Cluster Munitions and International Law

Cluster Munitions and International Law
Author: Alexander Breitegger
Publisher: Routledge
Total Pages: 252
Release: 2012-03-12
Genre: Law
ISBN: 1136507183

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This book offers a comprehensive argument for why pre-existing international law on cluster munitions was inadequate to deal with the full scope of humanitarian consequences associated with their use. The book undertakes an interdisciplinary legal analysis of restraints and prohibitions on the use of cluster munitions under international humanitarian law, human rights law, and international criminal law, as well as in relation to the recently adopted Convention on Cluster Munitions (CCM). The book goes on to offer an in-depth substantive and procedural analysis of the negotiations which led to the 2008 CCM, in part based on the author’s experiences as an adviser to Cluster Munitions Coalition-Austria. Cluster Munitions and International Law is essential reading for practitioners and scholars of International Law, including International Humanitarian, Human Rights, International Criminal or Disarmament Law and anyone interested in legal and humanitarian perspectives on cluster munitions legislation and policy. It is unique in bringing a practitioner’s perspective to a scholarly work.

The Convention on Cluster Munitions

The Convention on Cluster Munitions
Author: Gro Nystuen
Publisher: Oxford University Press
Total Pages: 866
Release: 2010-10-21
Genre: History
ISBN: 0199599009

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This is a commentary on the legislation around the use of cluster munitions in warfare.--

Creating Consensus

Creating Consensus
Author: Geetanjali Mukherjee
Publisher: Geetanjali Mukherjee
Total Pages: 236
Release: 2014-09-22
Genre: Political Science
ISBN: 1537863088

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This book analyses the events leading up to the cluster munitions ban, the provisions of the treaty, as well as assesses the progress made in the years since towards a world without the presence of cluster munitions. Cluster bombs are weapons that are small but deadly. They often look like small metal canisters, and some of them are painted, giving them the innocuous appearance of a soda can. The unexploded submunitions that are scattered on the ground, in effect, act as landmines, that can kill or severely injure anyone who comes across them, sometimes even years and decades later. It has been reported that 98% of all casualties of cluster munitions are civilians, of which one-third are children. Cluster munitions have been used in numerous conflicts since the Second World War, and it has been estimated that at least 1 billion submunitions were stockpiled globally. The campaign to ban cluster munitions faced a monumental and nearly impossible task – to convince governments to agree to stop using a valuable weapon that they stockpiled by the hundreds of thousands, in a political climate where the interests of national security and state sovereignty outweighed humanitarian concerns in almost every instance. However, where many international agreements failed and diplomatic processes stalled, the campaign to ban cluster munitions succeeded. Despite strong opposition from many countries, 107 countries met in Dublin in May 2008 to negotiate and adopt a treaty prohibiting the use, production, transfer and stockpiling of cluster munitions. The outcome of the Oslo Process was a ray of hope among the usual cynicism and disenchantment of similar international processes. This book explores this question: how was this accomplished, and are there any wider lessons to be learned from it?

Convention on Cluster Munitions

Convention on Cluster Munitions
Author: Various Authors
Publisher: Good Press
Total Pages: 38
Release: 2021-04-11
Genre: Political Science
ISBN:

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The Convention on Cluster Munitions is an international treaty that forbids the use, transfer, production, and accumulation of cluster bombs, a type of explosive weapon which scatters submunition over an area. In addition, it establishes a framework to sustain victim assistance, clearance of contaminated sites, risk reduction education, and stockpile demolition. This convention was adopted on 30 May 2008 in Dublin and entered into force on 1 August 2010.

Staying Strong

Staying Strong
Author: Bonnie Lynn Docherty
Publisher:
Total Pages: 73
Release: 2014
Genre: Cluster bombs (International law)
ISBN: 9781623131869

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"This 73-page report urges countries to pass robust national legislation as soon as possible to carry out the provisions of the treaty. The report describes the elements of a comprehensive law and highlights exemplary provisions in existing laws. The report was jointly published with Harvard Law School's International Human Rights Clinic."--Publisher's website.

A Guide to International Disarmament Law

A Guide to International Disarmament Law
Author: Stuart Casey-Maslen
Publisher: Routledge
Total Pages: 287
Release: 2019-05-24
Genre: Law
ISBN: 1351108093

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Disarmament is integral to the safeguarding and promotion of security, development, and human rights. Hundreds of millions of dollars are spent each year on disarmament operations, yet no comprehensive guide exists to explain clearly the international rules governing disarmament. This book seeks to fill that gap. It describes the international legal rules that govern disarmament and the operational, political, and technical considerations that govern their implementation. This book aims to support compliance, implementation, and further development of international disarmament law. Traditionally, disarmament focused on weapons of mass destruction. This remains a critically important area of work. In recent decades, the scope of disarmament has broadened to encompass also conventional weapons, including through the adoption of rules and regulations to govern arms transfers and measures to eliminate specific munitions from stockpiles and to destroy explosive remnants of war. There have also been four "generations" of programmes to address small arms and light weapons at national or sub-national level through disarmament, demobilisation, and reintegration (DDR) programmes during and following the end of armed conflict. While an internationally accepted definition of disarmament does not yet exist, it is widely agreed that disarmament encompasses or interrelates with prohibitions and restrictions on the development, production, stockpiling, testing, and transfer of weapons and on their destruction. In addition to clarifying these elements, chapters of this guide will also consider the relationship between disarmament and the law of armed conflict, and with the United Nations Security Council, human security, public health, and non-state actors.

Cluster Munitions and International Humanitarian Law, to be Reconciled?

Cluster Munitions and International Humanitarian Law, to be Reconciled?
Author: Julien Bury
Publisher:
Total Pages:
Release: 2008
Genre:
ISBN:

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Main question to be answered is: Does the use of cluster munitions form an infringement to the general rules of international humanitarian law?

The Arms Trade Treaty: A Commentary

The Arms Trade Treaty: A Commentary
Author: Andrew Clapham
Publisher: Oxford University Press
Total Pages: 587
Release: 2016-07-28
Genre: Law
ISBN: 0191035343

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The United Nations Arms Trade Treaty became binding international law in late 2014, and although the text of the treaty is a relatively concise framework for assessing whether to authorize or deny proposed conventional weapons transfers by States Parties, there exists controversy as to the meaning of certain key provisions. Furthermore, the treaty requires a national regulatory body to authorize proposed transfers of conventional weapons covered by the treaty, but does not detail how such a body should be established and how it should effectively function. The Arms Trade Treaty: A Commentary explains in detail each of the treaty provisions, the parameters for prohibitions or the denial of transfers, international cooperation and assistance, and implementation obligations and mechanisms. As states ratify and implement the Treaty over the next few years, the commentary provides invaluable guidance to government officials, commentators, and scholars on the meaning of its contentious provisions. This volume describes in detail which weapons are covered by the treaty and explains the different forms of transfer that the Arms Trade Treaty regulates. It covers international human rights, trade, disarmament, humanitarian law, criminal law, and state-to-state use of force, as well as the application of the treaty to non-state actors.

A Dying Practice

A Dying Practice
Author: Bonnie Lynn Docherty
Publisher: Human Rights Watch
Total Pages: 88
Release: 2009
Genre: History
ISBN: 1564324699

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Technical and legal background on cluster munitions -- The belligerents and the cluster munitions used -- Use of cluster munitions by Russia -- Use of cluster munitions by Georgia -- Clearance and risk education -- Conclusion.