Human Rights Watch reprimands Syria, fails to cite UNSC/U.S. cluster bomb use

Stop killing, Stop Cluster Bomb production, use, stockpiling by all nations -- no exceptions

Editing, comment by Carolyn Bennett

Cluster Munition Coalition reports

AFFECTED COUNTRIES AND TERRITORIES

Affected by cluster munitions from use in armed conflict: 37 countries and territories [none are permanent members of the United Nations Security Council]

A

fghanistan, Albania, Angola, Azerbaijan, Bosnia-Herzegovina, Cambodia, Chad, Chechnya, Croatia, Democratic Republic of Congo, Eritrea, Ethiopia, Falklands/Malvinas, Georgia, Grenada, Iraq, Israel, Kosovo, Kuwait, Lao PDR, Lebanon, Mauritania, Montenegro, Mozambique, Nagorno-Karabakh, Saudi Arabia, Serbia, Sierra Leone, South Sudan, Sudan, Syria, Tajikistan, Thailand Uganda, Vietnam, Western Sahara, Zambia, Yemen

USERS OF CLUSTER MUNITIONS

Used cluster munitions: 19 countries

[In red permanent members of the United Nations Security Council]

C

 olombia, Eritrea, Ethiopia, France, Georgia, Iraq, Israel, Libya, Morocco, The Netherlands, Nigeria, Russia, Saudi Arabia, South Africa, Former Yugoslavia (Serbia), Sudan, Thailand, United Kingdom, United States

 

PRODUCERS OF CLUSTER MUNITIONS

Produced/still producing cluster munitions: 35 countries

[In red permanent members of the United Nations Security Council]

A

rgentina, Australia, Belgium, Bosnia-Herzegovina, Brazil, Chile, China, Croatia, Egypt, France, Germany, Greece, India, Iran, Iraq, Israel, Italy, Japan, Netherlands, North Korea, Pakistan, Poland, Romania, Russia, Serbia, Singapore, Slovakia, South Africa, South Korea, Spain, Sweden, Switzerland, Turkey, United Kingdom, United States

 

STOCKPILERS OF CLUSTER MUNITIONS

Stockpiles cluster munitions: 86 countries

[In red permanent members of the United Nations Security Council]

A

lgeria, Angola, Argentina, Austria, Azerbaijan, Bahrain, Belarus, Belgium, Bosnia & Herzegovina, Brazil, Bulgaria, Canada, Chile, China, Colombia, Croatia, Cuba, Czech Republic, Denmark, Ecuador, Egypt, Eritrea, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Guinea, Guinea Bissau, Honduras, Hungary, India, Indonesia, Iran, Iraq, Israel, Italy, Japan, Jordan, Kazakhstan, Kuwait, Libya, Moldova, Mongolia, Montenegro, Morocco, Netherlands, Nigeria, North Korea, Norway, Oman, Pakistan, Peru, Poland, Portugal, Qatar, Romania, Russia, Saudi Arabia, Serbia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sudan, Sweden, Switzerland, Syria, Thailand, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Uzbekistan, Yemen, Zimbabwe

H

uman Rights Watch reports today

“(Washington, DC) – Compelling evidence has emerged that an airstrike using cluster bombs on the town of Deir al-`Assafeer near Damascus killed at least 11 children and wounded others on November 25, 2012. The Syrian government should immediately cease its use of this highly dangerous weapon, which has been banned by most nations.”

“At least 16 governments have condemned Syria’s use of cluster munitions, including Austria, Belgium, Denmark, France, Germany, Ireland, Japan, Mexico, Netherlands, New Zealand, Norway, Portugal, Qatar, Switzerland, the United Kingdom, and the United States.

 

I

n my view, it is dishonest and cowardly for either permanent members of the UN Security Council, who have failed to sign or become member states to the Convention on Cluster Munitions, or Human Rights Watch to cite or reprimand Syria for alleged bombing and as a non member to the CCM and fail to cite and reprimand in context the United States' leading model in using, making, stockpiling the munitions and failing to become signatory or member to the Convention.

This is why nonprofits, “rights” organizations, and the “international community” increasingly show themselves as and are judged lacking in credibility.   

Convention on Cluster Munitions (CCM) reports

C

onvention Status 

The Convention was adopted in Dublin by 107 states on May 30, 2008, and signed in Oslo on December 3 the same year. 

The Convention became binding international law when it entered into force on August 1, 2010.  

 By October 8, 2012, a total of 111 states have joined the Convention, as 77 States Parties and 34 Signatories.

