This is the latest report documenting the positive impact that the 2008 Convention on Cluster Munitions is making as States Parties conclude their first decade of implementation.  It says that Israel, Russia, the US, and other major non-signatories to the convention have hardened their defence of cluster munitions.  Nonetheless, there is evidence that the stigma against cluster munitions continues to grow.  Most states that stockpile cluster munitions have never themselves used the weapons.  Several states outside the convention have destroyed their stocks and companies have stopped producing them.  There was new use of cluster munitions in Syria and Yemen, as well as allegations of use in Egypt and Libya – none of these states are party to the Convention.  It provides details of use in Syria, Yemen; and alleged use in Egypt and Libya.  It points out that a total of 34 states have developed or produced more than 200 types of cluster munitions, of which 18 ceased manufacturing cluster munitions prior to or upon joining the Convention.  It lists the 16 countries that produce cluster munitions or reserve the right to do so.

Cluster munition producers

Brazil Korea, South
China Pakistan
Egypt Poland
Greece Romania
India Russia
Iran Singapore
Israel Turkey
Korea, North United States

Note – in the UK, the Cluster Munitions (Prohibitions) Act 2010 applies and the main purpose of this Act is to create criminal offences in order to enforce the prohibitions set out in Article 1 of the Convention.  Article 1 of the Convention prohibits States Parties from using, developing, producing, otherwise acquiring, stockpiling, retaining or transferring cluster munitions; and from assisting, encouraging or inducing anyone else to engage in these prohibited activities.  The Article 1 prohibitions also apply to explosive bomblets that are specifically designed to be dispersed or released from dispensers affixed to aircraft.  In addition, cluster munitions are “Type A” goods subject to trade control licensing – meaning they cannot be shipped between two or more third countries – so that, in addition to the normal controls on the export of such goods from the UK (or Isle of Man), these are also subject to trade controls in respect of trade between two overseas countries where any part of the activity took place in the UK or Isle of Man.

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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