Verdrag inzake clustermunitie

Partijen met voorbehouden, verklaringen en bezwaren

Partij	Voorbehoud / verklaring	Bezwaren
België	Ja	Nee
Belize	Ja	Nee
Canada	Ja	Nee
Colombia	Ja	Nee
Denemarken	Ja	Nee
El Salvador	Ja	Nee
Heilige Stoel	Ja	Nee
Litouwen	Ja	Nee
Nieuw-Zeeland	Ja	Nee
Palestina	Ja	Nee
Zwitserland	Ja	Nee

België

03-12-2008

This signature is equally binding the region of Walloon, the Flemish region and the region of the capital of Brussels.

Belize

02-09-2014

The Government of Belize will provisionally apply article 1 of the Convention on Cluster Munitions, pending its entry into force.

Canada

16-01-2015

The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Convention on Cluster Munitions and the Secretary-General's communication of 6 January 2015, C.N.14.2015.TREATIES-XXVI.6, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the Convention on Cluster Munitions. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.
In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Convention on Cluster Munitions, 'Palestine is not able to accede to this convention, and that Canada considers the declaration made the 'State of Palestine' to be without any legal validity or effect.

23-03-2015

The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Convention on Cluster Munitions and the Secretary-General's communication of 6 January 2015, C.N.14.2015.TREATIESXXVI.6, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary- General's capacity as Depositary for the Convention on Cluster Munitions. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.
In that context, the Permanent Mission of Canada also has the honour to refer to its communication of 16 January 2015, C.N.60.2015.TREATIES-XXV1.6, to the Secretary-General, and to Canada's instrument of accession to the Convention on Cluster Munitions recently deposited with the Secretary-General. In the context of Canada's accession to the Convention on Cluster Munitions, Canada reiterates that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Convention on Cluster Munitions, 'Palestine' is not able to accede to this convention, and that the Convention on Cluster Munitions does not enter into force, or have an effect on Canada's treaty relations, with respect to the 'State of Palestine’.

Colombia

10-09-2015

In 2009, the Government of the Republic of Colombia destroyed all its stockpiles of cluster munitions. Given the existence of an internal armed conflict, it is possible that there remain, in national territory, cluster munitions or cluster munition remnants of whose location the State has no knowledge or suspicion.
In the light of the above, the Republic of Colombia makes the following declarations regarding articles 4 and 10 of the Convention:
Regarding article 4, and in connection with the particular circumstances of its internal armed conflict, the Republic of Colombia understands ‘cluster munition remnants’ to mean those whose location is known or suspected by the State.
Regarding article 10 of the Convention, the Republic of Colombia declares that the contents of paragraph 1 thereof do not imply any recognition of or mandatory or automatic subjection of any dispute to the jurisdiction of the International Court of Justice, but instead refer to the discretionary power of each State party to submit matters related to the interpretation or application of the Convention on Cluster Munitions to such jurisdiction, provided that each State has expressly so agreed in each case.

Denemarken

12-02-2010

Until further notice, the Convention shall not apply to the Faroe Islands.

El Salvador

10-01-2011

Interpretative Declaration:
Regarding Article 10 of this Convention, the Government of the Republic of El Salvador considers that the contents of paragraph 1 of this Article do not imply any recognition of or mandatory subjection of any dispute to the jurisdiction of the International Court of Justice, but instead the purely discretionary power of each State party to submit to such a jurisdiction if it should so agree, given that the Republic of El Salvador does not recognize the jurisdiction of the International Court of Justice.

Heilige Stoel

03-12-2008

In ratifying the Convention on Cluster Munitions the Holy See desires to encourage the entire International Community to be resolute in promoting effective disarmament and arms control negotiations and in strengthening international humanitarian law by reaffirming the preeminent and inherent value of human dignity, the centrality of the human person, and the "elementary considerations of humanity", all of which are elements that constitute the basis of international humanitarian law. The Holy See considers the Convention on Cluster Munitions an important step in the protection of civilians during and after conflicts from the indiscriminate effects of this inhumane type of weapons. The new Convention is a remarkable achievement for multilateralism in disarmament, based on constructive cooperation between governmental and non governmental actors, and on the link between humanitarian law and human rights.
The Holy See would like to underline the following points:
1. The Convention adopts a broad definition of cluster munitions victims, including persons directly impacted, their families and communities, and requests States Parties to provide them with assistance. The Holy See is mindful that this broader assistance must be respectful of the right to life from the moment of conception to natural death, in order to conform to the fundamental principles of respect for human life, and ensure the recognition of human dignity. Preserving life and creating the conditions of an existence worthy of the human person should be at the core of humanitarian assistance.
2. States Parties, in designating a focal point within government (art.5.2(g)), will have to guarantee that the coordination of national disability, development and human rights frameworks and mechanisms ensures effective assistance to all victims. In this regard, the Holy See also wishes to restate its understanding and interpretation of article 5.2 (c), where the Convention recognizes "the specific role and contribution of relevant actors": when a State Party develops a national plan and budget to carry out assistance activities according to the Convention "with a view to incorporating them within the existing national disability, development and human rights frameworks and mechanisms", it shall guarantee the pluralism that is inherent in any democratic society and the diversity of relevant non
governmental actors. This respectful form of coordination of the various activities of governmental and
non governmental actors is in line with the Preamble (PP 10) (see also Dublin Diplomatic Conference
for the adoption of a Convention on Cluster Munitions, Summary Record, CCM/SR/4, 18 June 2008).
3. The Holy See, by ratifying the Convention on Cluster Munitions, understands the term "gender", used in the Preamble (PP 8) and in articles 5.1, 6.7 and 7.1 (k) of the Convention, in accordance with its Interpretative Statement to the Beijing Declaration and Platform for Action, made in Beijing at the Fourth World Conference on Women.
4. Article 4.4 highlights moral responsibility in cases where cluster munitions have been used or abandoned and have become cluster munitions remnants prior to the entry into force of the Convention. State responsibility should be given effective expression in the area of cooperation and assistance.
5. In relation to Article 21, joint military operations do not imply, in any way, a suspension of the obligations under the Convention. "States Parties, their military personnel or nationals" shall never engage in activities prohibited by the Convention. On the contrary, joint military operations should be
opportunities for States Parties to promote the standards introduced by the new instrument with the
objective to protect civilians during and after armed conflicts.
The Holy See recognizes the spirit of partnership between States, United Nations bodies, International Organizations, the International Committee of the Red Cross and civil society which, through collective action, has sustained the process which has led to the adoption of the Convention. The Holy See considers the implementation of the Convention as a legal and humanitarian challenge for the near future. An effective implementation should be based on constructive cooperation of all governmental and non governmental actors and should reinforce the link between disarmament and development. This can be done by directing human and material resources towards development, justice and peace, which are the most effective means to promote international security and a peaceful international order.
In conformity with its proper nature, with its particular mission, and with the particular condition of Vatican City State, and according to its international practice, the Holy See, by means of the solemn act of ratification, expresses its pledge to work towards a peaceful international order in which human dignity and fundamental rights are fully respected.

