Communication from the Ministry of Foreign Affairs No. 21 / 1999 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Convention on the Prohibition or Restriction of the Use of Certain Conventional Weapons, which may cause excessive suffering or have non-discriminatory effects, the Additional Protocol to the Convention on the Prohibition or Restriction of the Use of Certain Conventional Weapons, which may cause excessive suffering or restrict the use of certain Conventional Weapons, and the Protocol on the Prohibition or Restriction of Use of Certain Conventional Weapons, which may cause excessive suffering or cause non-discriminatory effects
Valid
International Treaty
Effective from 02.12.1983
Text versions:
29.01.1999
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21
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 10 October 1980 the Convention on the Prohibition or Restriction of the Use of Certain Conventional Weapons was adopted in Geneva, which may cause excessive suffering or have indiscriminate effects.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in New York on 10 April 1981.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and the President of the Republic ratified the Convention.
The instruments of ratification of the Czechoslovak Socialist Republic were deposited with the Secretary-General of the United Nations, depositary of the Convention, on 31 August 1982.
When ratifying the Convention, the Czechoslovak Socialist Republic has given its consent to be bound by:
Protocol on undetectable shards (Protocol I),
Protocol to prohibit or restrict the use of mines, traps and other devices (Protocol II); and
Protocol to prohibit or restrict the use of firearms (Protocol III).
The Convention entered into force on 2 December 1983 on the basis of Article 5 (1) and entered into force on 2 December 1983 for the Czechoslovak Socialist Republic.
On 22 February 1993, the Czech Republic notified the Secretary-General of the United Nations that it was deemed to be bound by the Convention on the Prohibition or Restriction of the Use of Certain Conventional Weapons, which may cause excessive suffering or have indiscriminate effects, including the Protocols of 10 October 1980, with effect from 1 January 1993.
On 13 October 1995, the Conference of the Parties to the Convention was adopted at its 8th plenary session.
Additional Protocol to the Convention on the Prohibition or Restriction of the Use of Certain Conventional Weapons, which may cause excessive suffering or have non-discriminatory effects (Protocol on Blinding Laser Weapons - Protocol IV); and
It was adopted at the 14th plenary session of the Conference of the Parties to the Convention on 3 May 1996.
Protocol of 3 May 1996 on the prohibition or restriction of the use of mines, traps and other devices (Protocol II as amended on 3 May 1996) annexed to the Convention on the Prohibition or Restriction of the Use of Certain Conventional Weapons, which may cause excessive suffering or cause indiscriminate effects.
The Additional Protocol and Protocol II, as amended on 3 May 1996, were agreed by the Parliament of the Czech Republic and the President of the Republic accepted the Protocols.
The Additional Protocol (Protocol IV) entered into force on the basis of its Article 2 and Article 5 (4) of the Convention on 30 July 1998 and enters into force for the Czech Republic on 10 February 1999.
Protocol II, as amended on 3 May 1996, entered into force on the basis of its Article 2 and Article 5 (4) of the Convention on 3 December 1998 and enters into force for the Czech Republic on 10 February 1999.
The Czech translation of the Convention and Protocols is being announced simultaneously.
CONVENTION
prohibiting or restricting the use of certain conventional weapons which may cause excessive suffering or cause indiscriminate effects
High Contracting Parties:
Recalling that each State has an obligation, in accordance with the UN Charter, to refrain in its international relations from using force or threat by force against sovereignty, territorial integrity or political independence of another State or in any other way incompatible with UN objectives,
Recalling the general principle of protecting the civilian population against the effects of military actions,
building on the principle of international law that the right of parties in armed conflict to choose the methods and methods of conduct of war is not unlimited, and the principle that prohibits the use of weapons, ammunition, materials and methods of conduct of war in armed conflicts, which lead to extreme damage and unnecessary suffering,
Recalling that it is prohibited to use methods or means of conducting war that are expected to cause, or are intended to cause, extensive, long-term and serious damage to the environment,
reaffirming its commitment to the protection and application of principles of international law based on established customs, the principles of humanity and public conscience, in cases not covered by this Convention, in protocols annexed thereto or in other international agreements,
Desiring to contribute to international easing, ending arms races and establishing trust between states and from there to realise the desire of all mankind to live in peace,
Recognising the importance of all efforts which may contribute to progress towards general and full disarmament as strict and effective international control,
reaffirming the need to continue codification and progressive development of international law standards applicable in armed conflicts,
Desiring that the use of certain conventional weapons should be prohibited or more restricted and that the positive results achieved in this area may facilitate the main disarmament negotiations in order to stop the production, accumulation and spread of such weapons,
highlighting the need for all States of particular military importance to become Parties to this Convention and to the Protocols annexed thereto,
Bearing in mind that the UN General Assembly and the UN Disarmament Commission may decide to examine the question of the possible extension of the scope of the prohibitions and restrictions contained in this Convention and the protocols annexed thereto,
furthermore, bearing in mind that the Disarmament Committee may decide to consider the issue of taking further measures to prohibit or restrict the use of certain conventional weapons,
agree on the following:
Scope of application
This Convention and the Protocols annexed thereto shall apply to the situations referred to in Article 2 of the Geneva Conventions of 12 August 1949 on the Protection of War Victims, including all situations referred to in paragraph 4 of Article 1 of Additional Protocol I thereto.
