Archive for category Non-Governmental Organizations

Another Victory for NGOs in the International Legal System: The Cluster Bomb Ban

Good news this weekend: the Convention on Cluster Munitions, signed by 107 States and ratified by 38 as of today, has entered into force today. It is now binding international law. But it is also a great victory for non-governmental organizations (NGOs), and the confirmation of a recent trend: the influential role civil society is starting to play in the elaboration of international law.

First of all, a few words on the Convention on Cluster Munitions. It was negotiated in Dublin in May 2008 following a diplomatic conference on Cluster Munitions, attended then by 127 States, and signed in December of the same year in Oslo. The purpose of the Convention is to ban the use of cluster bombs, a specific type of anti-personnel weapon that disperse large numbers of either explosive submunitions or bomblets over an entire area (see the ICRC Cluster Munition FAQ or the New York Times Cluster Munition Page for more information on cluster bombs), the military purpose being to “contaminate” the area and make it unusable by the enemy forces.

As you probably can imagine, it can raise depending on its use some major issues with regard to international humanitarian law, as it seems almost fundamentally incompatible with the principle of distinction between combatant (essentially military) and non-combatant  (civilian) targets. It is hard to imagine it being used in an exclusively military zone that will never be used again by civilians, especially considering that these cluster bombs can still go off 30-40 years after being dropped, killing or mutilating civilians by accident. According to the Cluster Munition Coalition, one third of all recorded cluster munitions casualties are children, and 60% of the casualties are injured while undertaking their normal activities. These bombs are still in use by a certain number of conflicts in the world today, including the United States in Iraq in 2003, Israel in Lebanon in 2006, as well as by both sides in the Russian-Georgian conflict of 2008. Read the rest of this entry »

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