77 States Parties (by region)	34 Signatories (by region)
Africa (22)	Africa (20)
Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Comoros, Côte d’Ivoire, Ghana, Guinea-Bissau, Lesotho, Malawi, Mali, Mauritania, Mozambique, Niger, Senegal, Seychelles, Sierra Leone, Swaziland, Togo, Tunisia, Zambia	Angola, Benin, Central African Republic, Chad, Congo, Democratic Republic of Congo, Djibouti, Gambia, Guinea, Kenya, Liberia, Madagascar, Namibia, Nigeria, Rwanda, Sao Tome and Principe, Somalia, South Africa, Uganda and United Republic of Tanzania
Americas (16)	Americas (6)
Antigua and Barbuda, Chile, Costa Rica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru, Saint Vincent and the Grenadines, Trinidad and Tobago, Uruguay	Bolivia, Canada, Colombia, Haiti, Jamaica, Paraguay
Asia (3)	Asia (2)
Afghanistan, Japan, Lao PDR	Indonesia, Philippines
Europe (30)	Europe (3)
Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, France, Germany, Holy See, Hungary, Ireland, Italy, Lithuania, Luxembourg, the FYR of Macedonia, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Portugal, San Marino, Slovenia, Spain, Sweden, Switzerland, United Kingdom	Cyprus, Iceland, Liechtenstein
Middle East (1)	Middle East (1)
Lebanon	Iraq
Pacific (5)	Pacific (2)
Australia, Cook Islands, Fiji, New Zealand, Samoa	Nauru, Palau

States adopting the Convention on Cluster Munitions in 2008

107 states adopted the Convention in Dublin on May 30, 2008:

AFRICA: Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Chad, Comoros, Republic of Congo, Côte d’Ivoire, Democratic Republic of Congo, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Niger, Nigeria, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, South Africa, Sudan, Swaziland, Tanzania, Togo, Uganda and Zambia

AMERICAS: Argentina, Belize, Bolivia, Canada, Chile, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela

ASIA: Brunei Darussalam, Cambodia, Indonesia, Japan, Kyrgyzstan, Lao PDR, Malaysia, Philippines and Timor-Leste

EUROPE: Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Holy See, Hungary, Iceland, Ireland, Italy, Lithuania, Luxembourg, Macedonia (FYR), Malta, Moldova, Montenegro, The Netherlands, Norway, Portugal, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland and United Kingdom

MIDDLE EAST: Bahrain, Lebanon and Qatar

PACIFIC: Australia, Cook Islands, Fiji, New Zealand, Palau, Papua New Guinea, Samoa and Vanuatu

Sources and notes

Cluster Munition Coalition

http://www.stopclustermunitions.org/the-problem/countries/

Cluster bomb image caption: A screenshot from an unverified video posted by opposition activists purportedly showing cluster bombs in Deir al-Asafir

Human Rights Watch today

“Syria: Evidence Shows Cluster Bombs Killed Children ─ All Governments Should Press Damascus to Stop Using Cluster Munitions,”  November 27, 2012, http://www.hrw.org/news/2012/11/27/syria-evidence-shows-cluster-bombs-killed-children-0

Convention on Cluster Munitions – CCM

http://www.clusterconvention.org/ratifications-and-signatures/

THE OSLO PROCESS

In February 2007, 46 governments met in Oslo to endorse a call by Norwegian Foreign Minister Jonas Gahr Støre to conclude a new legally binding instrument in 2008.

The Convention prohibits the use, production, transfer and stockpiling of cluster munitions, and requires states to destroy existing stockpiles of the weapons, clear contaminated areas and assist survivors and affected communities.

Subsequent international Oslo Process meetings were held in Peru (May 2007), Austria (December 2007), and New Zealand (February 2008).

Some 107 countries negotiated and adopted the Convention on Cluster Munitions in May 2008 in Dublin, Ireland.

The convention was signed by 94 countries at the Signing Conference in Oslo in December 2008 and entered into force as binding international law on 1 August 2010, after it reached the threshold of 30 ratifications in February 2010, just 15 months after it opened for signature.

