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The U.S. reservation to Article 7(4)(b) of the CCW is consistent with the longstanding objectionsof the United States to Article 1(4) of AP I regarding national liberation movements. 24519.21.1.3 CCW and Customary International Law. The restrictions andprohibitions in the CCW and its Protocols on weapons generally have not been based on thepremise that such restrictions or prohibitions are warranted because the weapons at issue arecalculated to cause superfluous injury or are inherently indiscriminate. 246 Rather, the CCW andProtocols have been drafted on the basis that they are largely new contractual rules, and not arestatement of existing customary international law. 24719.21.2 CCW Protocol I. CCW Protocol I prohibits the use of weapons whose primaryeffect is to injure by fragments not detectable by X-rays. 248CCW Protocol I was adopted by the first CCW Conference in 1980. The United Statesaccepted CCW Protocol I on March 24, 1995, when it deposited its instrument of ratification tothe CCW. 24919.21.3 CCW Amended Mines Protocol. The CCW Amended Mines Protocol addresseslandmines, booby-traps, and other devices. 250CCW Protocol II on Mines, Booby-traps and Other Devices was adopted by the firstCCW Conference in 1980. The United States accepted CCW Protocol II on March 24, 1995,when it deposited its instrument of ratification to the CCW. 251CCW Protocol II was later substantially amended by the first Review Conference ofCCW States Parties, which concluded its work on May 3, 1996. The CCW Amended Mines245 Refer to § 3.3.4 (AP I Provision on National Liberation Movements).246 George Aldrich, Ambassador, Chairman of the Delegation, Report of the United States Delegation to the UnitedNations Conference on Prohibitions or Restrictions of Use of Certain Conventional Weapons Which May beDeemed to be Excessively Injurious or to have Indiscriminate Effects, Second Session, Geneva, Switzerland,September 15-October 10, 1980, 16 (Jan. 15, 1981) (“Finally, it is significant to note that the Conference ended withno finding that these restrictions and prohibitions were imposed because of any agreed belief or finding that theywere in fact excessively injurious or had indiscriminate effects. Thus the adoption of this Convention in no wayaffects the legality, under the customary and conventional law of war, of past uses of these weapons in the modes tobe restricted or prohibited. The restrictions and prohibitions contained in the Convention were recognized by theConference as being primarily new contractual rules which would only bind parties in the future.”).247 United States, Statement on Signature of the CCW, Apr. 8, 1982, 1342 UNTS 255 (“As indicated in thenegotiating record of the 1980 Conference, the prohibitions and restrictions contained in the Convention and itsProtocols are of course new contractual rules (with the exception of certain provisions which restate existinginternational law) which will only bind States upon their ratification of, or accession to, the Convention and theirconsent to be bound by the Protocols in question.”).248 Refer to § 6.11 (Weapons Injuring by Fragments Not Detectable by X-Rays).249 1861 UNTS 482 (“Instrument deposited on: 24 March 1995 UNITED STATES OF AMERICA (With effect from 24September 1995. Accepting Protocols I and II.)”).250 Refer to § 6.12 (Landmines, Booby-Traps, and Other Devices).251 1861 UNTS 482 (“Instrument deposited on: 24 March 1995 UNITED STATES OF AMERICA (With effect from 24September 1995. Accepting Protocols I and II.)”).1168