerned ways and means further to clarify or resolve the matter under consideration, including the initiation of appropriate procedures in conformity with international law. In circumstances where the issue at hand is determined to be due to circumstances beyond the control of the requested State Party, the Meeting of States Parties may recommend appropriate measures, including the use of cooperative measures referred to in Article 6 of this Convention.

text: 6. In addition to the procedures provided for in paragraphs 2 to 5 of this Article, the Meeting of States Parties may decide to adopt such other general procedures or specific mechanisms for clarification of compliance, including facts, and resolution of instances of non-compliance with the provisions of this Convention as it deems appropriate.

text: Article 8 - Facilitation and clarification of compliance

text: Each State Party shall takeall appropriate legal, administrative and other measures to implement this Convention, including the imposition of penal sanctions to prevent and suppress any activity prohibited to a State Party under this Convention undertaken by persons or on territory under its jurisdiction or control.

text: Article 9 - National Implementation measures

text: 1. When a dispute arises between two or more States Parties relating to the interpretation or application of this Convention, the States Parties concerned shall consult together with a view to the expeditious settlement of the dispute by negotiation or by other peaceful means of their choice, including recourse to the Meeting of States Parties and referral to the International Court of Justice in conformity with the Statute of the Court.

text: 2. The Meeting of States Parties may contribute to the settlement of the dispute by whatever means it deems appropriate, including offering its good offices, calling upon the States Parties concerned to start the settlement procedure of their choice and recommending a time-limit for any agreed procedure.

text: Article 10 - Settlement of disputes

text: 1. The States Parties shall meet regularly in order to consider and, where necessary, take decisions in respect of any matter with regard to the application or implementation of this Convention, including:

text: (a) The operation and status of this Convention;

text: (b) Matters arising from the reports submitted under the provisions of this Convention;

text: (c) International cooperation and assistance in accordance with Article 6 of this Convention;

text: (d) The development of technologies to clear cluster munition remnants;

text: (e) Submissions of States Parties under Articles 8 and 10 of this Convention; and

text: (f) Submissions of States Parties as provided for in Articles 3 and 4 of this Convention.

text: 2. The first Meeting of States Parties shall be convened by the Secretary-General of the United Nations within one year of entry into force of this Convention. The subsequent meetings shall be convened by the Secretary-General of the United Nations annually until the first Review Conference.

text: 3. States not party to this Convention, as well as the United Nations, other relevant international organisations or institutions, regional organisations, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and relevant non-governmental organisations may be invited to attend these meetings as observers in accordance with the agreed rules of procedure.

text: Article 11 - Meeting of States Parties

text: 1. A Review Conference shall be convened by the Secretary-General of the United Nations five years after the entry into force of this Convention. Further Review Conferences shall be convened by the Secretary-General of the United Nations if so requested by one or more States Parties, provided that the interval between Review Conferences shall in no case be less than five years. All States Parties to this Convention shall be invited to each Review Conference.

text: 2. The purpose of the Review Conference shall be:

text: (a) To review the operation and status of this Convention;

text: (b) To consider the need for and the interval between further Meetings of States Parties referred to in paragraph 2 of Article 11 of this Convention; and

text: (c) To take decisions on submissions of States Parties as provided for in Articles 3 and 4 of this Convention.

text: 3. States not party to this Convention, as well as the United Nations, other relevant international organisations or institutions, regional organisations, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and relevant non-governmental organisations may be invited to attend each Review Conference as observers in accordance with the agreed rules of procedure.

text: Article 12 - Review Conference

text: 1. At any time after its entry into force any State Party may propose amendments to this Convention. Any proposal for an amendment shall be communicated to the Secretary-General of the United Nations, who shall circulate it to all States Parties and shall seek their views on whether an Amendment Conference should be convened to consider the proposal. If a majority of the States Parties notify the Secretary-General of the United Nations no later than 90 days after its circulation that they support further consideration of the proposal, the Secretary-General of the United Nations shall convene an Amendment Conference to which all States Parties shall be invited.

text: 2. States not party to this Convention, as well as the United Nations, other relevant international organisations or institutions, regional organisations, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and relevant non-governmental organisations may be invited to attend each Amendment Conference as observers in accordance with the agreed rules of procedure.

text: 3. The Amendment Conference shall be held immediately following a Meeting of States Parties or a Review Conference unless a majority of the States Parties request that it be held earlier.

text: 4. Any amendment to this Convention shall be adopted by a majority of two-thirds of the States Parties present and voting at the Amendment Conference. The Depositary shall communicate any amendment so adopted to all States.

text: 5. An amendment to this Convention shall enter into force for States Parties that have accepted the amendment on the date of deposit of acceptances by a majority of the States which were Parties at the date of adoption of the amendment. Thereafter it shall enter into force for any remaining State Party on the date of deposit of its instrument of acceptance.