Litouwen

24-03-2011

The Republic of Lithuania declares that the Republic of Lithuania will apply provisionally Article 1 of this Convention pending its entry into force for the Republic of Lithuania.

06-09-2024

…the Republic of Lithuania has reconsidered its position with respect to the Convention on Cluster Munitions, including the reasons that:
- the Republic of Lithuania was one of the first countries to sign the Convention in Oslo on 3 December 2008, setting an example for the countries of the Baltic region. By signing the Convention, the Republic of Lithuania hoped that, following this example, all the other States in the region would also join the Convention;
- the Republic of Lithuania so far has fulfilled its obligations under the Convention in good faith, it has never produced, stockpiled, transferred, or used cluster munitions. It has actively participated throughout the Convention’s meetings and has repeatedly expressed concern about the use of cluster munitions by other countries, urging them to renounce the use of cluster munitions, to accede to the Convention and to abide by its obligations;
- the changes in the security situation of our region over time has demonstrated that these hopes have not been fulfilled. Even one country not only did not accede to the Convention, but it has also, in violation of the principles enshrined in the United Nations Charter, launched an unprovoked aggression against Ukraine, and widely use cluster munitions during this armed conflict;
- in light of evolving regional security dynamics and geopolitical threats, the Republic of Lithuania has reassessed its defence strategies and capabilities, determining that the current security environment necessitates maintaining a full spectrum of defensive tools, including cluster munitions, to ensure national security and protect our citizens, underscoring the importance of retaining a diverse arsenal to address potential aggressions effectively;
- the Republic of Lithuania faces unique strategic defence challenges that demand flexibility and readiness to respond to various military scenarios, with cluster munitions playing a critical role in its defensive operations and deterrence strategies, and withdrawal from the Convention on Cluster Munitions will allow Lithuania to maintain these capabilities without restrictions, thereby enhancing its overall defence posture;
- significant advancements in the technology and precision of cluster munitions have reduced the risk of unexploded ordnance and civilian casualties, and the Republic of Lithuania is committed to adopting these advanced munitions, which include enhanced safety mechanisms and self-destruct features, thereby minimizing humanitarian concerns associated with their use, and by withdrawing from the Convention on Cluster Munitions, Lithuania can continue to invest in and deploy these improved technologies responsibly;
- while withdrawing from the Convention on Cluster Munitions, the Republic of Lithuania remains deeply committed to minimizing the humanitarian impact of military operations by continuing to adhere to international humanitarian law, prioritizing the protection of civilian lives and property, and dedicating efforts to clear unexploded ordnance and support victims of armed conflict both domestically and internationally.
NOW THEREFORE, I, Gitanas Nausėda, President of the Republic of Lithuania, hereby formally declare that the Seimas of the Republic of Lithuania, having considered the Convention on Cluster Munitions, done at Dublin on 30 May 2008, decided to denounce the said Convention, and in accordance with the provisions outlined in Article 20 of the Convention, the Republic of Lithuania withdraws from the Convention.

Nieuw-Zeeland

22-12-2009

... consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory...

Palestina

06-02-2015

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.60.2015.TREATIES-XXVI.6, dated 23 January 2015, conveying a communication of Canada regarding the accession of the State of Palestine to the Convention on Cluster Munitions, dated 30 May 2008.
The Government of the State of Palestine regrets the position of Canada and wishes to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according Palestine ‘non-member observer State status in the United Nations’. In this regard, Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.
As a State Party to the Convention on Cluster Munitions, which enters into force on 1 July 2015, the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.

10-04-2015

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.202.2015.TREATIES-XXVI.6, dated 1 April 2015, conveying a communication of Canada regarding the accession of the State of Palestine to the Convention on Cluster Munitions, dated 30 May 2008.
The Government of the State of Palestine regrets the position of Canada and wishes to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according Palestine ‘nonmember observer State status in the United Nations’. In this regard, the State of Palestine reiterates that Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.
As a State Party to the Convention on Cluster Munitions, which enters into force on 1 July 2015, the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.

Zwitserland

17-07-2012

Switzerland will apply provisionally Article 1 (1) a) of the Convention pending its entry into force for Switzerland.