Translation from the Norwegian

Reply to Olav Akselsen's (Labour Party) question regarding the war in Libanon and the use of cluster munitions

24.10.06

Written question No. 61 (2006-2007)

By Member of the Storting Olav Akselsen (Labour Party) to the Minister of Foreign Affairs:

Question:
Following the war between Israel and Hezbollah, unexploded munitions originating from the warring parties, including duds from Israel’s extensive use of cluster bombs, are posing a major problem. There is a body of international law governing warfare and the use of certain types of weapons. What is your assessment of Israel’s and Hezbollah’s conduct during the war and their use of cluster bombs according to international law and conventions, as regards their responsibility for post-conflict clearance and their liability for damages?

The Minister of Foreign Affair’s reply:
According to reports from international humanitarian organisations, there were more civilian than military casualties due to cluster munitions, both during and after the war in Lebanon this summer. There have been reports of cluster munitions being used by both of the warring parties.

Furthermore, various members of the international community have accused Israel of violating international humanitarian law. Norway expects Israel to consider these accusations thoroughly and respond to them, and has communicated this to Israel in clear terms.

Like many other countries, Norway has urged the parties to provide the most reliable information possible on the use of cluster munitions, so that the affected areas can be made safe for the civilian population again as soon as possible. Norway is contributing actively to these efforts, providing both expertise and financial support.

There is no international instrument that prohibits the use of cluster munitions. A number of principles of customary international humanitarian law are, however, applicable and restrict the use of such munitions.

Particularly relevant in this context are the principles that, in order to protect the civilian population, the warring parties must distinguish between civilian objects and military targets, that they must not use weapons that can cause excessive damage or unnecessary suffering, and that they must take precautions to protect civilians against the danger associated with military operations.

Experience – not just from the war this summer, but from a large number of armed conflicts – has shown that these principles are not in themselves sufficient to prevent the use of cluster munitions that cause unacceptable humanitarian suffering.

In 2003, Norway and a number of other countries adopted a protocol to the Inhumane Weapons Convention (Protocol 5) with a view to limiting the humanitarian suffering caused by the explosive remnants of war following the use of cluster munitions. It includes provisions on exchange of information and responsibility for post-conflict clearance. However, so far only 24 States are parties to the protocol, and neither Israel nor Lebanon is among them.

Any question of claims for damages following the war in Lebanon due to violations of humanitarian law is primarily a matter between Lebanon and Israel. It would not be natural for Norway to take a position on this issue now.

However, the case of Lebanon clearly demonstrates that there is a real need to strengthen humanitarian law in this area. In the Government’s view, the human suffering caused by the use of cluster munitions is unacceptable. This is why Norway will take the lead – together with other like-minded countries and international humanitarian actors – to put in place an international prohibition against cluster munitions.