doctype: treaty

identifier: Convention prohibiting Certain Conventional Weapons (CCW), amended Article 1, 2001

languages: English Arabic Chinese Spanish French Russian

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. Amendment article 1, 21 December 2001.

action: accession

country: Republic of Moldova

country: Nicaragua

country: Germany

country: Iceland

country: Slovakia

country: United Kingdom of Great Britain and Northern Ireland

country: Brazil

country: Liberia

country: Poland

country: Jamaica

country: Ecuador

country: Denmark

country: Italy

country: Liechtenstein

country: Georgia

country: Czech Republic

country: Colombia

country: Panama

country: Japan

country: Slovenia

country: Belgium

country: Croatia

country: Türkiye

country: Costa Rica

country: Ireland

country: India

country: Chile

country: Malta

country: Guatemala

reservation: Declaration: ".... declares the acceptance on the part of the Holy See of said amendment to Article I of the Convention, considering that in accordance with paragraph 4 of amended Article 1 the right of the Parties, "by all legitimate means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State" should be interpreted in conformity with international humanitarian law, the United Nations' Charter and other international rules."

country: Austria

country: Zambia

country: Dominican Republic

country: Argentina

country: Switzerland

country: Cuba

country: Albania

country: Finland

country: Bosnia and Herzegovina

country: Uruguay

country: Sierra Leone

country: Guinea-Bissau

country: Netherlands

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)

country: Peru

country: Luxembourg

reservation: Interpretative declaration: The Government of Mexico understands that the conflicts not of an international character referred to in article 1, paragraph 3 as amended correspond to the situations referred to in article 3 common to the Geneva Conventions of 1949. The Government of Mexico further understands that article 1, paragraph 7, as amended does not prejudice the applicability of future protocols to such situations as those defined in article 1, paragraph 2, as amended, and reserves the right to take positions that best accommodate its interests in negotiating future additional protocols.

text: Geneva Conventions, article 2

text: Geneva Conventions, article 3

text: Geneva Conventions, article 2

text: Geneva Conventions, article 3

text: Geneva Conventions, article 2

text: Geneva Conventions, article 3

text: Geneva Conventions, article 2

text: Geneva Conventions, article 3

text: Additional Protocol I, article I

text: 1. 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 I

text: of

text: Additional Protocol I

text: to these Conventions.

text: 2. This Convention and its annexed Protocols shall also apply, in addition to situations referred to in paragraph 1 of this Article, to situations referred to in Article 3 common to the Geneva Conventions of 12 August 1949. This Convention and its annexed Protocols shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature, as not being armed conflicts.

text: 3. In case of armed conflicts not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply the prohibitions and restrictions of this Convention and its annexed Protocols.

text: 4. Nothing in this Convention or its annexed Protocols shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the Government, by all legitimate means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State.

text: 5. Nothing in this Convention or its annexed Protocols shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict occurs.

text: 6. The application of the provisions of this Convention and its annexed Protocols to parties to a conflict which are not High Contracting Parties that have accepted this Convention or its annexed Protocols, shall not change their legal status or the legal status of a disputed territory, either explicitly or implicitly.

text: 7. The provisions of Paragraphs 2-6 of this Article shall not prejudice additional Protocols adopted after 1 January 2002, which may apply, exclude or modify the scope of their application in relation to this Article. Link to Article 1of 10 Octobre 1980

text: Article 1 - Scope of application

summary: On 21 December 2001, States Parties adopted an amendment to Article 1 of the Convention. Please refer to the introductory note to the full Convention , listing State not party to this amended article.


identifier: Statute of the Special Court for Sierra Leone, 2002

depositary: United Nations

publisher: International Committee of the Red Cross

reference: Statute of the Special Court for Sierra Leone, 2002

title: Agreement between the United Nations and the Government of Sierra Leone and Statute of the Special Court for Sierra Leone, 16 January 2002

text: Geneva Conventions, article 3

text: Geneva Conventions, article 3

text: Geneva Conventions, article 3

text: Geneva Conventions, article 3

text: Additional Protocol II

text: WHEREAS the Security Council, in its resolution 1315 (2000) of 14 August 2000, expressed deep concern at the very serious crimes committed within the territory of Sierra Leone against the people of Sierra Leone and United Nations and associated personnel and at the prevailing situation of impunity;

type: stycke

text: WHEREAS by the said resolution, the Security Council requested the Secretary-General to negotiate an agreement with the Government of Sierra Leone to create an independent special court to prosecute persons who bear the greatest responsibility for the commission of serious violations of international humanitarian law and crimes committed under Sierra Leonean law;

text: WHEREAS the Secretary-General of the United Nations (hereinafter "the Secretary-General") and the Government of Sierra Leone (hereinafter "the Government") have held such negotiations for the establishment of a Special Court for Sierra Leone (hereinafter "the Special Court");

text: NOW THEREFORE the United Nations and the Government of Sierra Leone have agreed as follows:

text: Article 1

text: Establishment of the Special Court

text: 1. There is hereby established a Special Court for Sierra Leone to prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996.

text: 2. The Special Court shall function in accordance with the Statute of the Special Court for Sierra Leone. The Statute is annexed to this Agreement and forms an integral part thereof.

text: Article 2

text: Composition of the Special Court and appointment of judges

text: 1. The Special Court shall be composed of a Trial Chamber and an Appeals Chamber with a second Trial Chamber to be created if, after the passage of at least six months from the commencement of the functioning of the Special Court, the Secretary-General, or the President of the Special Court so request. Up to two alternate judges shall similarly be appointed after six months if the President of the Special Court so determines.

text: 2. The Chambers shall be composed of no fewer than eight independent judges and no more than eleven such judges who shall serve as follows:

text: (a) Three judges shall serve in the Trial Chamber where one shall be appointed by the Government of Sierra Leone and two judges appointed by the Secretary-General, upon nominations forwarded by States, and in particular the member States of the Economic Community of West African States and theCommonwealth, at the invitation of the Secretary-General;

text: (b) In the event of the creation of a second Trial Chamber, that Chamber shall be likewise composed in the manner contained in subparagraph (a) above;

text: (c) Five judges shall serve in the Appeals Chamber, of whom two shall be appointed by the Government of Sierra Leone and three judges shall be appointedbythe Secretary-General upon nominations forwarded by States, and in particular the member States of the Economic Community of West African States and the Commonwealth, at the invitation of the Secretary-General.

text: 3. The Government of Sierra Leone and the Secretary-General shall consult on the appointment of judges.

text: 4. Judges shall be appointed for a three-year term and shall be eligible for re-appointment.

text: 5. If, at the request of the President of the Special Court, an alternate judge or judges have been appointed by the Government of Sierra Leone or the Secretary-General, the presiding judge of a Trial Chamber or the Appeals Chamber shall designate such an alternate judge to be present at each stage of the trial and to replace a judge if that judge is unable to continue sitting.

text: Article 3

text: Appointment of a Prosecutor and a Deputy Prosecutor

text: 1. The Secretary-General, after consultation with the Government of Sierra Leone, shall appoint a Prosecutor for a three-year term. The Prosecutor shall be eligible for reappointment.

text: 2. The Government of Sierra Leone, in consultation with the Secretary-General and the Prosecutor, shall appoint a Sierra Leonean Deputy Prosecutor to assist the Prosecutor in the conduct of the investigations and prosecutions.

