The Convention on Cluster Munitions. A Commentary

Edited by Gro Nystuen and Stuart Casey-Maslen, Oxford University Press, 2010.

 

*****

When,  at some point in the future, I look back on my time as Norwegian Foreign Minister, one of the moments that will stand out most vividly is 30 May 2008 in Dublin, when the Convention on Cluster Munitions was adopted. I arrived in the city early that morning on a night flight from Greenland, having barely slept, in time to see for myself the final stages of the process leading up to the adoption of the Convention. I felt then – and still feel – tremendous joy, as well as respect and gratitude towards the many women and men who had worked so tirelessly for so long to give us that moment.

The adoption of the Convention on Cluster Munitions is the culmination of an 18-month-long intensive and inclusive diplomatic process to address the human suffering caused by cluster munitions. Technical, humanitarian, military and legal experts from States, international organisations and civil society had worked together to achieve a convention that would make a difference, in terms of both helping those already affected by these weapons and preventing more people from becoming victims in the future.

The development, adoption, signing and entry into force of the Convention are now milestones successfully passed. Ahead, starting with the first Meeting of States Parties, lie all the challenges of implementing the Convention, to ensure that its words are put into action. The partnerships between States, the United Nations, the International Committee of the Red Cross and the Cluster Munition Coalition that so successfully underpinned the Oslo process will be key in ensuring that the Convention truly makes a difference for those affected.  

There is still much work to be done. The prohibitions set out in the Convention must be reflected in national legal frameworks. Stockpiles must be destroyed, contaminated areas must be identified and cleared, and risk reduction programmes must be undertaken. The rights of victims to full social and economic inclusion together with adequate medical care and rehabilitation must be realised. International cooperation among the States Parties will be critical in ensuring timely implementation of these core provisions.

The Convention on Cluster Munitions was a response to an acute international humanitarian problem. Together with other instruments of humanitarian disarmament, such as the 1997 Anti-Personnel Mine Ban Convention, it will strengthen international humanitarian law and other frameworks for the protection of civilians.

This book is a legal commentary, but it should be read by all those with an interest in making the Convention a reality. The authors have all been involved in the development of the Convention, and they provide insight into and analysis of all of its provisions. I hope that this work will help the international community in the practical implementation of the Convention, and thus also help to ensure that the obligations set out therein are translated into reality on the ground.

 

Oslo, June 2010