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.

In addition, peace treaties or similar agreements negotiated in connection with thesettlement of armed conflicts may also allocate responsibilities with respect to explosiveremnants of war. 469 Nothing in the CCW Protocol V on Explosive Remnants of War precludesfuture arrangements in connection with the settlement of armed conflicts, or assistance connectedthereto, to allocate responsibilities with respect to explosive remnants of war in a manner thatrespects the essential spirit and purpose of the CCW Protocol V on Explosive Remnants ofWar. 4706.20.6 Making Available Information on Used or Abandoned Explosive Ordnance ThatMay Have Become Explosive Remnants of War. Without delay after the cessation of activehostilities and as far as practicable, Parties to the CCW Protocol V on Explosive Remnants ofWar and parties to an armed conflict have an obligation, subject to their legitimate securityinterests, to make available certain information on used or abandoned explosive ordnance, whichmay have become explosive remnants of war, to certain recipients. 4716.20.6.1 Timing of the Release of Information. The best practice is for theinformation to be released as soon as possible, taking into account such matters as any ongoing469 For example, Protocol to the Agreement on Ending the War and Restoring Peace in Viet-Nam Concerning theCease-fire in South Viet-Nam and the Joint Military Commissions, art. 5(a), Jan. 27, 1972, 935 UNTS 251, 253(“Within fifteen days after the cease-fire comes into effect, each party shall do its utmost to complete the removal ordeactivation of all demolition objects, mine-fields, traps, obstacles or other dangerous objects placed previously, soas not to hamper the population’s movement and work, in the first place on waterways, roads and railroads in SouthViet-Nam. Those mines which cannot be removed or deactivated within that time shall be clearly marked and mustbe removed or deactivated as soon as possible.”); Protocol to the Agreement on Ending the War and Restoring Peacein Viet-Nam Concerning the Removal, Permanent Deactivation, or Destruction of Mines in the Territorial Waters,Ports, Harbors, and Waterways of the Democratic Republic of Viet-Nam, art. 5, Jan. 27, 1973, 935 UNTS 393, 395(“The United States shall be responsible for the mine clearance on inland waterways of the Democratic Republic ofViet-Nam. The Democratic Republic of Viet-Nam shall, to the full extent of its capabilities, actively participate inthe mine clearance with the means of surveying, removal and destruction and technical advice supplied by theUnited States.”).470 United States, Statement on Consent to Be Bound by CCW Protocol V on Explosive Remnants of War, Jan. 21,2009, 2562 UNTS 39, 40 (“It is the understanding of the United States of America that nothing in Protocol V wouldpreclude future arrangements in connection with the settlement of armed conflicts, or assistance connected thereto,to allocate responsibilities under Article 3 in a manner that respects the essential spirit and purpose of Protocol V”).See also Overview and Article-by-Article Analysis of CCW Protocol V on Explosive Remnants of War 3-4, MESSAGEFROM THE PRESIDENT TRANSMITTING AP III, CCW AMENDED ARTICLE 1, AND CCW PROTOCOL V ON EXPLOSIVEREMNANTS OF WAR 13-14 (“During the negotiations, the United States and other delegations raised the need toreconcile this Protocol with other international agreements or arrangements related to the settlement of armedconflict, in order to avoid unintended consequences in connection with peace treaties or similar arrangements. In thecontext of armed conflict, the parties to the conflict themselves will be in the best position to determine how theresponsibilities for ERW should fit into an overall settlement.”).471 CCW PROTOCOL V ON EXPLOSIVE REMNANTS OF WAR art. 4(2) (“High Contracting Parties and parties to anarmed conflict which have used or abandoned explosive ordnance which may have become explosive remnants ofwar shall, without delay after the cessation of active hostilities and as far as practicable, subject to these parties’legitimate security interests, make available such information to the party or parties in control of the affected area,bilaterally or through a mutually agreed third party including inter alia the United Nations or, upon request, to otherrelevant organizations which the party providing the information is satisfied are or will be undertaking riskeducation and the marking and clearance, removal or destruction of explosive remnants of war in the affectedarea.”).405

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

Saved successfully!

Ooh no, something went wrong!