text: 3. The Prosecutor and the Deputy Prosecutor shall be of high moral character and possess the highest level of professional competence and extensive experience in the conduct of investigations and prosecutions of criminal cases. The Prosecutor and the Deputy Prosecutor shall be independent in the performance of their functions and shall not accept or seek instructions from any Government or any other source.

text: 4. The Prosecutor shall be assisted by such Sierra Leonean and international staff as may be required to perform the functions assigned to him or her effectively and efficiently.

text: Article 4

text: Appointment of a Registrar

text: 1. The Secretary-General, in consultation with the President of the Special Court, shall appoint a Registrar who shall be responsible for the servicing of the Chambers and the Office of the Prosecutor, and for the recruitment and administration of all support staff. He or she shall also administer the financial and staff resources of the Special Court.

text: 2. The Registrar shall be a staff member of the United Nations. He or she shall serve a three-year term and shall be eligible for re-appointment.

text: Article 5

text: Premises

text: The Government shall assist in the provision ofpremises for the Special Court and such utilities, facilities and other services as may be necessary for its operation.

text: Article 6

text: Expenses of the Special Court

text: The expenses of the Special Court shall be borne by voluntary contributions from the international community. It is understood that the Secretary-General will commence the process of establishing the Court when he has sufficient contributions in hand to finance the establishment of the Court and 12 months of its operations plus pledges equal to the anticipated expenses of the following 24 months of the Court’s operation. It is further understood that the Secretary-General will continue to seek contributions equal to the anticipated expenses of the Court beyond its first three years of operation. Should voluntary contributions beinsufficient for the Court to implement its mandate, the Secretary-General and the Security Council shall explore alternate means of financing the Special Court.

text: Article 7

text: Management Committee

text: It is the understanding of the Parties that interested States will establish a management committee to assist the Secretary-General in obtaining adequate funding, and provide advice and policy direction on all non-judicial aspects of the operation of the Court, including questions of efficiency, and to perform other functions as agreed by interested States. The management committee shall consist of important contributors to the Special Court. The Government of Sierra Leone and the Secretary-General will also participate in the management committee.

text: Article 8

text: Inviolability of premises, archives and all other documents

text: 1. The premises of the Special Court shall be inviolable. The competent authorities shall take appropriate action that may be necessary to ensure that the Special Court shall not be dispossessed of all or any part of the premises of the Court without its express consent.

text: 2. The property, funds and assets of the Special Court, wherever located and by whomsoever held, shall be immune from search, seizure, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

text: 3. The archives of the Court, and in general all documents and materials made available, belonging to or used by it, wherever located and by whomsoever held, shall be inviolable.

text: Article 9

text: Funds, assets and other property

text: 1. The Special Court, its funds, assets and other property, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process,

text: except insofar as in any particular case the Court has expressly waived its immunity. It is understood, however, that no waiver of immunity shall extend to any measure of execution.

text: 2. Without being restricted by financial controls, regulations or moratoriums of any kind, the Special Court:

text: (a) May hold and use funds, gold or negotiable instruments of any kind and maintain and operate accounts in any currency and convert any currency held by it into any other currency;

text: (b) Shall be free to transfer its funds, gold or currency from one country to another, or within Sierra Leone, to the United Nations or any other agency.

text: Article 10

text: Seat of the Special Court

text: The Special Court shall have its seat in Sierra Leone. The Court may meet away from its seat if it considers it necessary for the efficient exercise of its functions, and may be relocated outside Sierra Leone, if circumstances so require, and subject to the conclusion of a Headquarters Agreement between the Secretary-General of the United Nations and the Government of Sierra Leone, on the one hand, and the Government of the alternative seat, on the other.

text: Article 11

text: Juridical capacity

text: The Special Court shall possess the juridical capacity necessary to:

text: (a) Contract;

text: (b) Acquire and dispose of movable and immovable property;

text: (c) Institute legal proceedings;

text: (d) Enter into agreements with States as may be necessary for the exercise of its functions and for the operation of the Court.

text: Article 12

text: Privileges and immunities of the judges, the Prosecutor and the Registrar

text: 1. The judges, the Prosecutor and the Registrar, together with their families forming part of their household, shall enjoy the privileges and immunities,

text: exemptions and facilities accorded to diplomatic agents in accordance with the 1961 Vienna Convention on Diplomatic Relations. They shall, in particular, enjoy:

text: (a) Personal inviolability, including immunity from arrest or detention;

text: (b) Immunity from criminal, civil and administrative jurisdiction in conformity with the Vienna Convention;

text: (c) Inviolability for all papers and documents;

text: (d) Exemption, as appropriate, from immigration restrictions and other alien registrations;

text: (e) The same immunities and facilities in respect of their personal baggage as are accorded to diplomatic agents by the Vienna Convention;

text: (f) Exemption from taxation in Sierra Leone on their salaries, emoluments and allowances.

text: 2. Privileges and immunities are accorded to the judges, the Prosecutor and the Registrar in the interest of the Special Court and not for the personal benefit of the individuals themselves. The right and the duty to waive the immunity, in any case where it can be waived without prejudice to the purpose for which it is accorded, shall lie with the Secretary-General, in consultation with the President.

text: Article 13

text: Privileges and immunities of international and Sierra Leonean personnel

text: 1. Sierra Leonean and international personnel of the Special Court shall be accorded:

text: (a) Immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity. Such immunity shall continue to be accorded after termination of employment with the Special Court;

text: (b) Immunity from taxation on salaries, allowances and emoluments paid to them.

text: 2. International personnel shall, in addition thereto, be accorded:

text: (a) Immunity from immigration restriction;

text: (b) The right to import free of duties and taxes, except for payment for services, their furniture and effects at the time of first taking up their official duties in Sierra Leone.

text: 3. The privileges and immunities are granted to the officials of the Special Court in the interest of the Court and not for their personal benefit. The right and the duty to waive the immunity in any particular case where it can be waived without prejudice to the purpose for which it is accorded shall lie with the Registrar of the Court.

text: Article 14

text: Counsel

text: 1. The Government shall ensure that the counsel of a suspect or an accused who has been admitted as such by the Special Court shall not be subjected to any measure which may affect the free and independent exercise of his or her functions.

text: 2. In particular, the counsel shall be accorded:

text: (a) Immunity from personal arrest or detention and from seizure of personal baggage;

text: (b) Inviolability of all documents relating to the exercise of his or her functions as a counsel of a suspect or accused;

text: (c) Immunity from criminal or civil jurisdiction in respect of words spoken or written and acts performed in his or her capacity as counsel. Such immunity shall continue to be accorded after termination of his or her functions as a counsel of a suspect or accused.

text: (d) Immunity from any immigration restrictions during his or her stay as well as during his or her journey to the Court and back.

text: Article 15

text: Witnesses and experts

text: Witnesses and experts appearing from outside Sierra Leone on a summons or a request of the judges or the Prosecutor shall not be prosecuted, detained or subjected to any restriction on their liberty by the Sierra Leonean authorities. They shall not be subjected to any measure which may affect the free and independent exercise of their functions. The provisions of article 14, paragraph 2(a) and (d), shall apply to them.

text: Article 16

text: Security, safety and protection of persons referred to in this Agreement

text: Recognizing the responsibility of the Government under international law to ensure the security, safety and protection of persons referred to in this Agreement and its present incapacity to do so pending the restructuring and rebuilding of its security forces, it is agreed that the United Nations Mission in Sierra Leone shall provide the necessary security to premises and personnel of the Special Court, subject to an appropriate mandate by the Security Council and within its capabilities.

