CCW PROTOCOL V ON EXPLOSIVE REMNANTS OF WAR ENTERS INTO FORCE ON 13 NOVEMBER
A special high level plenary meeting was convened on Monday, 13 November 2006, during the second and final week of the Third Review Conference of the States Parties to the Convention on Certain Conventional Weapons (CCW), to mark the much anticipated entry into force of the Protocol on Explosive Remnants of War (Protocol V) annexed to the Convention.
The Secretary-General of the United Nations conveyed a message to the Conference, which was delivered by the Under-Secretary-General on Disarmament Affairs, Mr. Nobuaki Tanaka.
Some thirty States as well as international organizations and non-governmental organizations delivered statements welcoming this new Protocol and expressed contentment at its entry into force on 12 November 2006. They recognized that the Protocol is the first multilateral legally binding instrument in the field of international humanitarian law that requires parties to an armed conflict to clear all unexploded and abandoned ordnance that threatens civilians, aid workers and peacekeepers after the conflict is over. Many reiterated the call on all States that have not yet ratified this important instrument to do so urgently. Part of the discussion was also focussed on the possibility of holding in 2007 a first meeting of the States parties to the Protocol; the probability of benefiting from existing information management procedures and other practical aspects of the way the provisions of the Protocol could be implemented.
The States parties adopted a special Declaration to mark the Entry into Force of Protocol V on Explosive Remnants of War. The text of the Declaration can be found below.
The Protocol was negotiated by the CCW Group of Governmental Experts and subsequently adopted in 2003 by the CCW States Parties in response to an initiative launched by the International Committee of the Red Cross (ICRC) in 2000. The Protocol covers post-conflict remedial measures of a generic nature in order to minimize the risks and effects of explosive remnants of war. Under the Protocol, each State party and party to armed conflict shall bear the responsibility to clear explosive remnants of war or to assist in such clearance. Moreover, parties to an armed conflict shall survey, mark and clear ERW in areas under their control or jurisdiction after a conflict; provide technical, material and financial assistance for the removal of ERW left by their armed forces in areas not under their control; record information on explosive or abandoned ordnance and share that information with organizations involved in clearance activities; and take all feasible precautions to protect civilians from the effects of ERW, including marking and fencing off dangerous areas and warning them of the risks.
Twenty-six CCW States parties have so far expressed consent to be bound by the Protocol: Albania, Bulgaria, Croatia, Czech Republic, Denmark, El Salvador, Finland, France, Germany, Holy See, India, Ireland, Liberia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Nicaragua, Norway, Sierra Leone, Slovakia, Sweden, Switzerland, Tajikistan and Ukraine.
DECLARATION ON THE OCCASION OF ENTRY INTO FORCE OF CCW
PROTOCOL ON EXPLOSIVE REMNANTS OF WAR (PROTOCOL V)
The High Contracting Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects,
Recalling the general principle of the protection of the civilian population against the effects of hostilities,
Deeply concerned at the fact that after the end of hostilities, people continue to be killed or injured by unexploded and abandoned explosive ordnance, and that such explosive remnants of war can remain for decades a cause of humanitarian suffering, a daily threat to civilians and military alike, an obstacle to the return of refugees and other displaced persons, a serious impediment to humanitarian assistance, peace-keeping, post-conflict reconstruction and economic development, as well as to the restoration of normal social conditions,
Recalling that the Protocol on Explosive Remnants of War (Protocol V) was negotiated by the Group of Governmental Experts in 2003 and was adopted by consensus on 28 November 2003 at the Meeting of the States Parties to the Convention held in Geneva on 27 and 28 November 2003,
Recognizing that Protocol V provides for post-conflict remedial measures of a generic nature in order to minimize the risks and the effects of explosive remnants of war and for encouraging States Parties to take such post-conflict remedial measures and generic preventive measures aimed at minimizing the occurrence of explosive remnants of war,
Emphasizing the importance that they attach to the universalization of Protocol V, and expressing their determination to take all appropriate measures so that Protocol V attains universal adherence,
Welcome the entry into force of Protocol V on 12 November 2006 and the fact that, 26 States have notified the Depositary of their consent to be bound by Protocol V by that date,
Reaffirm their conviction that Protocol V aims to significantly reduce the suffering and contribute to the protection of the civilian population and humanitarian personnel from the effects of explosive remnants of war,
Reiterate their determination to address the humanitarian, developmental and environmental impact of explosive remnants of war, including existing explosive remnants of war, and welcome the efforts already undertaken in this regard,
Emphasize their determination to reinforce international cooperation and assistance on the issues related to the implementation of Protocol V, and in particular in clearance, removal or destruction of explosive remnants of war, transmission of information, protection of humanitarian missions and organizations, risk education, victim assistance, and to dedicate greater efforts and resources, as appropriate, towards that end,
Encourage High Contracting Parties to Protocol V to commence preparations for a Conference, in accordance with Article 10 of the Protocol,
Urge all States that have not yet done so to become parties to the Protocol, as soon as possible.
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