All countries can still accede to the convention at the United Nations headquarters in New York.

http://www.stopclustermunitions.org/the-problem/

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Bennett's books are available in New York State independent bookstores: Lift Bridge Bookshop: www.liftbridgebooks.com [Brockport, NY]; Sundance Books: http://www.sundancebooks.com/main.html [Geneseo, NY]; Mood Makers Books: www.moodmakersbooks.com [City of Rochester, NY]; Dog Ears Bookstore and Literary Arts Center: www.enlightenthedog.org/ [Buffalo, NY]; Burlingham Books – ‘Your Local Chapter’: http://burlinghambooks.com/ [Perry, NY 14530]; The Bookworm: http://www.eabookworm.com/ [East Aurora, NY] • See also: World Pulse: Global Issues through the eyes of Women: http://www.worldpulse.com/ http://www.worldpulse.com/pulsewire http://www.facebook.com/#!/bennetts2ndstudy

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Save Children from Cluster Bombs

Less than 48 hrs to weapons conference in Geneva 

Ahmad picked up a bright metal object in a park in Lebanon

where he was celebrating his 5th birthday.

It was an unexploded cluster bomblet and

it blew up in his face.

With his family looking on helplessly,

Ahmad died slowly.

Editing, re-reporting by Carolyn Bennett 

Public pressure in 2008 pushed through a ban of cluster bombs. The United States of America not a signatory to the Convention on Cluster Munitions is now lobbying nations to quietly sign a new law allowing what more than a hundred nations have banned and in doing this sign a deathblow to increased thousands of children.

Beginning Monday, the European group Avaaz alerts on its website, governments could agree on a new convention that again allows the use of cluster bombs that kill children years after wars have ended. However, key governments can stop this — but only if we “raise the alarm across the world [and] shame governments to block this deadly decision.” Avaaz has petition text at its website.

The Cluster Munition Coalition asks you to ask what your country’s position is on cluster bombs.

The 111 countries that have signed [sadly, the United States of America again on the wrong side of history is not among them] and ratified or are participants to the Convention on Cluster Munitions (CCW, Convention on Conventional Weapons) are:

Afghanistan, Albania, Antigua and Barbuda, Australia, Austria, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Cameroon, Canada, Cape Verde, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Dominican Republic, Ecuador, El Salvador, France, Germany, Guatemala, Guinea Bissau, The Holy See, Honduras, Hungary, Iceland, Ireland, Italy, Jamaica, Japan, Lao PDR, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Macedonia FYR, Madagascar, Mali, Malta, Mexico, Republic of Moldova, Monaco, Montenegro, Nauru, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Portugal, Senegal, Seychelles, Sierra Leone, Slovenia, South Africa, Spain, Sweden, Switzerland, Togo, Tunisia, Uganda, United Kingdom and Uruguay

In the May 30, 2008, Diplomatic Conference for The Adoption of a Convention on Cluster Munitions, the signers agreed [excerpt] Article 1 - General obligations and scope of application as follows:

Each State Party undertakes never under any circumstances to:

(a) Use cluster munitions;

(b) Develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions;

(c) Assist, encourage or induce anyone to engage in any activity prohibited to a State Party under this Convention. 

“States are currently involved in negotiations which may lead to dangerous developments in the global fight against use of cluster munitions,” the Cluster Munition Coalition writes on its website.

“Under pressure from several military powers opposed to the Convention on Cluster Munitions and its comprehensive ban — States Parties to the Convention on Conventional Weapons (CCW) are attempting to introduce a new piece of international legislation which, as currently drafted, would allow continued use of cluster munitions, already banned under the Convention on Cluster Munitions and proven to cause unacceptable harm to civilians.

“States that are committed to rid the world of the humanitarian harm caused by cluster bombs are voicing their concerns at the current draft text and committing to uphold the standards established by the Convention on Cluster Munitions.

“Others, under pressure from a handful of large military powers who refuse to join the convention, are avoiding their responsibilities under the Convention on Cluster Munitions to ‘never under any circumstances’ assist, encourage, or induce any activity relating to the use, production, stockpiling, and transfer of cluster munitions; to actively discourage use of cluster munitions; and to promote norms that stigmatize these weapons.

“Through their silence, these states are sleepwalking into being complicit in the unprecedented regressive development of International Humanitarian Law and the re-legitimization of a weapon that cannot discriminate between civilians and military targets [and causes] unacceptable civilian harm.

“Is your country going back on its word?”

Convention on Conventional Weapons 4th Review Conference November 14

During the upcoming CCW 4th Review Conference in Geneva from 14–25 November, negotiations will continue with the aim of securing an agreement on the basis of a draft Chair’s text of a future protocol.

“The CMC is concerned that, as currently drafted, this proposed protocol would cause more humanitarian harm than good. It could perversely lead to an increase in the use and production of cluster munitions and therefore pose an even greater humanitarian danger from cluster bombs than the status quo. Years of negotiations have demonstrated a clear lack of consensus on a text that is weak, convoluted and full of exceptions and loopholes.”