text: Article 17

text: Cooperation with the Special Court

text: 1. The Government shall cooperate with all organs of the Special Court at all stages of the proceedings. It shall, in particular, facilitate access to the Prosecutor to sites, persons and relevant documents required for the investigation.

text: 2. The Government shall comply without undue delay with any request for assistance by the Special Court or an order issued by the Chambers, including, but not limited to:

text: (a) Identification and location of persons;

text: (b) Service of documents;

text: (c) Arrest or detention of persons;

text: (d) Transfer of an indictee to the Court.

text: Article 18

text: Working language

text: The official working language of the Special Court shall be English.

text: Article 19

text: Practical arrangements

text: 1. With a view to achieving efficiency and cost-effectiveness in the operation of the Special Court, a phased-in approach shall be adopted for its establishment in accordance with the chronological order of the legal process.

text: 2. In the first phase of the operation of the Special Court, judges, the Prosecutor and the Registrar will be appointed along with investigative and prosecutorial staff. The process of investigations and prosecutions of those already in custody shall be initiated.

text: 3. In the initial phase, judges of the Trial Chamber and the Appeals Chamber shall be convened on an ad hoc basis for dealing with organizational matters, and serving when required to perform their duties.

text: 4. Judges of the Trial Chamber shall take permanent office shortly before the investigation process has been completed. Judges of the Appeals Chamber shall take permanent office when the first trial process has been completed.

text: Article 20

text: Settlement of Disputes

text: Any dispute between the Parties concerning the interpretation or application of this Agreement shall be settled by negotiation, or by any other mutually agreed-upon mode of settlement.

text: Article 21

text: Entry into force

text: The present Agreement shall enter into force on the day after both Parties have notified each other in writing that the legal requirements for entry into force have been complied with.

text: Article 22

text: Amendment

text: This Agreement may be amended by written agreement between the Parties.

text: Article 23

text: Termination

text: This Agreement shall be terminated by agreement of the Parties upon completion of the judicial activities of the Special Court.

text: IN WITNESS WHEREOF, the following duly authorized representatives of the United Nations and of the Government of Sierra Leone have signed this Agreement.

text: Done at Freetown, on 16 January 2002 in two originalsin the English language.

text: For the United Nations

text: Hans Corell, Under-Secretary-General for Legal Affairs

text: For the Government of Sierra Leone

text: Solomon Berewa, Attorney General and Minister of Justice

text: Agreement

text: Having been established by an Agreement between the United Nations and the Government of Sierra Leone pursuant to Security Council resolution 1315 (2000) of 14 August 2000, the Special Court for Sierra Leone (hereinafter "the Special Court") shall function in accordance with the provisions of the present Statute.

text: Preamble

text: 1. The Special Court shall, except as provided in subparagraph (2), have the power to prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996, including those leaders who, in committing such crimes, have threatened the establishment of and implementation of the peace process in Sierra Leone.

text: 2. Any transgressions by peacekeepers and related personnel present in Sierra Leone pursuant to the Status of Mission Agreement in force between the United Nations and the Government of Sierra Leone or agreements between Sierra Leone and other Governments or regional organizations, or, in the absence of such agreement, provided that the peacekeeping operations were undertaken with the consent of the Government of Sierra Leone, shall be within the primary jurisdiction of the sending State.

text: 3. In the event the sending State is unwilling or unable genuinely to carry out an investigation or prosecution, the Court may, if authorized by the Security Council on the proposal of any State, exercise jurisdiction over such persons.

text: Article 1 - Competence of the Special Court

text: Article 2 - Crime against humanity

text: The Special Court shall have the power to prosecute persons who committed or ordered the commission of serious violations of article 3 common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims, and of

text: Additional Protocol II

text: thereto of 8 June 1977. These violations shall include:

text: Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;

text: Collective punishments;

text: Taking of hostages;

text: Acts of terrorism;

text: Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault;

text: Pillage;

text: The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples;

text: Threats to commit any of the foregoing acts.

text: Article 3 - Violations of Article 3 common to the Geneva Conventions and of Additional Protocol II

text: The Special Court shall have the power to prosecute persons who committed the following serious violations of international humanitarian law:

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

text: 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: Conscripting or enlisting children under the age of 15 years into armed forces or groups or using them to participate actively in hostilities.

text: Article 4 - Other serious violations of international humanitarian law

text: The Special Court shall have the power to prosecute persons who have committed the following crimes under Sierra Leonean law:

text: Offences relating to the abuse of girls under the Prevention of Cruelty to Children Act, 1926 (Cap. 31):

text: Abusing a girl under 13 years of age, contrary to section 6;

text: Abusing a girl between 13 and 14 years of age, contrary to section 7;

text: Abduction of a girl for immoral purposes, contrary to section 12.

text: Offences relating to the wanton destruction of property under the Malicious Damage Act, 1861:

text: Setting fire to dwelling - houses, any person being therein, contrary to section 2;

text: Setting fire to public buildings, contrary to sections 5 and 6;

text: Setting fire to other buildings, contrary to section 6.

text: Article 5 - Crimes under Sierra Leonean law

text: 1. A person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in articles 2 to 4 of the present Statute shall be individually responsible for the crime.

text: 2. The official position of any accused persons, whether as Head of State or Government or as a responsible government official, shall not relieve such person of criminal responsibility nor mitigate punishment.

text: 3. The fact that any of the acts referred to in articles 2 to 4 of the present Statute was committed by a subordinate does not relieve his or her superior of criminal responsibility if he or she knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior had failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

text: 4. The fact that an accused person acted pursuant to an order of a Government or of a superior shall not relieve him or her of criminal responsibility, but may be considered in mitigation of punishment if the Special Court determines that justice so requires.

text: 5. Individual criminal responsibility for the crimes referred to in article 5 shall be determined in accordance with the respective laws of Sierra Leone.

text: Article 6 - Individual criminal responsibility

text: 1. The Special Court shall have no jurisdiction over any person who was under the age of 15 at the time of the alleged commission of the crime. Should any person who was at the time of the alleged commission of the crime between 15 and 18 years of age come before the Court, he or she shall be treated with dignity and a sense of worth, taking into account his or her young age and the desirability of promoting his or her rehabilitation, reintegration into and assumption of a constructive role in society, and in accordance with international human rights standards, in particular the rights of the child.

text: 2. In the disposition of a case against a juvenile offender, the Special Court shall order any of the following: care guidance and supervision orders, community service orders, counselling, foster care, correctional, educational and vocational training programmes, approved schools and, as appropriate, any programmes of disarmament, demobilization and reintegration or programmes of child protection agencies.

text: Article 7 - Jurisdiction over persons of 15 years of age

text: 1. The Special Court and the national courts of Sierra Leone shall have concurrent jurisdiction.

text: 2. The Special Court shall have primacy over the national courts of Sierra Leone. At any stage of the procedure, the Special Court may formally request a national court to defer to its competence in accordance with the present Statute and the Rules of Procedure and Evidence.

text: Article 8 - Concurrent jurisdiction

text: 1. No person shall be tried before a national court of Sierra Leone for acts for which he or she has already been tried by the Special Court.

