10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Protocol includes more detailed restrictions on the use of mines, booby-traps, and other devices,and prohibitions on specific types of such devices. The CCW Amended Mines Protocol alsoapplies to non-international armed conflicts. 252 The CCW Amended Mines Protocol hasprovisions that are to be observed at all times, e.g., provisions that are to be implemented inpeace-time. 253Before the United States accepted the CCW Amended Mines Protocol, U.S. policy was toobserve the requirements of the CCW Amended Mines Protocol to the fullest extent possible. 254The CCW Amended Mines Protocol entered into force on December 3, 1998. 255 TheUnited States provided notification of its consent to be bound by the CCW Amended MinesProtocol with declarations and a reservation on May 24, 1999. 25619.21.4 CCW Protocol III on Incendiary Weapons. CCW Protocol III on IncendiaryWeapons places certain restrictions on the use of incendiary weapons. 257CCW Protocol III on Incendiary Weapons was adopted by the first CCW Conference in1980. The United States provided notification of its consent to be bound by CCW Protocol IIIon Incendiary Weapons on January 21, 2009, with a reservation and an understanding. 258252 Refer to § 17.2.1.1 (Treaties That Have Provisions That Explicitly Apply to NIAC).253 Article-by-Article Analysis of CCW Amended Mines Protocol, 3-4, Enclosure A to Warren Christopher, Letter ofSubmittal, Dec. 7, 1996, MESSAGE FROM THE PRESIDENT TRANSMITTING THE CCW AMENDED MINES PROTOCOL,PROTOCOL III ON INCENDIARY WEAPONS, AND PROTOCOL IV ON BLINDING LASER WEAPONS 3-4 (“Finally, it wasunderstood that certain provisions of the amended Protocol must be observed at all times. A statement to this effectwas made part of the negotiating record by the delegation of Belgium, speaking on behalf of 24 other delegations,including the U.S. delegation, at the final plenary session of the Review Conference and was not contested by anyother delegation. This conclusion is supported, as well, by the scope of the Convention itself which makes clear thatit and its annexed Protocols shall apply in situations referred to in Article 2 common to the Geneva Conventions of12 August 1949. Common Article 2 refers specifically to provisions which shall be implemented in peace-time, arecognition that certain provisions must be observed at all times if they are to be implemented in good faith. Amongthe provisions of the amended Protocol that must be so observed are: the provisions regarding the recording,marking, monitoring and protection of areas containing mines; provisions of Article 8 regarding transfers; andprovisions of Articles 13 and 14 regarding consultations and compliance. A statement to this effect was made partof the negotiating record by the U.S. Delegation, and was not contested by any other delegation.”).254 Review Conference of the States Parties to the Convention on Prohibitions or Restrictions on the Use of CertainConventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects,Summary Record of the 14th Meeting (Second Part), Second resumed session, Geneva, Apr. 22 – May 3, 1996,CCW/CONF.I/SR.14/Add.1, May 9, 1996, 6-8 (“Mr. MATHESON (United States of America) said that therevised Protocol II on land-mines was a significant advance that would, if widely observed, result in a substantialdecrease in civilian casualties and be an important first step towards the elimination of such mines. … While such acommitment did not legally bind the United States or prejudice the Senate’s consideration of the amended Protocol,it was his country’s policy, pending the entry into force of the Protocol, to observe all of its restrictions to the fullestextent possible from the time of adoption.”).255 2048 UNTS 93 (“Entry into force: 3 December 1998, in accordance with article 2 of the Protocol”).256 2065 UNTS 128 (“CONSENT TO BE BOUND (WITH DECLARATIONS AND RESERVATION) United States of AmericaNotification effected with the Secretary-General of the United Nations: 24 May 1999”).257 Refer to § 6.14 (Incendiary Weapons).1169

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!