In place is “a strong and comprehensive international ban.… States must not risk weakening the international norm now established against cluster munition use; or provide an ‘out’ for countries failing to join the Convention on Cluster Munitions and set on forging weak standards while claiming to be meaningfully addressing the humanitarian harm caused by cluster munitions.”

Sources and notes

November 2011 conference

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, 4th Review Conference of the High Contracting Parties (November 14- 25, 2011)

Date: November 14, 2011

Organization: ODA

Location: Room XVIII

Public / Private: Public

Interpretation: ACEFRS

http://www.unog.ch/unog/website/calendar.nsf/(httpInternal~Conferences~Daily~en)/B61F08FB6901A36FC1257879001FE336?OpenDocument

AVAAZ petition, Send leaders a clear message: stand up for the cluster bombs ban and keep children safe.

Position can be signed at http://www.avaaz.org/en/cluster_bombs_ii_b/?fp. AVAAZ will deliver the directly to delegates at the Geneva conference.

CLUSTER MUNITION COALITION statement continued

Strong existing legislation

“Since the negotiations began under the CCW, the international community united under the Oslo Process to negotiate and adopt the 2008 Convention on Cluster Munitions. This Convention comprehensively bans cluster munitions and is the standard by which all states should be judged.

“The high number of states that have signed, ratified or acceded to the Convention on Cluster Munitions, now 111, is proof of the strong commitment by the international community for this Convention to work. Since it entered into force in 2010, the Convention on Cluster Munitions is already producing significant results and has led to a global stigmatization of the use of cluster bombs.

Going back on their word

“With a strong and comprehensive international ban in place, States that have joined the Convention on Cluster Munitions must not be complicit in the adoption of a new instrument of international humanitarian law that permits ongoing use of cluster munitions, contradicting their exiting commitments.

“Furthermore, they must not risk weakening the international norm now established against cluster munition use, or provide an ‘out’ for countries that have not yet joined the Convention on Cluster Munitions by allowing them to adopt weak standards while claiming to be meaningfully addressing the humanitarian harm caused by cluster munitions.” http://www.stopclustermunitions.org/ccw/

CLUSTER MUNITION COALITION

The Cluster Munition Coalition is an international civil society campaign working to eradicate cluster munitions, prevent further casualties from these weapons and put an end for all time to the suffering they cause. The Coalition works through its members to change the policy and practice of governments and organizations toward these aims and to raise public awareness to the problem.

CMC’s vision: “an end for all time to the suffering and casualties caused by cluster munitions”

http://www.stopclustermunitions.org/the-coalition/

http://www.stopclustermunitions.org/news/

2008 Conference

Excerpt from: May 30, 2008 (Dublin), DIPLOMATIC CONFERENCE FOR THE ADOPTION OF A CONVENTION ON CLUSTER MUNITIONS

Concerns excerpt

Convention on Cluster Munitions The States Parties to this Convention [are] —  

Deeply concerned that civilian populations and individual civilians continue to bear the brunt of armed conflict,

Determined to put an end for all time to the suffering and casualties caused by cluster munitions at the time of their use, when they fail to function as intended or when they are abandoned,

Concerned that cluster munition remnants kill or maim civilians, including women and children; obstruct economic and social development, including through the loss of livelihood; impede post-conflict rehabilitation and reconstruction; delay or prevent the return of refugees and internally displaced persons; can negatively impact national and international peace-building and humanitarian assistance efforts; and have other severe consequences that can persist for many years after use…

Conscience — … Stressing the role of public conscience in furthering the principles of humanity as evidenced by the global call for an end to civilian suffering caused by cluster munitions and recognizing the efforts to that end undertaken by the United Nations, the International Committee of the Red Cross, the Cluster Munition Coalition and numerous other non-governmental organizations around the world…

Signers HAVE AGREED [excerpt] as follows:

Article 1 - General obligations and scope of application

1. Each State Party undertakes never under any circumstances to:

(a) Use cluster munitions;

(b) Develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions;

(c) Assist, encourage or induce anyone to engage in any activity prohibited to a State Party under this Convention.