text: 2. A person who has been tried by a national court for the acts referred to in articles 2 to 4 of the present Statute may be subsequently tried by the Special Court if:

text: The act for which he or she was tried was characterized as an ordinary crime; or

text: The national court proceedings were not impartial or independent, were designed to shield the accused from international criminal responsibility or the case was not diligently prosecuted.

text: 3. In considering the penalty to be imposed on a person convicted of a crime under the present Statute, the Special Court shall take into account the extent to which any penalty imposed by a national court on the same person for the same act has already been served.

text: Article 9 - Non bis in idem

text: An amnesty granted to any person falling within the jurisdiction of the Special Court in respect of the crimes referred to in articles 2 to 4 of the present Statute shall not be a bar to prosecution.

text: Article 10 - Amnesty

text: The Special Court shall consist of the following organs:

text: The Chambers, comprising one or more Trial Chambers and an Appeals Chamber;

text: The Prosecutor; and

text: The Registry.

text: Article 11 - Organization of the Special Court

text: 1. The Chambers shall be composed of not less than eight (8) or more than eleven (11) independent judges, who shall serve as follows:

text: Three judges shall serve in the Trial Chamber, of whom one shall be a judge appointed by the Government of Sierra Leone, and two judges appointed by the Secretary-General of the United Nations (hereinafter "the Secretary-General").

text: Five judges shall serve in the Appeals Chamber, of whom two shall be judges appointed by the Government of Sierra Leone, and three judges appointed by the Secretary-General.

text: 2. Each judge shall serve only in the Chamber to which he or she has been appointed.

text: 3. The judges of the Appeals Chamber and the judges of the Trial Chamber, respectively, shall elect a presiding judge who shall conduct the proceedings in the Chamber to which he or she was elected. The presiding judge of the Appeals Chamber shall be the President of the Special Court.

text: 4. If, at the request of the President of the Special Court, an alternate judge or judges have been appointed by the Government of Sierra Leone or the Secretary-General, the presiding judge of a Trial Chamber or the Appeals Chamber shall designate such an alternate judge to be present at each stage of the trial and to replace a judge if that judge is unable to continue sitting.

text: Article 12 - Composition of the Chambers

text: 1. The judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. They shall be independent in the performance of their functions, and shall not accept or seek instructions from any Government or any other source.

text: 2. In the overall composition of the Chambers, due account shall be taken of the experience of the judges in international law, including international humanitarian law and human rights law, criminal law and juvenile justice.

text: 3. The judges shall be appointed for a three-year period and shall be eligible for reappointment.

text: Article 13 - Qualification and appointment of judges

text: 1. The Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda obtaining at the time of the establishment of the Special Court shall be applicable mutatis mutandis to the conduct of the legal proceedings before the Special Court.

text: 2. The judges of the Special Court as a whole may amend the Rules of Procedure and Evidence or adopt additional rules where the applicable Rules do not, or do not adequately, provide for a specific situation. In so doing, they may be guided, as appropriate, by the Criminal Procedure Act, 1965, of Sierra Leone.

text: Article 14 - Rules of Procedure and Evidence

text: 1. The Prosecutor shall be responsible for the investigation and prosecution of persons who bear the greatest responsibility for serious violations of international humanitarian law and crimes under Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996. The Prosecutor shall act independently as a separate organ of the Special Court. He or she shall not seek or receive instructions from any Government or from any other source.

text: 2. The Office of the Prosecutor shall have the power to question suspects, victims and witnesses, to collect evidence and to conduct on-site investigations. In carrying out these tasks, the Prosecutor shall, as appropriate, be assisted by the Sierra Leonean authorities concerned.

text: 3. The Prosecutor shall be appointed by the Secretary-General for a three-year term and shall be eligible for re-appointment. He or she shall be of high moral character and possess the highest level of professional competence, and have extensive experience in the conduct of investigations and prosecutions of criminal cases.

text: 4. The Prosecutor shall be assisted by a Sierra Leonean Deputy Prosecutor, and by such other Sierra Leonean and international staff as may be required to perform the functions assigned to him or her effectively and efficiently. Given the nature of the crimes committed and the particular sensitivities of girls, young women and children victims of rape, sexual assault, abduction and slavery of all kinds, due consideration should be given in the appointment of staff to the employment of prosecutors and investigators experienced in gender-related crimes and juvenile justice.

text: 5. In the prosecution of juvenile offenders, the Prosecutor shall ensure that the child-rehabilitation programme is not placed at risk and that, where appropriate, resort should be had to alternative truth and reconciliation mechanisms, to the extent of their availability.

text: Article 15 - The Prosecutor

text: 1. The Registry shall be responsible for the administration and servicing of the Special Court.

text: 2. The Registry shall consist of a Registrar and such other staff as may be required.

text: 3. The Registrar shall be appointed by the Secretary-General after consultation with the President of the Special Court and shall be a staff member of the United Nations. He or she shall serve for a three-year term and be eligible for re-appointment.

text: 4. The Registrar shall set up a Victims and Witnesses Unit within the Registry. This Unit shall provide, in consultation with the Office of the Prosecutor, protective measures and security arrangements, counselling and other appropriate assistance for witnesses, victims who appear before the Court and others who are at risk on account of testimony given by such witnesses. The Unit personnel shall include experts in trauma, including trauma related to crimes of sexual violence and violence against children.

text: Article 16 - The Registry

text: 1. All accused shall be equal before the Special Court.

text: 2. The accused shall be entitled to a fair and public hearing, subject to measures ordered by the Special Court for the protection of victims and witnesses.

text: 3. The accused shall be presumed innocent until proved guilty according to the provisions of the present Statute.

text: 4. In the determination of any charge against the accused pursuant to the present Statute, he or she shall be entitled to the following minimum guarantees, in full equality:

text: To be informed promptly and in detail in a language which he or she understands of the nature and cause of the charge against him or her;

text: To have adequate time and facilities for the preparation of his or her defence and to communicate with counsel of his or her own choosing;

text: To be tried without undue delay;

text: To be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; to be informed, if he or she does not have legal assistance, of this right; and to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by him or her in any such case if he or she does not have sufficient means to pay for it;

text: To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her;

text: To have the free assistance of an interpreter if he or she cannot understand or speak the language used in the Special Court;

text: Not to be compelled to testify against himself or herself or to confess guilt.

text: Article 17 - Rights of the accused

text: The judgement shall be rendered by a majority of the judges of the Trial Chamber or of the Appeals Chamber, and shall be delivered in public. It shall be accompanied by a reasoned opinion in writing, to which separate or dissenting opinions may be appended.

text: Article 18 - Judgement

text: 1. The Trial Chamber shall impose upon a convicted person, other than a juvenile offender, imprisonment for a specified number of years. In determining the terms of imprisonment, the Trial Chamber shall, as appropriate, have recourse to the practice regarding prison sentences in the International Criminal Tribunal for Rwanda and the national courts of Sierra Leone.

text: 2. In imposing the sentences, the Trial Chamber should take into account such factors as the gravity of the offence and the individual circumstances of the convicted person.

text: 3. In addition to imprisonment, the Trial Chamber may order the forfeiture of the property, proceed

text: Article 19 - Penalties

text: 1. The Appeals Chamber shall hear appeals from persons convicted by the Trial Chamber or from the Prosecutor on the following grounds:

text: A procedural error;

text: An error on a question of law invalidating the decision;

text: An error of fact which has occasioned a miscarriage of justice.

