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Cluster Munitions and International Humanitarian Law, to be Reconciled?

Cluster Munitions and International Humanitarian Law, to be Reconciled?
Author: Julien Bury
Publisher:
Total Pages:
Release: 2008
Genre:
ISBN:

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Main question to be answered is: Does the use of cluster munitions form an infringement to the general rules of international humanitarian law?


The Convention on Cluster Munitions

The Convention on Cluster Munitions
Author: Gro Nystuen
Publisher: Oxford University Press
Total Pages: 866
Release: 2010-10-21
Genre: History
ISBN: 0199599009

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This is a commentary on the legislation around the use of cluster munitions in warfare.--


Cluster Munitions and International Law

Cluster Munitions and International Law
Author: Alexander Breitegger
Publisher: Routledge
Total Pages: 252
Release: 2012-03-12
Genre: Law
ISBN: 1136507183

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This book offers a comprehensive argument for why pre-existing international law on cluster munitions was inadequate to deal with the full scope of humanitarian consequences associated with their use. The book undertakes an interdisciplinary legal analysis of restraints and prohibitions on the use of cluster munitions under international humanitarian law, human rights law, and international criminal law, as well as in relation to the recently adopted Convention on Cluster Munitions (CCM). The book goes on to offer an in-depth substantive and procedural analysis of the negotiations which led to the 2008 CCM, in part based on the author’s experiences as an adviser to Cluster Munitions Coalition-Austria. Cluster Munitions and International Law is essential reading for practitioners and scholars of International Law, including International Humanitarian, Human Rights, International Criminal or Disarmament Law and anyone interested in legal and humanitarian perspectives on cluster munitions legislation and policy. It is unique in bringing a practitioner’s perspective to a scholarly work.


Creating Consensus

Creating Consensus
Author: Geetanjali Mukherjee
Publisher: Geetanjali Mukherjee
Total Pages: 236
Release: 2014-09-22
Genre: Political Science
ISBN: 1537863088

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This book analyses the events leading up to the cluster munitions ban, the provisions of the treaty, as well as assesses the progress made in the years since towards a world without the presence of cluster munitions. Cluster bombs are weapons that are small but deadly. They often look like small metal canisters, and some of them are painted, giving them the innocuous appearance of a soda can. The unexploded submunitions that are scattered on the ground, in effect, act as landmines, that can kill or severely injure anyone who comes across them, sometimes even years and decades later. It has been reported that 98% of all casualties of cluster munitions are civilians, of which one-third are children. Cluster munitions have been used in numerous conflicts since the Second World War, and it has been estimated that at least 1 billion submunitions were stockpiled globally. The campaign to ban cluster munitions faced a monumental and nearly impossible task – to convince governments to agree to stop using a valuable weapon that they stockpiled by the hundreds of thousands, in a political climate where the interests of national security and state sovereignty outweighed humanitarian concerns in almost every instance. However, where many international agreements failed and diplomatic processes stalled, the campaign to ban cluster munitions succeeded. Despite strong opposition from many countries, 107 countries met in Dublin in May 2008 to negotiate and adopt a treaty prohibiting the use, production, transfer and stockpiling of cluster munitions. The outcome of the Oslo Process was a ray of hope among the usual cynicism and disenchantment of similar international processes. This book explores this question: how was this accomplished, and are there any wider lessons to be learned from it?


International Humanitarian Law

International Humanitarian Law
Author: Nils Melzer
Publisher:
Total Pages: 355
Release: 2016
Genre: Crimes against humanity
ISBN: 9782940396467

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Out of Balance

Out of Balance
Author: Brian Rapper
Publisher:
Total Pages: 32
Release: 2005
Genre: Cluster bombs
ISBN: 9780955192302

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The Long and Winding Road Towards an Instrument on Cluster Munitions

The Long and Winding Road Towards an Instrument on Cluster Munitions
Author: Nout van Woudenberg
Publisher:
Total Pages:
Release: 2010
Genre:
ISBN:

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Cluster munition has been used for some decades. The issue of how to keep the cluster munition problem manageable has also been debated for a long time. At present, the establishment of an international instrument on cluster munitions is being discussed in two fora, namely in the context of the Conventional Weapons Convention and in what is known as the Oslo Process . These discussions, which have intensified following the use of cluster munitions by Israel in southern Lebanon in the summer of 2006, are driven by the impact such munitions can have on the civilian population. Whereas formerly the debate tended to focus on the general problem of the explosive remnants of war (ERW) and current international humanitarian law was fairly generally regarded as adequate, the calls for an instrument specifically designed to deal with the issue of cluster munitions have suddenly become much more insistent since 2006. The article considers various questions. For example, how can the problem of cluster munitions be defined in a nutshell? What are cluster munitions? Is current international humanitarian law inadequate? How are the discussions on ERW in general and cluster munitions in particular being pursued? And why is an international legal instrument now being discussed in two fora? In short, the article is about a long and winding road towards an instrument on cluster munitions, or perhaps two instruments.