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Cluster Munition Monitor 2012
Two states adopted legislation before the convention was concluded
in May 2008 (Austria and Belgium), two adopted legislation in 2008
prior to signing the convention in December (Ireland and Norway),
four adopted legislation in 2009 (Germany, Japan, Luxembourg, and
New Zealand), four in 2010 (Ecuador, France, Spain, and the UK),
three in 2011 (Cook Islands, Czech Republic, and Italy), and three in
the first half of 2012 (Hungary, Sweden, and Switzerland).
In the reporting period four states were added to the Monitor’s list of
states with implementing legislation.
• Ecuador informed States Parties in September 2011 that it had
amended its penal code in May 2010 to enforce the Convention
on Cluster Munitions. 175
• Hungary amended its Penal Code in March 2012 to include
cluster munitions as an internationally prohibited weapon and
to enact penal sanctions for the “procurement, use, manufacture,
and transfer” of cluster munitions. 176
• Sweden’s Law 179 on “Penalties for Illicit Dealing with Cluster
Munitions” was enacted on 4 April 2012. 177
• Switzerland’s National Council and Council of States adopted
amendments in March 2012 to revise the Federal Law on War
Material of 13 December 1996 to incorporate cluster munitions
in its provisions. 178
Legislation under consideration
At least 22 other States Parties or signatories have said that they are
in the process of drafting, reviewing, or adopting national legislation:
Australia, Benin, BiH, Bulgaria, Burundi, Canada, Central African
States that have enacted national
legislation
State
Year enacted
Austria 2008
Belgium 2006
Cook Islands 2011
Czech Republic 2011
Ecuador 2010
France 2010
Germany 2009
Hungary 2012
Ireland 2008
Italy 2011
Japan 2009
Luxembourg 2009
New Zealand 2009
Norway 2008
Spain 2010
Sweden 2012
Switzerland 2012
UK 2010
Republic, Croatia, Cyprus, Ghana, Grenada, Guatemala, Lao PDR, Lebanon, Malawi, Mali, Mexico, St. Vincent and
the Grenadines, Sierra Leone, Uganda, and Zambia. Several of these states made progress toward enacting national
legislation in the second half of 2011 and the first half of 2012:
• Australia’s ministers of defense and foreign affairs and the attorney-general issued a joint statement in November
2011 expressing the government’s view that draft implementation legislation, the Criminal Code
Amendment (Cluster Munitions Prohibition) Bill 2010, “faithfully implements” the Convention on Cluster
Munitions. 179 As of 31 July 2012, the Bill was still awaiting its third and possibly final reading. 180 The draft
legislation has been strongly criticized by the CMC and Australian NGOs. 181
• Bulgaria stated in April 2012 that it is considering adopting specific legislation to implement the convention,
including penal sanctions for violations. 182
175
Law Amending the Penal Code to the definition of crimes committed in the military and police (Ley Reformatoria al Código Penal y Código
de Procedimientos Penal para la Tipificación y Juzgamiento de los Delitos Cometidos en el Servicio Militar y Policial) adopted 19 May
2010. http://derechoecuador.com/index.phpoption=com_content&view=article&id=5588:registro-oficial-no-196-miercoles-19-de-mayode-2010-suplemento&catid=332:mayo&Itemid=588#ASAMBLEANACIONAL.
176
Statement of Hungary, Convention on Cluster Munitions Intersessional Meeting, Geneva, 16 April 2012. http://www.clusterconvention.org/
files/2012/04/CCM-speech-Hungary-delivered.pdf.
177
Svensk författningssamling 2012:179, “Lag (2012:179) om straff för olovlig befattning med klusterammunition,” (Swedish Code of Statutes
2012:179, “Act (2012:179): Penalties for Illicit Dealings with Cluster Munitions”), 4 April 2012. http://www.riksdagen.se/sv/Dokument-
Lagar/Lagar/Svenskforfattningssamling/sfs_sfs-2012-179/.
178
“Loi fédérale sur le matériel de guerre (LFMG). Modification du 16 mars 2012” (Federal Law on War Materiel (LFMG). Amendment of 16
March 2012), 16 March 2012. http://www.admin.ch/ch/f/ff/2012/3213.pdf.
179
The statement was issued jointly by the Minister for Defence Stephen Smith, the then-Minister of Foreign Affairs Kevin Rudd, and the
then-Attorney-General Robert McClelland. Statement by Minister of Defence, Minister of Foreign Affairs, and Attorney-General, “Australia
committed to Cluster Munitions Convention,” 23 November 2011. http://www.minister.defence.gov.au/2011/11/23/minister-for-defenceaustralia-committed-to-cluster-munitions-convention/.
180
For full analysis of the draft legislation, see: CMC, Cluster Munition Monitor 2011 (Ottawa: Mines Action Canada, October 2011), p.
187. See also: http://www.stopclustermunitions.org/news/id=3198. The Bill prohibits the use, production, transfer, and stockpiling of
cluster munitions and, according to the Attorney-General, includes penalties of up to 10 years imprisonment for individuals, or A$330,000
($303,600) for bodies corporate for violations of these prohibitions. Attorney-General Robert McClelland, Second Reading of Criminal
Code Amendment (Cluster Munitions Prohibition) Bill 2010, October 27, 2010, parlinfo.aph.gov.au. Average exchange rate for 2010:
A$1=US$0.92. US Federal Reserve, “List of Exchange Rates (Annual),” 6 January 2011.
181
CMC statement, “CMC recommendations on draft bill for Australia to ratify and implement the Convention on Cluster Munitions,” 9 May
2011. http://www.stopclustermunitions.org/the-problem/countries/id=3046. See also: http://bit.ly/fixthebill.
182
Legislation to ratify the convention was passed on 10 February 2011 published in the Official Gazette on 18 February 2011 as Decree No. 28.
“Law on the ratification of the Convention on Cluster Munitions,” Decree No. 28, adopted 10 February 2011.
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