text: 2. The Appeals Chamber may affirm, reverse or revise the decisions taken by the Trial Chamber.

text: 3. The judges of the Appeals Chamber of the Special Court shall be guided by the decisions of the Appeals Chamber of the International Tribunals for the former Yugoslavia and for Rwanda. In the interpretation and application of the laws of Sierra Leone, they shall be guided by the decisions of the Supreme Court of Sierra Leone.

text: Article 20 - Appellate proceedings

text: 1. Where a new fact has been discovered which was not known at the time of the proceedings before the Trial Chamber or the Appeals Chamber and which could have been a decisive factor in reaching the decision, the convicted person or the Prosecutor may submit an application for review of the judgement.

text: 2. An application for review shall be submitted to the Appeals Chamber. The Appeals Chamber may reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate:

text: Reconvene the Trial Chamber;

text: Retain jurisdiction over the matter.

text: Article 21 - Review proceedings

text: 1. Imprisonment shall be served in Sierra Leone. If circumstances so require, imprisonment may also be served in any of the States which have concluded with the International Criminal Tribunal for Rwanda or the International Criminal Tribunal for the former Yugoslavia an agreement for the enforcement of sentences, and which have indicated to the Registrar of the Special Court their willingness to accept convicted persons. The Special Court may conclude similar agreements for the enforcement of sentences with other States.

text: 2. Conditions of imprisonment, whether in Sierra Leone or in a third State, shall be governed by the law of the State of enforcement subject to the supervision of the Special Court. The State of enforcement shall be bound by the duration of the sentence, subject to article 23 of the present Statute.

text: Article 22 - Enforcement of sentences

text: If, pursuant to the applicable law of the State in which the convicted person is imprisoned, he or she is eligible for pardon or commutation of sentence, the State concerned shall notify the Special Court accordingly. There shall only be pardon or commutation of sentence if the President of the Special Court, in consultation with the judges, so decides on the basis of the interests of justice and the general principles of law.

text: Article 23 - Pardon or commutation of sentences

text: The working language of the Special Court shall be English.

text: Article 24 - Working language

text: The President of the Special Court shall submit an annual report on the operation and activities of the Court to the Secretary-General and to the Government of Sierra Leone.

text: Article 25 - Annual Report

summary: Sierra Leone has been the site of a bloody civil war that began in the spring of 1991. On 7 July 1999, the government, the United Revolutionary Front (RUF) rebels led by Foday Sankoh, and the UN Secretary General's Special Representative signed the Lome Peace Agreement, which granted amnesty to the RUF and set up a Truth Commission to document violations of international humanitarian law. Shortly afterward, the RUF resumed hostilities, including the targeting of civilians and taking 500 UN peacekeepers hostage. Sankoh was subsequently captured by government forces and the British government spearheaded an effort to establish prosecutions of war criminals, including Sankoh. "In a 12 June 2000 letter to UN Secretary General Kofi Annan, Sierra Leone President Kabbah requested United Nations assistance to establish a special court to try Foday Sankoh and other senior members of RUF "for crimes against the people of Sierra Leone and for taking of United Nations peacekeepers as hostages." In his Fifth Report to the Security Council on the United Nations Mission in Sierra Leone, 31 July 2000 (S/2000/751), SG Annan stated that an information gathering mission conducted by the UN Office of Legal Affairs had concluded a broad-based preference among Sierra Leone's governing authorities and NGOs for a national court with a strong international component, including jurisdiction over international crimes of genocide, crimes against humanity, and war crimes, as well as crimes under national law. In its Resolution 1315 of 14 August 2000, the Security Council requested the Secretary General to negotiate an agreement with Sierra Leone to establish "an independent special court." On 4 October 2000, SG Annan reported to the Security Council on the basic content of an Agreement with Sierra Leone for the establishment of the Special Court. Another 15 months was required to complete negotiations, including funding options, the particular crimes and their definitions, and the category of persons that would be within the jurisdiction of the Special Court. "On 16 January 2002, the United Nations and the Government of Sierra Leone signed an Agreement establishing a Special Court for Sierra Leone. The Court, which will sit in Sierra Leone, will function in accordance with the Statute of the Special Court for Sierra Leone, which is part of the Agreement. The personal jurisdiction of the court includes "persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996." Subject matter jurisdiction includes war crimes, crimes against humanity and certain crimes under national law. (Genocide was excluded as there was little evidence of that crime.) The Sierra Leone Court differs from its predecessor international criminal tribunals - those for former Yugoslavia and for Rwanda - which are pure international tribunals - creatures of the Security Council acting pursuant to its authority under Chapter VII of the UN Charter. The Sierra Leone Court is, rather, a "hybrid" court of both international and national creation and jurisdiction.


doctype: protocol

identifier: CCW Protocol (V) on Explosive Remnants of War, 2003

reference: CCW Protocol (V) on Explosive Remnants of War, 2003

title: Protocol on Explosive Remnants of War (Protocol V to the 1980 CCW Convention), 28 November 2003

country: China

action: declaration

reservation: DECLARATION IN RESPECT OF HONG KONG AND MACAO : (Courtesy Translation) (Original: Chinese) In accordance with Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and Article 138 of the Basic Law of the Macao Special Administrative Region of the People’s Republic of China, the Government of the People’s Republic of China decides that the Protocol [above-mentioned] applies to the Hong Kong Special Administrative Region of the People’s Republic of China and the Macao Special Administrative Region of the People’s Republic of China.

country: Italy

country: Liberia

country: Kuwait

country: Liechtenstein

country: Cameroon

country: Pakistan

country: Latvia

country: Norway

country: Panama

country: Estonia

country: Lithuania

country: Iceland

country: Canada

country: Czech Republic

country: Spain

country: Burundi

country: Costa Rica

country: Bulgaria

country: Brazil

country: Russian Federation

country: Tajikistan

country: Lao People's Democratic Republic

country: Malta

country: India

country: Georgia

country: France

country: Paraguay

country: Gabon

country: El Salvador

country: Chile

country: Tunisia

country: Turkmenistan

country: South Africa

country: North Macedonia

country: Senegal

reservation: Understanding (Original: English) “It is the understanding of the United States of America that nothing in Protocol V would preclude future arrangements in connection with the settlement of armed conflicts, or assistance connected thereto, to allocate responsibilities under Article 3 in a manner that respects the essential spirit and purpose of Protocol V.”

reservation: Interpretative declaration made upon consent to be bound (Translation) (Original: Spanish) : The Argentine Republic declares that there are explosive remnants of war in its territory, in the Malvinas Islands. Since this part of Argentine territory is illegally occupied by the United Kingdom of Great Britain and Northern Ireland, the Argentine Republic is prevented from accessing these explosive remnants of war with a view to their removal and destruction. The United Nations General Assembly has recognized the existence of a sovereignty dispute concerning the Malvinas Islands, South Georgia Islands and South Sandwich Islands and has urged the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to continue negotiations in order to find a peaceful and definitive solution to the dispute as soon as possible, through the good offices of the Secretary-General of the United Nations, who is to report to the General Assembly on the progress made (resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25). The Special Committee on decolonization has expressed the same opinion: it has adopted a resolution each year stating that the way to end this colonial situation is to find a definitive solution to the sovereignty dispute in a peaceful and negotiated manner and requesting the two Governments to resume negotiations to this end. The Argentine Republic reaffirms its sovereign rights over the Malvinas Islands, South Georgia Islands and South Sandwich Islands and the surrounding maritime areas, which are an integral part of its national territory.