Relationship with other international agreements
Nothing in this Convention and the Protocols annexed thereto shall be construed as withdrawing from other obligations arising from international humanitarian law applicable in the armed conflict for the High Contracting Parties.
Signature
This Convention shall be open for signature to all States at the UN headquarters in New York for a period of 12 months from 10 April 1981.
Ratification, acceptance, approval or access
1. This Convention shall be subject to ratification, acceptance or approval by the signatory States. Any State which has not signed the Convention may accede to it.
2. The instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.
3. The expression of consent to be bound by any Protocol annexed to this Convention shall be optional for each State, provided that, at the time of the deposit of instruments of ratification, acceptance or approval of this Convention, the depositary is informed of its consent to be bound by two or more protocols.
4. At any time following the deposit of instruments of ratification, acceptance or approval of this Convention, the State may notify the depositary of its consent to be bound by any annexed Protocol to which it has not yet been bound.
5. Any Protocol by which a High Contracting Party is bound shall constitute an integral part of this Convention for that Party.
Entry into force
1. This Convention shall enter into force six months after the deposit of the 20th instrument of ratification, acceptance, approval or accession.
2. For each State which deposits its instrument of ratification, accession, approval or accession after the date of deposit of the 20th instrument of ratification, acceptance, approval or accession, this Convention shall enter into force six months after the date on which the State deposited its instrument of ratification, acceptance, approval or accession.
3. Each of the protocols annexed to this Convention shall enter into force six months after the date on which 20 States notify their consent to be bound by it in accordance with paragraph 3 or 4 of Article 4 of this Convention.
4. For each State which notifies its consent to be bound by the Protocols annexed to this Convention after the date on which 20 States notified their consent to be bound by them, the Protocols shall enter into force six months after the date on which the State notified its consent to be so bound.
Expansion
The High Contracting Parties undertake to extend, as far as possible, this Convention and those of the Protocols annexed thereto to it, both at a time of peace and during an armed conflict, and in particular to include their study in the military training programme so that their armed forces can be informed thereof.
Contractual relations after the entry into force of this Convention
1. Where one of the parties involved in the conflict is not bound by any of the annexed protocols, the Parties bound by this Convention and this Protocol shall remain bound by them in their mutual relations.
2. Each High Contracting Party shall be bound by this Convention and by each Protocol annexed thereto, which entered into force for it, in each of the situations referred to in Article 1, in respect of each State which is not a Party to this Convention and which is neither bound by the relevant annexed Protocol if that State adopts and applies this Convention or the relevant Protocol and informs the depositary thereof.
3. The depositary shall inform the High Contracting Parties without delay of any notification received under paragraph 2 of this Article.
4. This Convention and the annexed Protocols by which the High Contracting Party is bound shall apply to the armed conflict against the High Contracting Party to which Article 1 (4) of Additional Protocol I to the Geneva Convention of 12 August 1949 applies to the protection of war victims:
(a) if the High Contracting Party is also a Party to Additional Protocol I and if the authority referred to in Article 96 (3) of this Protocol has undertaken to apply the Geneva Convention and the Additional Protocol I, in accordance with Article 96 (3) of that Protocol, undertake to apply this Convention and the relevant annexed Protocols to this conflict; or
(b) where the High Contracting Party is not a Party to Additional Protocol I and an authority of the type referred to in subparagraph (a) above accepts and applies the commitments of the Geneva Conventions and this Convention and the relevant annexed protocols to this conflict. Such acceptance and use will have the following effects in relation to this conflict:
(i) the Geneva Conventions and this Convention and its relevant annexed Protocols shall enter into force for the Parties to the conflict with immediate effect;
(ii) the said authority shall adopt the same rights and obligations as those adopted by the High Contracting Party in the Geneva Conventions and the relevant Protocols annexed thereto; and
(iii) The Geneva Conventions, this Convention and the relevant Protocols annexed thereto are equally binding on all parties to the conflict.
