New hope for restricting Certain Conventional Weapons.

• Author: Luck, Les
• Position: Related article: CCW Review Conference Proposals

The coverage of conventional weapons in multilateral treaties is considered by many to be less extensive than that of weapons of mass destruction. Yet, casualties in recent conflicts have been caused overwhelmingly by conventional weapons. The 1980 Convention on Certain Conventional Weapons (CCW)--formally known as 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--is the only instrument that prohibits or restricts the use of certain types of conventional weapons. The origins of the CCW lie in customary international law and in two of its key principles: that the right of belligerents to adopt means or methods of warfare is not unlimited; and that the employment in armed conflicts of means and methods of warfare causing indiscriminate effects or of a nature to cause superfluous injury or unnecessary suffering is prohibited.

The CCW builds on these and other principles by aiming to "protect civilians from the effects of weapons and to protect combatants from the infliction of suffering which exceeds that necessary for the achievement of a legitimate military objective." This objective is set out in the Convention itself, and its Protocols build on this framework by setting out restrictions or prohibitions on specific types of weapons. To date, these Protocols cover non-detectable fragments, mines (and booby traps and other devices), incendiary weapons and blinding laser weapons.

The CCW, through its particular structure, was clearly intended to be a dynamic instrument capable of evolving as technology and international opinion develop. In fact, it states clearly that States parties may initiate amendment to the Convention or its Protocols and may propose the addition of new protocols. The Review Conferences are the obvious mechanism to address such amendments or proposals.

The next Review Conference, will take place from 11 to 21 December 2001, to consider a range of proposals to strengthen the Convention and further elaborate its fundamental obligations. It also offers States parties an opportunity to reiterate their commitment to the Convention's objective and purpose, intensify their efforts towards universality of the Convention, and improve the Convention's profile and position as a fundamental pillar of international humanitarian law. States parties will naturally be able to raise any further ideas at the Conference...