reservation: Declaration : In acceding to the Protocol on Explosive Remnants of War (ERW) 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 (CCW), adopted on November 28, 2003, at the meeting of the States Parties to the CCW, the Holy See, as it did on June 16, 1997 when it acceded to the Convention and its first four 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". With the approval of the fifth Protocol, the CCW is confirmed as a "forward-looking living instrument"of international humanitarian law, intended to address the problems arising from modern armed conflicts and to improve its effectiveness for the protection of civilians and combatants in such situations. Although one could have wished for a greater incisiveness in the Protocol in responding tot he problems originating from the ERW, the adoption of this instrument represents an important multilateral tool for the control of arms for humanitarian reasons, capable of calling States to responsibility for eh ERW and for damages caused by them. In keeping with it own commitment to encouraging the development and implementation of humanitarian law on the part of all States and in all circumstances, the Holy See is convinced that the Fifth Protocol signifies a concretely promoting the culture of life and of peace, based upon the dignity of the human person and the primacy of the rule of law, through a responsible, hones and consistent cooperation of all the members of the community of nations.

country: United Kingdom of Great Britain and Northern Ireland

text: The High Contracting Parties,

text: Recognising the serious post-conflict humanitarian problems caused by explosive remnants of war,

text: Conscious of the need to conclude a Protocol on post-conflict remedial measures of a generic nature in order to minimise the risks and effects of explosive remnants of war,

text: And willing to address generic preventive measures, through voluntary best practices specified in a Technical Annex for improving the reliability of munitions, and therefore minimising the occurrence of explosive remnants of war,

text: Have agreed as follows:

text: Preamble

text: General provision and scope of application

text: 1. In conformity with the Charter of the United Nations and of the rules of the international law of armed conflict applicable to them, High Contracting Parties agree to comply with the obligations specified in this Protocol, both individually and in co-operation with other High Contracting Parties, to minimisethe risks and effects of explosive remnants of war in post-conflict situations.

text: 2. This Protocol shall apply to explosive remnants of war on the land territory including internal watersof High Contracting Parties.

text: 3. This Protocol shall apply to situations resulting from conflicts referred to in Article 1, paragraphs 1 to 6, of the Convention, as amended on 21 December 2001.

text: 4. Articles 3, 4, 5 and 8 of this Protocol apply to explosive remnants of war other than existing explosive remnants of war as defined in Article 2, paragraph 5 of this Protocol.

text: Article 1 - General provision and scope of application

text: Definitions

text: For the purpose of this Protocol,

text: 1. Explosive ordnance means conventional munitions containing explosives, with the exception of mines, booby traps and other devices as defined in Protocol II of this Convention as amended on 3 May 1996.

text: 2. Unexploded ordnance means explosive ordnance that has been primed, fused, armed, or otherwise prepared for use and used in an armed conflict. It may have been fired, dropped, launched or projected and should have exploded but failed to do so.

text: 3. Abandoned explosive ordnance means explosive ordnance that has not been used during an armed conflict, that has been left behind or dumped by a party to an armed conflict, and which is no longer under control of the party that left it behind or dumped it. Abandoned explosive ordnance may or may not have been primed, fused, armed or otherwise prepared for use.

text: 4. Explosive remnants of war means unexploded ordnance and abandoned explosive ordnance.

text: 5. Existing explosive remnants of war means unexploded ordnance and abandoned explosive ordnance that existed prior to the entry into force of this Protocol for the High Contracting Party on whose territory it exists.

text: Article 2 - Definitions

text: Clearance, removal or destruction of explosive remnants of war

text: 1. Each High Contracting Party and party to an armed conflict shall bear the responsibilities set out in this Article with respect to all explosive remnants of war in territory under its control. In cases where a user of explosive ordnance which has become explosive remnants of war, does not exercise control of the territory, the user shall, after the cessation of active hostilities, provide where feasible, inter alia technical, financial, material or human resources assistance, bilaterally or through a mutually agreed third party, including inter alia through the United Nations system or other relevant organisations, to facilitate the marking and clearance, removal or destruction of such explosive remnants of war.

text: 2. After the cessation of active hostilities and as soon as feasible, each High Contracting Party and party to an armed conflict shall mark and clear, remove or destroy explosive remnants of war in affected territories under its control. Areas affected by explosive remnants of war which are assessed pursuant to paragraph 3 of this Article as posing a serious humanitarian risk shall be accorded priority status for clearance, removal or destruction.

text: 3. After the cessation of active hostilities and as soon as feasible, each High Contracting Party and party to an armed conflict shall take the following measures in affected territories under its control, to reduce the risks posed by explosive remnants of war:

text: (a) survey and assess the threat posed by explosive remnants of war;

text: (b) assess and prioritise needs and practicability in terms of marking and clearance, removal or destruction;

text: (c) mark and clear, remove or destroy explosive remnants of war;

text: (d) take steps to mobilise resources to carry out these activities.

text: 4. In conducting the above activities High Contracting Parties and parties to an armed conflict shall take into account international standards, including the International Mine Action Standards.

text: 5. High Contracting Parties shall co-operate, where appropriate, both among themselves and with other states, relevant regional and international organisations and non-governmental organisations on the provision of inter alia technical, financial, material and human resources assistance including, in appropriate circumstances, the undertaking of joint operations necessary to fulfil the provisions of this Article.

text: Article 3 - Clearance, removal or destruction of explosive remnants of war

text: Recording, retaining and transmission of information

text: 1. High Contracting Parties and parties to an armed conflict shall to the maximum extent possible and as far as practicable record and retain information on the use of explosive ordnance or abandonment of explosive ordnance, to facilitate the rapid marking and clearance, removal or destruction of explosive remnants of war, risk education and the provision of relevant information to the party in control of the territory and to civilian populations in that territory.

text: 2. High Contracting Parties and parties to an armed conflict which have used or abandoned explosive ordnance which may have become explosive remnants of war shall, without delay after the cessation of active hostilities and as far as practicable, subject to these parties’ legitimate security interests, make available such information to the party or parties in control of the affected area, bilaterally or through a mutually agreed third party including inter alia the United Nations or, upon request, to other relevant organisations which the party providing the information is satisfied are or will be undertaking risk education and the marking and clearance, removal or destruction of explosive remnants of war in the affected area.

text: 3. In recording, retaining and transmitting such information, the High Contracting Parties should have regard to Part 1 of the Technical Annex.

text: Article 4 - Recording, retaining and transmission of information

text: Other precautions for the protection of the civilian population,

text: individual civilians and civilian objects from the risks and

text: effects of explosive remnants of war

text: 1. High Contracting Parties and parties to an armed conflict shall take all feasible precautions in the territory under their control affected by explosive remnants of war to protect the civilian population, individual civilians and civilian objects from the risks and effects of explosive remnants of war. Feasible precautions are those precautions which are practicable or practicably possible, taking into account all circumstances ruling at the time, including humanitarian and military considerations. These precautions may include warnings, risk education to the civilian population, marking, fencing and monitoring of territory affected by explosive remnants of war, as set out in Part 2 of the Technical Annex.