Article 2 - Definitions

… “Cluster munition” means a conventional munition that is designed to disperse or release explosive submunitions each weighing less than 20 kilograms, and includes those explosive submunitions. … *

3. “Explosive submunition” means a conventional munition that in order to perform its task is dispersed or released by a cluster munition and is designed to function by detonating an explosive charge prior to, on or after impact;

4. “Failed cluster munition” means a cluster munition that has been fired, dropped, launched, projected or otherwise delivered and which should have dispersed or released its explosive submunitions but failed to do so;

5. “Unexploded submunition” means an explosive submunition that has been dispersed or released by, or otherwise separated from, a cluster munition and has failed to explode as intended;

6. “Abandoned cluster munitions” means cluster munitions or explosive submunitions that have not been used and that have been left behind or dumped, and that are no longer under the control of the party that left them behind or dumped them. They may or may not have been prepared for use;

7. “Cluster munition remnants” means failed cluster munitions, abandoned cluster munitions, unexploded submunitions and unexploded bomblets;

8. “Transfer” involves, in addition to the physical movement of cluster munitions into or from national territory, the transfer of title to and control over cluster munitions, but does not involve the transfer of territory containing cluster munition remnants;

9. “Self-destruction mechanism” means an incorporated automatically functioning mechanism which is in addition to the primary initiating mechanism of the munition and which secures the destruction of the munition into which it is incorporated;

10. “Self-deactivating” means automatically rendering a munition inoperable by means of the irreversible exhaustion of a component, for example a battery, that is essential to the operation of the munition;

11. “Cluster munition contaminated area” means an area known or suspected to contain cluster munition remnants;

12. “Mine” means a munition designed to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle;

13. “Explosive bomblet” means a conventional munition, weighing less than 20 kilograms, which is not self-propelled and which, in order to perform its task, is dispersed or released by a dispenser, and is designed to function by detonating an explosive charge prior to, on or after impact;

14. “Dispenser” means a container that is designed to disperse or release explosive bomblets and which is affixed to an aircraft at the time of dispersal or release;

15. “Unexploded bomblet” means an explosive bomblet that has been dispersed, released or otherwise separated from a dispenser and has failed to explode as intended.

*… Cluster munition does not mean the following:

(a) A munition or submunition designed to dispense flares, smoke, pyrotechnics or chaff; or a munition designed exclusively for an air defense role;

(b) A munition or submunition designed to produce electrical or electronic effects;

(c) A munition that, in order to avoid indiscriminate area effects and the risks posed by unexploded submunitions, has all of the following characteristics:

(i) Each munition contains fewer than ten explosive submunitions;

(ii) Each explosive submunition weighs more than four kilograms;

(iii) Each explosive submunition is designed to detect and engage a

single target object;

(iv) Each explosive submunition is equipped with an electronic self-destruction

mechanism;

(v) Each explosive submunition is equipped with an electronic self deactivating

feature;… *

http://www.unog.ch/80256EDD006B8954/(httpAssets)/CE9E6C29A6941AF1C12574F7004D3A5C/$file/ccm77_english.pdf

Petition post November 9, 2011 at http://www.avaaz.org/en/cluster_bombs_ii_b/?cl=1381876907&v=11085

http://www.avaaz.org/en/index.php

AVAAZ EMPOWERS

Avaaz, meaning ‘voice’ in several European, Middle Eastern and Asian languages, is a global web movement bringing people-powered politics to decision-making everywhere.

Launched in 2007, Avaaz claims the “democratic mission [of organizing] citizens of all nations to close the gap between the world we have and the world most people everywhere want.

Served by a core team on 4 continents and thousands of volunteers, the Avaaz community campaigns in 14 languages; and takes action — signing petitions, funding media campaigns and direct actions, emailing, calling and lobbying governments, and organizing ‘offline’ protests and events — to ensure that the views and values of the world’s people inform the decisions that affect us all.

“Avaaz empowers millions of people from all walks of life to take action on pressing global, regional and national issues, from corruption and poverty to conflict and climate change.

Avaaz’s model of internet organizing allows thousands of individual efforts, however small, to be rapidly combined into a powerful collective force.” http://www.avaaz.org/en/about.php

Convention on Cluster Munitions http://www.unog.ch/80256EE600585943/(httpPages)/F27A2B84309E0C5AC12574F70036F176?OpenDocument

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Bennett's books are available in New York State independent bookstores: Lift Bridge Bookshop: www.liftbridgebooks.com [Brockport, NY]; Sundance Books: http://www.sundancebooks.com/main.html [Geneseo, NY]; Mood Makers Books: www.moodmakersbooks.com [City of Rochester, NY]; Dog Ears Bookstore and Literary Arts Center: www.enlightenthedog.org/ [Buffalo, NY]; Burlingham Books – ‘Your Local Chapter’: http://burlinghambooks.com/ [Perry, NY 14530]; The Bookworm: http://www.eabookworm.com/ [East Aurora, NY] • See also: World Pulse: Global Issues through the eyes of Women: http://www.worldpulse.com/ http://www.worldpulse.com/pulsewire

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