text: Article 13 - Amendments

text: 1. The costs of the Meetings of States Parties, the Review Conferences and the Amendment Conferences shall be borne by the States Parties and States not party to this Convention participating therein, in accordance with the United Nations scale of assessment adjusted appropriately.

text: 2. The costs incurred by the Secretary-General of the United Nations under Articles 7 and 8 of this Convention shall be borne by the States Parties in accordance with the United Nations scale of assessment adjusted appropriately.

text: 3. The performance by the Secretary-General of the United Nations of administrative tasks assigned to him or her under this Convention is subject to an appropriate United Nations mandate.

text: Article 14 - Costs and administrative tasks

text: This Convention, done at Dublin on 30 May 2008, shall be open for signature at Oslo by all States on 3 December 2008 and thereafter at United Nations Headquarters in New York until its entry into force.

text: Article 15 - Signature

text: 1. This Convention is subject to ratification, acceptance or approval by the Signatories.

text: 2. It shall be open for accession by any State that has not signed the Convention.

text: 3. The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.

text: Article 16 - Ratification, acceptance, approval or accession

text: 1. This Convention shall enter into force on the first day of the sixth month after the month in which the thirtieth instrument of ratification, acceptance, approval or accession has been deposited.

text: 2. For any State that deposits its instrument of ratification, acceptance, approval or accession after the date of the deposit of the thirtieth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the sixth month after the date on which that State has deposited its instrument of ratification, acceptance, approval or accession.

text: Article 17 - Entry into force

text: Any State may, at the time of its ratification, acceptance, approval or accession, declare that it will apply provisionally Article 1 of this Convention pending its entry into force for that State.

text: Article 18 - Provisional application

text: The Articles of this Convention shall not be subject to reservations.

text: Article 19 - Reservations

text: 1. This Convention shall be of unlimited duration.

text: 2. Each State Party shall, in exercising its national sovereignty, have the right to withdraw from this Convention. It shall give notice of such withdrawal to all other States Parties, to the Depositary and to the United Nations Security Council. Such instrument of withdrawal shall include a full explanation of the reasons motivating withdrawal.

text: Article 20 - Duration and withdrawal

text: 1. Each State Party shall encourage States not party to this Convention to ratify, accept, approve or accede to this Convention, with the goal of attracting the adherence of all States to this Convention.

text: 2. Each State Party shall notify the governments of all States not party to this Convention, referred to in paragraph 3 of this Article, of its obligations under this Convention, shall promote the norms it establishes and shall make its best efforts to discourage States not party to this Convention from using cluster munitions.

text: 3. Notwithstanding the provisions of Article 1 of this Convention and in accordance with international law, States Parties, their military personnel or nationals, may engage in military cooperation and operations with States not party to this Convention that might engage in activities prohibited to a State Party.

text: 4. Nothing in paragraph 3 of this Article shall authorise a State Party:

text: (a) To develop, produce or otherwise acquire cluster munitions;

text: (b) To itself stockpile or transfer cluster munitions;

text: (c) To itself use cluster munitions; or

text: (d) To expressly request the use of cluster munitions in cases where the choice of munitions used is within its exclusive control.

text: Article 21 - Relations with States not party to this Convention

text: The Secretary-General of the United Nations is hereby designated as the Depositary of this Convention.

text: Article 22 - Depositary

text: The Arabic, Chinese, English, French, Russian and Spanish texts of this Convention shall be equally authentic.

text: Article 23 - Authentic texts

summary: After decades of seeing civilians suffer with each new use of cluster munitions, and in the face of an inadequate response in other fora, Norway launched the "Oslo Process" on cluster munitions in February 2007 by inviting governments supporting the development of new rules on cluster munitions to a conference in Oslo. This Process was open to all States committed to adopting urgently a treaty prohibiting cluster munitions which cause "unacceptable suffering" to civilians. The Final Declaration of the Conference, which was supported by 46 States, established several common goals, including the adoption of a legally binding international instrument prohibiting "cluster munitions that cause unacceptable harm to civilians" by the end of 2008, and the establishment of a framework for cooperation and assistance for the care and rehabilitation of survivors, the clearance of contaminated areas, risk education, and the destruction of prohibited cluster munitions. More than 100 States began to consider these issues in detail during preparatory sessions in Lima, Vienna and Wellington in 2007 and early 2008. Following the last preparatory meeting, States adhered to the Wellington Declaration, confirming their attendance as full participants in negotiations at the Diplomatic Conference held in Dublin, Ireland, in May 2008. After these successful international conferences and various regional meetings in many other parts of the world, 107 States adopted the Convention on Cluster Munitions on May 30, 2008 in Dublin. In addition to States, United Nations agencies, civil society represented through the Cluster Munition Coalition and the ICRC participated in the Diplomatic Conference as observers. Such delegations included clearance operators, former military officers, technical specialists and humanitarian workers. In the view of the ICRC, the Conference found solutions to key issues, which will provide the strongest possible protection for civilians and be effectively implemented by armed forces, including those of States that have been producing, stockpiling or using these weapons. 108 States signed the Convention between 3 December 2008 and 31 July 2010. The Convention entered into force on 1 August 2010.


