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an amended Protocol II; (2) Protocols IV and V; and (3) an amendment to apply the CCW andProtocols I, II, III, and IV to non-international armed conflicts.Protocols to the CCW are subject to ratification or other acceptance by a State beforesuch protocols enter into force for that State. Additional protocols that have been adopted by aConference of States Parties enter into force as provided in paragraphs 3 and 4 of Article 5 of theCCW. 232 Paragraphs 3 and 4 of Article 5 of the CCW provide, inter alia, that each of theCCW’s Protocols may only enter into force for a State after that State has notified its consent tobe bound by it. 233 Thus, a State’s notification of its consent to be bound by a Protocol is aprerequisite to the Protocol’s entry into force for that State.Similarly, amendments to the CCW or its Protocols are subject to ratification or otheracceptance by a State before such amendments enter into force for that State. Amendments tothe CCW or its Protocols are adopted and enter into force in the same manner as the CCW andits Protocols. 234 As discussed above, a State must provide notification of its consent to be boundby a CCW Protocol before that Protocol’s entry into force for that State. Similarly, the CCW issubject to ratification or other acceptance by States. 235 And, the CCW only enters into force fora State after that State has deposited its instrument of ratification or other acceptance. 236 Thus, aState’s acceptance of any amendment to the CCW or its Protocols is a prerequisite to thatamendment’s entry into force for that State.232 CCW art. 8(2)(b) (Additional protocols to the CCW adopted at a conference convened under Article 8(2) “shallenter into force as provided in paragraphs 3 and 4 of Article 5 of this Convention.”); CCW art. 8(2)(b) (Additionalprotocols to the CCW adopted at a conference convened under Article 8(3) “shall enter into force as provided inparagraphs 3 and 4 of Article 5 of this Convention.”).233 CCW art. 5 (“3. Each of the Protocols annexed to this Convention shall enter into force six months after the dateby which twenty States have notified their consent to be bound by it in accordance with paragraph 3 or 4 of Article 4of this Convention. 4. For any State which notifies its consent to be bound by a Protocol annexed to this Conventionafter the date by which twenty States have notified their consent to be bound by it, the Protocol shall enter into forcesix months after the date on which that State has notified its consent so to be bound.”). See also CCW art. 4 (“3.Expressions of consent to be bound by any of the Protocols annexed to this Convention shall be optional for eachState, provided that at the time of the deposit of its instrument of ratification, acceptance or approval of thisConvention or of accession thereto, that State shall notify the Depositary of its consent to be bound by any two ormore of these Protocols. 4. At any time after the deposit of its instrument of ratification, acceptance or approval ofthis Convention or of accession thereto, a State may notify the Depositary of its consent to be bound by any annexedProtocol by which it is not already bound.”).234 CCW art. 8(1)(b) (Amendments to the CCW or its protocols adopted at a conference convened under Article 8(1)“shall be adopted and shall enter into force in the same manner as this Convention and the annexed Protocols, … .”);CCW art. 8(3)(a) (Amendments to the CCW or its protocols adopted at a conference convened under Article 8(3)“shall be adopted and enter into force in accordance with subparagraph 1 (b) above.”)).235 CCW art. 4 (“1. This Convention is subject to ratification, acceptance or approval by the Signatories. Any Statewhich has not signed this Convention may accede to it.”).236 See CCW art. 5 (“1. This Convention shall enter into force six months after the date of deposit of the twentiethinstrument of ratification, acceptance, approval or accession. 2. For any State which deposits its instrument ofratification, acceptance, approval or accession after the date of the deposit of the twentieth instrument of ratification,acceptance, approval or accession, this Convention shall enter into force six months after the date on which thatState has deposited its instrument of ratification, acceptance, approval or accession.”).1165

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