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.

is prohibited by the rule against weapons calculated to cause unnecessary suffering nor otherwiseprohibited by the customary law of war. 26419.21.6 CCW Protocol V on Explosive Remnants of War. CCW Protocol V onExplosive Remnants of War addresses explosive ordnance and explosive remnants of war. 265CCW Protocol V on Explosive Remnants of War contains no restrictions or prohibitions on theuse of these weapons; rather, it addresses what must be done with respect to unexplodedmunitions that threaten civilians and post-conflict reconstruction. 266 CCW Protocol V onExplosive Remnants of War addresses primarily the steps to be taken before or after hostilities,not during them, and it includes a Technical Annex of suggested best practices for greatermunitions reliability. 267CCW Protocol V on Explosive Remnants of War was adopted on November 28, 2003. 268The United States provided notification of its consent to be bound by CCW Protocol Von Explosive Remnants of War on January 21, 2009. 269 The United States expressed itsunderstanding relating to future arrangements in connection with the settlement of armedconflicts. 270264 W. Hays Parks, Special Assistant to The Judge Advocate General of the Army for Law of War Matters,Memorandum of Law: Travaux Preparatoires and Legal Analysis of Blinding Laser Weapons Protocol, reprinted inTHE ARMY LAWYER 33, 36 (Jun. 1997) (“As the delegate from Sweden observed in the fourth and final meeting ofthe Laser Working Group on 6 October 1995, Protocol IV is a unique step in combining law of war and arms controlmechanisms. The first sentence of Article 1 follows arms control lines by creating a national obligation to foregothe use on the battlefield of a laser weapon of the type described in the balance of the sentence, rather thanestablishing that an antipersonnel laser weapon is inconsistent with the law of war prohibition on unnecessarysuffering. … Neither the prohibition in Article 1 nor anything else in Protocol IV establishes, nor was it intended toestablish, that an individual, intentional act of blinding by a laser constitutes unnecessary suffering or is otherwise aviolation of the law of war, for several reasons.”).265 Refer to § 6.19 (Explosive Ordnance); § 6.20 (Explosive Remnants of War).266 Overview and Article-by-Article Analysis of CCW Protocol V on Explosive Remnants of War 1-2, MESSAGE FROMTHE PRESIDENT TRANSMITTING AP III, CCW AMENDED ARTICLE 1, AND CCW PROTOCOL V ON EXPLOSIVEREMNANTS OF WAR 11-12 (“Protocol V is the first international agreement specifically aimed at reducing thehumanitarian threat posed by unexploded and abandoned munitions of all types remaining on the battlefield after theend of armed conflicts. Protocol V contains no restrictions or prohibitions on the use of these weapons; rather, itaddresses what must be done with respect to unexploded munitions that threaten civilians and post-conflictreconstruction.”).267 Overview and Article-by-Article Analysis of CCW Protocol V on Explosive Remnants of War 1-2, MESSAGE FROMTHE PRESIDENT TRANSMITTING AP III, CCW AMENDED ARTICLE 1, AND CCW PROTOCOL V ON EXPLOSIVEREMNANTS OF WAR 11-12 (“The Protocol deals primarily with steps to be taken before or after hostilities, not duringthem. Protocol V also includes a Technical Annex of suggested best practices that states Parties to the Protocol areencouraged to follow on a voluntary basis in order to achieve greater munitions reliability.”).268 Protocol on Explosive Remnants of War 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(Protocol V), Nov. 28, 2003, 2399 UNTS 100-177.269 2562 UNTS 39, 40 (“Receipt of notification by the Secretary-General of the United Nations: 21 January 2009”).270 Refer to § 6.20.5 (Obligations Under the CCW Protocol V on Explosive Remnants of War That Are Triggered bythe Cessation of Active Hostilities).1171

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

Saved successfully!

Ooh no, something went wrong!