doctype: treaty

identifier: Amendment to the Statute of the International Criminal Court, amended article 8, 2010

depositary: United Nations

languages: Arabic Chinese English French Russian Spanish

publisher: International Committee of the Red Cross

title: Amendment to the Rome Statute of the International Criminal Court on War Crimes, amended article 8, 10 June 2010

action: accession

country: Netherlands

country: Panama

country: Trinidad and Tobago

country: Liechtenstein

country: Spain

country: Samoa

country: Mauritius

country: Norway

country: Latvia

country: Germany

country: Estonia

country: Poland

country: Costa Rica

country: Austria

country: Belgium

country: Malta

country: Andorra

country: Luxembourg

country: Botswana

country: Czech Republic

action: declaration

reservation: Declaration made upon acceptance (Courtesy Translation) (Original: Czech): The Czech Republic interprets the Amendment to article 8 of the Rome Statute of the International Criminal Court (Kampala, 10 June 2010) as having the following meaning: (i) The prohibition to employ gases, and all analogous liquids, materials or devices, set out in article 8, paragraph 2 (e) (xiv), is interpreted in line with the obligations arising from the Convention on the Prohibition of the Development, Production, stockpiling and Use of Chemical Weapons and on Their Destruction of 1993. (ii) The prohibition to employ bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions, does not apply to the use of such bullets during activities of police nature in the context of law enforcement and maintenance of public order, which do not constitute direct participation an armed conflict, such as rescuing hostages and neutralizing civil aircraft hijackers.

country: Croatia

country: Cyprus

country: San Marino

country: Slovakia

country: Slovenia

country: Finland

country: Lithuania

country: Georgia

country: Switzerland

country: North Macedonia

country: El Salvador

country: Argentina

country: Chile

country: Paraguay

country: Guyana

country: Palestine

country: New Zealand

reservation: Declaration made on 14.10.2020 (Original: English): “The prohibition on employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions, does not apply to the use of such bullets by police or armed forces in the context of law enforcement, where the intent of the use is to avoid incidental civilian injury or damage.”

country: Mongolia

country: Sweden

country: Italy

country: Romania

country: Peru

country: Mexico

country: Ukraine

country: Denmark

reservation: Territorial exclusion in respect of the Faroe Islands and Greenland.

text: Geneva Conventions

text: Geneva Conventions, article 3

text: Geneva Conventions

text: Geneva Conventions, article 3

text: Geneva Conventions

text: Geneva Conventions, article 3

text: Geneva Conventions

text: Geneva Conventions, article 3

text: 1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such

text: crimes.

text: 2. For the purpose of this Statute, "war crimes" means:

text: (a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions

text: of the relevant Geneva Convention:

text: (i) Wilful killing;

text: (ii) Torture or inhuman treatment, including biological experiments;

text: (iii) Wilfully causing great suffering, or serious injury to body or health;

text: (iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

text: (v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

text: (vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

text: (vii) Unlawful deportation or transfer or unlawful confinement;

text: (viii) Taking of hostages.

text: (b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law,

text: namely, any of the following acts:

text: (i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;

text: (ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;

text: (iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

text: (iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

text: (v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;

text: (vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;

text: (vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;

text: (viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;

text: (ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

text: (x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

text: (xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;

text: (xii) Declaring that no quarter will be given;

text: (xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;

text: (xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;

text: (xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;

text: (xvi) Pillaging a town or place, even when taken by assault;

text: (xvii) Employing poison or poisoned weapons;

text: (xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

text: (xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;

text: (xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;

text: (xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

text: (xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;

text: (xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;

text: (xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

text: (xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;

text: (xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.

text: (c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:

text: (i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

text: (ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

text: (iii) Taking of hostages;

text: (iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.

text: (d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.

text: (e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:

text: (ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

text: (iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

text: (v) Pillaging a town or place, even when taken by assault;

text: (vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;

text: (vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;

text: (viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;

text: (ix) Killing or wounding treacherously a combatant adversary;

text: (x) Declaring that no quarter will be given;

text: (xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

text: (xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;

text: (xiii) Employing poison or poisoned weapons;

text: (xiv) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

text: (xv) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions.