The High Contracting Party and the Authority may also agree to accept and apply commitments under Additional Protocol I to the Geneva Conventions on a reciprocal basis.
Revision and changes
1. (a) Any High Contracting Party may, at any time after the entry into force of this Convention, propose amendments to this Convention or to any annexed Protocol to which it is bound. Each draft amendment shall be notified to the depositary, which shall communicate it to all the High Contracting Parties and request their opinion on the possible convening of a conference to discuss the proposal. If a majority, at least 18 of the High Contracting Parties, agrees to this, the depositary shall convene without delay a conference at which all High Contracting Parties will be invited. States not party to this Convention shall be invited to the Conference as observers.
(b) This Conference may agree to amendments which will be adopted and which will enter into force in the same way as this Convention and the Protocols annexed thereto, provided that amendments to the Convention can only be accepted by the High Contracting Parties and that amendments to a particular annexed Protocol can only be adopted by the High Contracting Parties bound by this Protocol.
2. (a) At any time after the entry into force of this Convention, the High Contracting Parties may propose additional Protocols relating to other categories of conventional weapons not covered by existing Protocols. Any such proposal for an Additional Protocol shall be notified to the depositary, which shall communicate it to all High Contracting Parties in accordance with paragraph 1a of this Article. If the majority, at least 18 of the High Contracting Parties, agrees, the depositary shall convene without delay a conference to which all States will be invited.
(b) This Conference, with the full participation of States represented at the Conference, may approve additional protocols to be adopted in the same way as this Convention, shall be annexed to it and enter into force as referred to in paragraphs 3 and 4 of Article 5.
3. (a) If, after a 10-year period from the entry into force of this Convention, no conference has been convened under subparagraphs 1a and 2a of this Article, each High Contracting Party may request the depositary to convene a conference to which all High Contracting Parties would be invited to examine the scope and operation of this Convention and the protocols attached thereto and to examine any proposal for amendments to this Convention or to existing Protocols. States not party to this Convention shall be invited to the Conference as observers. The Conference may agree to amendments to be adopted which shall enter into force in accordance with subparagraph 1b above.
(b) Any proposal for additional protocols concerning other conventional arms categories not included in the existing annexed protocols may also be considered at this conference. All States represented at the conference may participate fully in this assessment. Any Additional Protocols shall be adopted in the same way as this Convention and shall be annexed thereto and shall enter into force as provided for in paragraphs 3 and 4 of Article 5 of this Convention.
(c) Such a conference may consider whether, at the request of any High Contracting Party, measures should be taken to convene a further conference if, after a similar period as referred to in paragraph 3a of this Article, no conference has been convened under subparagraph 1a or 2a of this Article.
Termination
1. Any High Contracting Party may terminate this Convention or any Protocol annexed thereto by informing the depositary thereof.
2. Any such denunciation shall take effect one year after the depositary receives the notification of termination. However, if, after the expiry of this year, the High Contracting Party which has terminated the Convention or the Protocol finds itself in one of the situations referred to in Article 1, that Party shall continue to be bound by the obligations of this Convention and the relevant Protocols annexed thereto until the end of the armed conflict or occupation and in any event until the end of the operations related to the final release, repatriation or establishment of persons under the protection of the international law standards applicable in the armed conflict and, in the case of any annexed Protocol containing provisions concerning situations in which UN forces or missions perform functions of peace, observation or similar function in the area concerned, until the end of those functions.
3. Any denunciation of this Convention shall also be deemed to apply to all the annexed Protocols by which the testifying High Contracting Party is bound.
4. Each notice shall be valid only for the High Contracting Party which has notified the notice.
5. No denunciation shall affect the obligations already agreed by the testifying High Contracting Party, because of the armed conflict, under this Convention and the protocols annexed thereto for any action taken before the termination takes effect.
Depository
(1) The Secretary-General of the United Nations shall be the depositary of this Convention and the Protocols annexed thereto.
2. In addition to its usual functions, the depositary shall inform all States of:
(a) signatures of this Convention pursuant to Article 3;
(b) the deposit of instruments of ratification, acceptance or approval or access to this Convention pursuant to Article 4;
(c) notification of consent to be bound by the accompanying protocols referred to in Article 4;
(d) the dates on which this Convention and the Protocols annexed thereto enter into force in accordance with Article 5; and
(e) notifications of termination received pursuant to Article 9 and of their date of validity.