text: Article 5 - Other precautions for the protection of the civilian population, individual civilians and civilian objects from the risks and effects of explosive remnants of war

text: Provisions for the protection of humanitarian

text: missions and organisations from the effects

text: of explosive remnants of war

text: 1. Each High Contracting Party and party to an armed conflict shall:

text: (a) Protect, as far as feasible, from the effects of explosive remnants of war, humanitarian missions and organisations that are or will be operating in the area under the control of the High Contracting Party or party to an armed conflict and with that party’s consent.

text: (b) Upon request by such a humanitarian mission or organisation, provide, as far as feasible, information on the location of all explosive remnants of war that it is aware of in territory where the requesting humanitarian mission or organisation will operate or is operating.

text: 2. The provisions of this Article are without prejudice to existing International Humanitarian Law or other international instruments as applicable or decisions by the Security Council of the United Nations which provide for a higher level of protection.

text: Article 6 - Provisions for the protection of humanitarian missions and organisations from the effects of explosive remnants of war

text: Assistance with respect to existing explosive remnants of war

text: 1. Each High Contracting Party has the right to seek and receive assistance, where appropriate, from other High Contracting Parties, from states non-party and relevant international organisations and institutions in dealing with the problems posed by existing explosive remnants of war.

text: 2. Each High Contracting Party in a position to do so shall provide assistance in dealing with the problems posed by existing explosive remnants of war, as necessary and feasible. In so doing, High Contracting Parties shall also take into account the humanitarian objectives of this Protocol, as well as international standards including the International Mine Action Standards.

text: Article 7 - Assistance with respect to existing explosive remnants of war

text: Co-operation and assistance

text: 1. Each High Contracting Party in a position to do so shall provide assistance for the marking and clearance, removal or destruction of explosive remnants of war, and for risk education to civilian populations and related activities inter alia through the United Nations system, other relevant 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: 2. Each High Contracting Party in a position to do so shall provide assistance for the care and rehabilitation and social and economic reintegration of victims of explosive remnants of war. Such assistance may be provided inter alia through the United Nations system, relevant 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: 3. Each High Contracting Party in a position to do so shall contribute to trust funds within the United Nations system, as well as other relevant trust funds, to facilitate the provision of assistance under this Protocol.

text: 4. Each High Contracting Party shall have the right to participate in the fullest possible exchange of equipment, material and scientific and technological information other than weapons related technology, necessary for the implementation of this Protocol. High Contracting Parties undertake to facilitate such exchanges in accordance with national legislation and shall not impose undue restrictions on the provision of clearance equipment and related technological information for humanitarian purposes.

text: 5. Each High Contracting Party undertakes to provide information to the relevant databases on mine action established within the United Nations system, especially information concerning various means and technologies of clearance of explosive remnants of war, lists of experts, expert agencies or national points of contact on clearance of explosive remnants of war and, on a voluntary basis, technical information on relevant types of explosive ordnance.

text: 6. High Contracting Parties may submit requests for assistance substantiated by relevant information to the United Nations, to other appropriate bodies or to other states. These requests may be submitted to the Secretary-General of the United Nations, who shall transmit them to all High Contracting Parties and to relevant international organisations and non-governmental organisations.

text: 7. In the case of requests to the United Nations, the Secretary-General of the United Nations, within the resources available to the Secretary-General of the United Nations, may take appropriate steps to assess the situation and in co-operation with the requesting High Contracting Party and other High Contracting Parties with responsibility as set out in Article 3 above, recommend the appropriate provision of assistance. The Secretary-General may also report to High Contracting Parties on any such assessment as well as on the type and scope of assistance required, including possible contributions from the trust funds established within the United Nations system.

text: Article 8 - Co-operation and assistance

text: Generic preventive measures

text: 1. Bearing in mind the different situations and capacities, each High Contracting Party is encouraged to take generic preventive measures aimed at minimising the occurrence of explosive remnants of war, including, but not limited to, those referred to in part 3 of the Technical Annex.

text: 2. Each High Contracting Party may, on a voluntary basis, exchange information related to efforts to promote and establish best practices in respect of paragraph 1 of this Article.

text: Article 9 - Generic preventive measures

text: Consultations of High Contracting Parties

text: 1. The High Contracting Parties undertake to consult and co-operate with each other on all issues related to the operation of this Protocol. For this purpose, a Conference of High Contracting Parties shall be held as agreed to by a majority, but no less than eighteen High Contracting Parties.

text: 2. The work of the conferences of High Contracting Parties shall include:

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

text: (b) consideration of matters pertaining to national implementation of this Protocol, including national reporting or updating on an annual basis.

text: (c) preparation for review conferences.

text: 3. The costs of the Conference of High Contracting Parties shall be borne by the High Contracting Parties and States not parties participating in the Conference, in accordance with the United Nations scale of assessment adjusted appropriately.

text: Article 10 - Consultations of High Contracting Parties

text: Compliance

text: 1. Each High Contracting Party shall require that its armed forces and relevant agencies or departments issue appropriate instructions and operating procedures and that its personnel receive training consistent with the relevant provisions of this Protocol.

text: 2. The High Contracting Parties undertake to consult each other and to co-operate with each other bilaterally, through the Secretary-General of the United Nations or through other appropriate international procedures, to resolve any problems that may arise with regard to the interpretation and application of the provisions of this Protocol.

text: Article 11 - Compliance

text: This Technical Annex contains suggested best practice for achieving the objectives contained in Articles 4, 5 and 9 of this Protocol. This Technical Annex will be implemented by High Contracting Parties on a voluntary basis.

text: 1. Recording, storage and release of information for Unexploded Ordnance (UXO) and Abandoned Explosive Ordnance (AXO)

text: (a) Recording of information: Regarding explosive ordnance which may have become UXO a State should endeavour to record the following information as accurately as possible:

text: (i) the location of areas targeted using explosive ordnance;

text: (ii) the approximate number of explosive ordnance used in the areas under (i);

text: (iii) the type and nature of explosive ordnance used in areas under (i);

text: (iv) the general location of known and probable UXO;

text: Where a State has been obliged to abandon explosive ordnance in the course of operations, it should endeavour to leave AXO in a safe and secure manner and record information on this ordnance as follows:

text: (v) the location of AXO;

text: (vi) the approximate amount of AXO at each specific site;

text: (vii) the types of AXO at each specific site.

text: (b) Storage of information: Where a State has recorded information in accordance with paragraph (a), it should be stored in such a manner as to allow for its retrieval and subsequent release in accordance with paragraph (c).

text: (c) Release of information: Information recorded and stored by a State in accordance with paragraphs (a) and (b) should, taking into account the security interests and other obligations of the State providing the information, be released in accordance with the following provisions:

text: (i) Content:

text: On UXO the released information should contain details on:

text: (1) the general location of known and probable UXO;

text: (2) the types and approximate number of explosive ordnance used in the targeted areas;

text: (3) the method of identifying the explosive ordnance including colour, size and shape and other relevant markings;

text: (4) the method for safe disposal of the explosive ordnance.

text: On AXO the released information should contain details on:

text: (5) the location of the AXO;

text: (6) the approximate number of AXO at each specific site;

text: (7) the types of AXO at each specific site;

text: (8) the method of identifying the AXO, including colour, size and shape;

text: (9) information on type and methods of packing for AXO;

text: (10) state of readiness;

text: (11) the location and nature of any booby traps known to be present in the area of AXO.

text: (ii) Recipient: The information should be released to the party or parties in control of the affected territory and to those persons or institutions that the releasing State is satisfied are, or will be, involved in UXO or AXO clearance in the affected area, in the education of the civilian population on the risks of UXO or AXO.