text: (f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.

text: 3. Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.

text: Article 8 - War crimes

summary: Paragraphs 2 (e) (xiii) to 2 (e) (xv) were amended by resolution RC/Res.5 of 10 June 2010 (adding paragraphs 2 (e) (xiii) to 2 (e) (xv)). The full text with the amended articles on the right pannel is made available courtesy of the International Criminal Court.


identifier: Amendment to the Statute of the International Criminal Court, articles 8bis, 15bis and 15ter, 2010

title: Amendment to the Rome Statute of the International Criminal Court on the Crime of Aggression, articles 8bis, 15bis and 15ter, 11 June 2010

country: Croatia

country: Uruguay

country: Samoa

country: Belgium

country: San Marino

country: Cyprus

country: Austria

country: Trinidad and Tobago

country: Georgia

country: Germany

country: Costa Rica

country: Czech Republic

country: Latvia

country: Luxembourg

country: Slovakia

country: Andorra

country: Poland

country: Botswana

country: Estonia

country: Liechtenstein

country: Slovenia

country: Spain

country: Malta

country: Finland

country: Lithuania

country: Switzerland

country: Portugal

country: Iceland

country: Netherlands

country: Ireland

country: Panama

country: Ecuador

country: Bolivia

country: Niger

country: Timor-Leste

text: 1. For the purpose of this Statute, “crime of aggression” means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.

text: 2. For the purpose of paragraph 1, “act of aggression” means the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. Any of the following acts, regardless of a declaration of war, shall, in accordance with United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974, qualify as an act of aggression:

text: (a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof;

text: (b) Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another

text: State;

text: (c) The blockade of the ports or coasts of a State by the armed forces of another State;

text: (d) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State;

text: (e) The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the

text: conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;

text: (f) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an

text: act of aggression against a third State;

text: (g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such

text: gravity as to amount to the acts listed above, or its substantial involvement

text: therein.

text: Article 8bis - Crime of Agression

text: 1. The Court may exercise jurisdiction over the crime of aggression in accordance with article 13, paragraphs (a) and (c), subject to the provisions of this article.

text: 2. The Court may exercise jurisdiction only with respect to crimes of aggression committed one year after the ratification or acceptance of the amendments by thirty

text: States Parties.

text: 3. The Court shall exercise jurisdiction over the crime of aggression in accordance with this article, subject to a decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Statute.

text: 4. The Court may, in accordance with article 12, exercise jurisdiction over a crime of aggression, arising from an act of aggression committed by a State Party, unless that State Party has previously declared that it does not accept such jurisdiction by lodging a declaration with the Registrar. The withdrawal of such a declaration may be effected at any time and shall be considered by the State Party within three years.

text: 5. In respect of a State that is not a party to this Statute, the Court shall not exercise its jurisdiction over the crime of aggression when committed by that State’s nationals or on its territory.

text: 6. Where the Prosecutor concludes that there is a reasonable basis to proceed with an investigation in respect of a crime of aggression, he or she shall first ascertain whether the Security Council has made a determination of an act of aggression committed by the State concerned. The Prosecutor shall notify the Secretary-General of the United Nations of the situation before the Court, including any relevant information and documents.

text: 7. Where the Security Council has made such a determination, the Prosecutor may proceed with the investigation in respect of a crime of aggression.

text: 8. Where no such determination is made within six months after the date of notification, the Prosecutor may proceed with the investigation in respect of a crime of aggression, provided that the Pre-Trial Division has authorized the commencement of the investigation in respect of a crime of aggression in accordance with the procedure contained in article 15, and the Security Council has not decided otherwise in accordance with article16.

text: 9. A determination of an act of aggression by an organ outside the Court shall be without prejudice to the Court’s own findings under this Statute.

text: 10. This article is without prejudice to the provisions relating to the exercise of jurisdiction with respect to other crimes referred to in article 5.

text: Article 15bis - Exercise of jurisdiction over the crime of aggression (State referral, proprio motu)

text: 1. The Court may exercise jurisdiction over the crime of aggression in accordance with article 13, paragraph (b), subject to the provisions of this article.

text: States Parties.

text: 4. A determination of an act of aggression by an organ outside the Court shall be without prejudice to the Court’s own findings under this Statute.

text: 5. This article is without prejudice to the provisions relating to the exercise of jurisdiction with respect to other crimes referred to in article 5.

text: Article 15ter - Exercise of jurisdiction over the crime of aggression (Security Council referral)

summary: The amendment to the Statute regarding articles 8bis, 15bis and 15ter, reproduce here the text contained in depositary notification C.N.651.2010 Treaties-8. The full text with the amended articles on the right pannel is made available courtesy of the International Criminal Court.