Authenticity of texts
The original of this Convention with the annexed Protocols, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified copies to all States.
PROTOCOL ON UNSUFFICIENT CEREALS
(Protocol I)
It is prohibited to use any weapon the primary effect of which is to injure shrapnel which is undetectable in the human body by X-rays.
PROTOCOL ON PROHIBITION OR RESTRICTIONS ON THE USE OF MINES, ATTENDINGS AND OTHER INSTALLATIONS
(Protocol II)
Material scope of use
This Protocol shall apply to the use of landmines, traps and other means defined here, including those laid down to prevent access to coastal zones, waterways or inland waterways, but shall not apply to the use of anti-ship mines at sea or inland waterways.
Definitions
For the purposes of this Protocol:
1. "Mina" means all ammunition located below, above or near the ground or near the ground or other surface and designed to detonate or explode by the presence, proximity or contact of a person or vehicle, and "remote mine" means any mine so defined as to be transported by cannons, missiles, mortars or similar means or thrown from aircraft.
2. "Fail" means any device or material which is intended, constructed or designed to be used for killing or injury and which acts unexpectedly in contact with or approaching a person's seemingly harmless object or in performing a seemingly safe operation.
3. "Other means" means hand-placed ammunition and observations intended for killing, injury or damage that are activated by remote control or automatically after a certain period of time.
4. "Military objective" means, in respect of objects, any object which, by its nature, location, purpose or use, effectively contributes to military actions and whose total or partial destruction, occupation or neutralisation, in the circumstances existing at that time, constitutes a clear military advantage.
5. "Civil objects" are all objects which are not military targets as defined in paragraph 4.
6. "Recording" refers to physical, administrative and technical actions aimed at obtaining all available information to determine the location of mine fields, mines and traps for registration in official records.
General restrictions on the use of mines, traps and other devices
1. This Article concerns:
(a) min;
(b) a trap; and
(c) other means.
2. Under all circumstances, the use of the weapons covered by this Article shall be prohibited, either in attack, defence or repression against the civilian population as such or against individual civilians.
3. The non-differentiated use of the weapons covered by this Article shall be prohibited. Non-differentiated use is any location of such weapons:
(a) which is outside the military object or is not directed against the military object; or
(b) which includes a method or means of transport which cannot be targeted at a specific military objective; or
(c) which may be expected to cause accidental loss of civilian life, injury, damage to civilian objects or a combination of such loss and damage which would be excessive in terms of the expected specific and direct military advantage.
4. All possible security measures shall be taken to protect civilians against the effects of the weapons concerned by this Article. Possible security measures are those which are feasible or practically possible in view of all the circumstances existing at that time, including humanitarian and military considerations.
Restrictions on the use of mines other than remote mines, traps and other means in populated areas
1. This Article concerns:
(a) mines other than mines for remote mining;
(b) a trap; and
(c) other means.
2. It shall be prohibited to use the weapons covered by this Article in large cities, cities, villages or other areas having similar concentrations of civilian populations in which there is neither a fight between ground forces nor an imminent threat to the environment, unless:
(a) either are not located in or in close proximity to a military object belonging to the other party or under its control; or
(b) measures are not taken to protect civilians from their effects, for example by installing warning signs, setting up patrols, putting out warnings or fencing positions.
Restrictions on the use of mines for remote mining
1. The use of remote mine mines shall be prohibited unless such mines are used only in an area which is itself a military target or which includes military objects and where:
(a) their deployment cannot be accurately recorded in accordance with Article 7 1a; or
(b) an effective neutralisation mechanism is not used for each such mine, i.e. a self-activation mechanism intended to secure or self-destruct the mine when it is assumed that the mine will no longer serve the military purpose for which it was placed or a remotely controlled mechanism intended to secure or destroy the mine when the mine no longer serves the military purpose for which it was used.
2. A timely effective warning shall be given before any landmines that may affect the civilian population are transported or overthrown, if circumstances permit.