text: (iii) Mechanism: A State should, where feasible, make use of those mechanisms established internationally or locally for the release of information, such as through UNMAS, IMSMA, and other expert agencies, as considered appropriate by the releasing State.

text: (iv) Timing: The information should be released as soon as possible, taking into account such matters as any ongoing military and humanitarian operations in the affected areas, the availability and reliability of information and relevant security issues.

text: 2. Warnings, risk education, marking, fencing and monitoring

text: Key terms

text: (a) Warnings are the punctual provision of cautionary information to the civilian population, intended to minimise risks caused by explosive remnants of war in affected territories.

text: (b) Risk education to the civilian population should consist of risk education programmes to facilitate information exchange between affected communities, government authorities and humanitarian organisations so that affected communities are informed about the threat from explosive remnants of war. Risk education programmes are usually a long term activity.

text: Best practice elements of warnings and risk education

text: (c) All programmes of warnings and risk education should, where possible, take into account prevailing national and international standards, including the International Mine Action Standards.

text: (d) Warnings and risk education should be provided to the affected civilian population which comprises civilians living in or around areas containing explosive remnants of war and civilians who transit such areas.

text: (e) Warnings should be given, as soon as possible, depending on the context and the information available. A risk education programme should replace a warnings programme as soon as possible. Warnings and risk education always should be provided to the affected communities at the earliest possible time.

text: (f) Parties to a conflict should employ third parties such as international organisations and non-governmental organisations when they do not have the resources and skills to deliver efficient risk education.

text: (g) Parties to a conflict should, if possible, provide additional resources for warnings and risk education. Such items might include: provision of logistical support, production of risk education materials, financial support and general cartographic information.

text: Marking, fencing, and monitoring of an explosive remnants of war affected area

text: (h) When possible, at any time during the course of a conflict and thereafter, where explosive remnants of war exist the parties to a conflict should, at the earliest possible time and to the maximum extent possible, ensure that areas containing explosive remnants of war are marked, fenced and monitored so as to ensure the effective exclusion of civilians, in accordance with the following provisions.

text: (i) Warning signs based on methods of marking recognised 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 explosive remnants of war affected area and which side is considered to be safe.

text: (j) An appropriate structure should be put in place with responsibility for the monitoring and maintenance of permanent and temporary marking systems, integrated with national and local risk education programmes.

text: 3. Generic preventive measures

text: States producing or procuring explosive ordnance should to the extent possible and as appropriate endeavour to ensure that the following measures are implemented and respected during the life-cycle of explosive ordnance.

text: (a) Munitions manufacturing management

text: (i) Production processes should be designed to achieve the greatest reliability of munitions.

text: (ii) Production processes should be subject to certified quality control measures.

text: (iii) During the production of explosive ordnance, certified quality assurance standards that are internationally recognised should be applied.

text: (iv) Acceptance testing should be conducted through live-fire testing over a range of conditions or through other validated procedures.

text: (v) High reliability standards should be required in the course of explosive ordnance transactions and transfers.

text: (b) Munitions management

text: In order to ensure the best possible long-term reliability of explosive ordnance, States are encouraged to apply best practice norms and operating procedures with respect to its storage, transport, field storage, and handling in accordance with the following guidance.

text: (i) Explosive ordnance, where necessary, should be stored in secure facilities or appropriate containers that protect the explosive ordnance and its components in a controlled atmosphere, if necessary.

text: (ii) A State should transport explosive ordnance to and from production facilities, storage facilities and the field in a manner that minimises damage to the explosive ordnance.

text: (iii) Appropriate containers and controlled environments, where necessary, should be used by a State when stockpiling and transporting explosive ordnance.

text: (iv) The risk of explosions in stockpiles should be minimised by the use of appropriate stockpile arrangements.

text: (v) States should apply appropriate explosive ordnance logging, tracking and testing procedures, which should include information on the date of manufacture of each number, lot or batch of explosive ordnance, and information on where the explosive ordnance has been, under what conditions it has been stored, and to what environmental factors it has been exposed.

text: (vi) Periodically, stockpiled explosive ordnance should undergo, where appropriate, live-firing testing to ensure that munitions function as desired.

text: (vii) Sub-assemblies of stockpiled explosive ordnance should, where appropriate, undergo laboratory testing to ensure that munitions function as desired.

text: (viii) Where necessary, appropriate action, including adjustment to the expected shelf-life of ordnance, should be taken as a result of information acquired by logging, tracking and testing procedures, in order to maintain the reliability of stockpiled explosive ordnance.

text: (c)Training

text: The proper training of all personnel involved in the handling, transporting and use of explosive ordnance is an important factor in seeking to ensure its reliable operation as intended. States should therefore adopt and maintain suitable training programmes to ensure that personnel are properly trained with regard to the munitions with which they will be required to deal.

text: (d) Transfer

text: A State planning to transfer explosive ordnance to another State that did not previously possess that type of explosive ordnance should endeavour to ensure that the receiving State has the capability to store, maintain and use that explosive ordnance correctly.

text: (e) Future production

text: A State should examine ways and means of improving the reliability of explosive ordnance that it intends to produce or procure, with a view to achieving the highest possible reliability.

text: Technical Annex

summary: During the 1990's the international community became aware of the humanitarian consequences caused by anti-personnel (AP) mines. Yet the problems produced by other forms of unexploded ordnance had not been widely examined. Consequently, there were very few rules of international humanitarian law to minimize the civilian casualties caused by weapons other than AP mines following the end of an armed conflict. At an expert meeting held in Nyon, Switzerland in September 2000, the ICRC called upon States to strengthen the law in this area. Specifically, it proposed that States Parties to the Convention on Certain Conventional Weapons (CCW) negotiate a new protocol on "explosive remnants of war" (ERW). The purpose was to reduce the threat posed by unexploded artillery shells, mortar shells, hand grenades, cluster munitions, bombs and similar weapons often found after the end of active hostilities. The issue was subsequently placed on the agenda of the preparatory meetings for the Second CCW Review Conference that took place in 2000 and 2001. When the Review Conference convened in December 2001, there was wide support for work on explosive remnants of war, and States Parties established a Group of Governmental Experts to examine ways to address the problem. The Group met for three sessions in 2002 and considered a range of measures on the clearance of ERW, the provision of warnings to civilians and the sharing of information among organizations and parties to the conflict. The Group also considered improvements on the fusing of certain weapons and restrictions on the use of cluster munitions. When States Parties met in December 2002, there was growing consensus that a new protocol could be concluded on post conflict measures to minimize the impact of ERW, and the Group of Governmental Experts was mandated to negotiate the instrument. Separate from its negotiations, the Group also continued its work on the fusing of certain weapons and restrictions on the use of cluster munitions. After holding negotiating sessions in March, June and November 2003, the Group finalized and submitted a draft protocol for States Parties to consider. The Protocol on Explosive Remnants of War was adopted by States Parties on 28 November 2003. It is the first multilateral agreement to deal with the wide range of unexploded and abandoned ordnance that regularly threaten civilians, peacekeepers and humanitarian workers after the end of an armed conflict. Importantly, the negotiations and adoption of the final text included all the major military powers. Together with the Convention on the Prohibition of Anti-personnel Mines, the Protocol on Explosive Remnants of War is an important element in the efforts to end the post-conflict death, injury and suffering that is a regular feature of modern warfare.