Prohibition of the use of certain traps
1. In accordance with the rules of international law applicable in armed conflicts and relating to treason and credibility, it shall under all circumstances be prohibited to use:
(a) any trap in the form of a seemingly harmless portable object which is specially designed and constructed to contain explosive material and detonate when a collision or approach occurs; or
(b) traps which are in any way related to:
(i) internationally recognised protection emblems, signs or signals;
(ii) sick, injured or dead persons;
(iii) burial or cremation sites or graves;
(iv) medical establishments, medical equipment, medical consignments or medical transport;
(v) children's toys or other portable objects or products, specially designed for eating, health, hygiene, dressing or raising children;
(vi) food or drink;
(vii) kitchen utensils or appliances, unless they are in military facilities, structures or military supply warehouses;
(viii) objects of a clearly religious nature;
(ix) historical monuments, works of art or places of worship which represent the cultural or spiritual heritage of nations;
(x) animals or carcasses.
2. Under all circumstances, it shall be prohibited to use any trap intended to cause excessive injury or unnecessary suffering.
Recording and publication of the location of minefields, mines and traps
1. The parties to the conflict will record the location of:
(a) any pre-planned mine fields to be laid; and
(b) all areas in which they have used a wide-scale and pre-planned trap.
2. The Parties shall endeavour to ensure that all other mine fields, mines and traps they have laid or placed are recorded.
3. All such records shall be kept by the parties to the conflict which shall:
(a) immediately after the end of active hostility:
(i) take all necessary and appropriate measures, including the use of such records, to protect civilians from the effects of minefields, mines and traps; and
(ii) in cases where the troops of either Party are not in the territory of the other Party, provide the Secretary-General of the United Nations and each other with all the information at their disposal on the location of the mine fields, mines and traps in the territory of the other Party; or
(iii) upon full redeployment of the parties' troops from the territory of the other Party, make available to the other Party and to the Secretary-General of the United Nations all the information they have on the location of the mine fields, mines and traps in the territory of the other Party;
(b) if they fulfil their functions as a UN unit or mission in any area, make available to the authority referred to in Article 8 the information required in this Article;
(c) whenever possible, ensure, by mutual agreement, the release of information concerning minefields, mines and pitfalls, in particular in agreements to end hostility.
Protection of UN units and missions against minefields, mines and traps
1. If a UN unit or mission performs a peacekeeping function, observation function or any other function in the area, then each party to the conflict, if requested by the head of the UN forces or mission in the area, shall, if possible:
(a) remove or dispose of any mines or traps in that area;
(b) take such measures as are necessary to protect units or missions from the effects of minefields, mines and traps in the performance of their duties; and
(c) make available to the head of the UN unit or mission in this area any information that this Party has on the location of mine fields, mines or traps in the area.
2. Where there is a UN investigating mission in the area concerned, each party to the conflict shall provide protection to that mission, except where, given the size of such mission, it cannot adequately provide such protection. In this case, the Head of Mission shall make available the information he has on the location of the mine fields, mines and traps in the area.
International cooperation in the removal of minefields, mines and traps
After the end of active hostility, the Parties shall endeavour to reach an agreement between themselves and, where appropriate, with other States and international organisations on the provision of information, technical and material assistance - including, under appropriate circumstances, joint operations necessary to eliminate or otherwise eliminate minefields, mines and pitfalls located during the conflict.
TECHNICAL ANNEX TO PROTOCOL ON PROTOCOL ON THE PROHIBITION OR RESTRICTIONS ON THE USE OF MINES, ATTENDINGS AND OTHER EQUIPMENT (PROTOCOL II)
Marketing Authorisation Directive
Whenever a commitment to register the location of minefields, mines and pitfalls is made in accordance with this Protocol, these directives will have to be followed.
1. Taking into account pre-planned minefields and extensive and pre-planned use of traps:
(a) maps, drawings or other records should be drawn up in such a way as to indicate the extent of the mine fields or traps; and
(b) the location of the mine fields or traps should be specified, taking into account the coordinates of the single indicative point and the estimated dimensions of the area containing the mines and traps in relation to that single indicative point.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No 21 / 1999 Coll., on the negotiation of the Convention on the Prohibition or Restriction of the Use of Certain Conventional Weapons, which may cause excessive suffering or cause indiscriminate effects, the Additional Protocol to the Convention on the Prohibition or Restriction of the Use of Certain Conventional Weapons, and the Protocol on Prohibition or Restriction of Use of Mines, Causes and Other Means, as amended on 3 May 1996 (Protocol II as amended on 3 May 1996) annexed to the Convention on Prohibition or Restriction of Use of Certain Conventional Weapons, which may cause excessive suffering or have non-discriminatory effects |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.01.1999 |
|---|---|
| Effective from | 02.12.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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