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Print Chapter 8 (PDF 117KB) | < - Report Home < - Chapter 7 : Chapter 9 - > |
Background
Protocol V
Implementation
Costs
Consultation
Conclusion and recommendation
8.1 | The Protocol on Explosive Remnants of War to the 1980 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 (Protocol V) reduces the humanitarian risk posed by explosive remnants of war by obliging Contracting States to mark and clear, remove or destroy explosive remnants of war.1 |
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Background |
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8.2 | The Convention on Prohibitions or Restrictions on the Use ofCertain Conventional Weapons which may be deemed to be Excessively Injurious or to Have Indiscriminate Effects (the Convention) is an important instrument of international humanitarian law.2 It prohibits and/or restricts the use of specific categories of conventional weapons, considered to be indiscriminate and to inflict superfluous injury or unnecessary suffering on both combatants and civilians.3 The Convention has 100 Parties.4
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8.3 | Australia’s delegation to the Group of Government Experts played an active role in the negotiation of Protocol V, advocated a balance between addressing the humanitarian impact of explosive remnants of war and legitimate military needs, as well as supporting a pragmatic approach to clearance responsibilities in territories outside a State’s control.6 |
8.4 | Twenty States are required to deposit notifications of consent to be bound before Protocol V enters into force.7 Currently 23 States have notified their consent to be bound by Protocol V and it is expected to enter into force on 12 November 2006.8 |
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Protocol V |
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8.5 | Protocol V is a legally binding instrument which applies to international and non-international armed conflict.9 Its primary obligation is for High Contracting States to mark and clear, remove or destroy explosive remnants of war present in their territory after the cessation of hostilities.10 |
8.6 | Under Article 4 of Protocol V, Parties must record and retain information on the use or abandonment of explosive ordnance in order to facilitate its post-conflict clearance. On the cessation of active hostilities, Parties must provide this information to parties in control of the affected area or to other organisations relevant to clearance operations. |
8.7 | Article 5 obliges Parties to protect the civilian population in the territory under its control from explosive remnants of war. |
8.8 | Under Article 6 Parties must protect humanitarian missions and organisations from the effects of explosive remnants of war. This may include the provision of information upon request on the location of all explosive remnants of war. |
8.9 | Parties may seek and receive assistance in dealing with problems posed by existing explosive remnants of war and any Party in a position to provide assistance, must do so.11 |
8.10 | Parties must use generic preventative measures to minimise the occurrence of explosive remnants of war. Suggested best practice is included within Section 3 of the Technical Annex. |
8.11 | The obligations under Protocol V are largely prospective and so do not apply to explosive remnants of war prior to the entry into force of the Protocol.12 However, obligations related to the protection of humanitarian missions and the provision of assistance relate to existing explosive remnants of war.13 |
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Implementation |
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8.12 | Implementation of Protocol V will not require any additional legislation.14 The Committee was informed that responsibility for compliance with Protocol V is with the Australian Defence Force.
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Costs |
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8.13 | Compliance with the obligations of Protocol V will not involve any immediate financial cost for Australia.16 |
8.14 | The National Interest Analysis states that costs may be incurred in the event that Australia is in control of territory containing explosive remnants of war.17
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Consultation |
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8.15 | Extensive consultation was undertaken within the Defence.19
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8.16 | Protocol V was an agenda item on the annual National Consultative Committee on Peace and Disarmament meetings in both 2002 and 2003. Members of this Committee include representatives from the Australian Red Cross and the Australian Network of the International Campaign to Ban Landmines.21 |
8.17 | Information on Protocol V was provided to the Commonwealth-State/Territory Standing Committee on Treaties.22 |
Conclusion and recommendation |
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8.18 | Support for Protocol V is consistent with Australia’s long-standing commitment to reducing the humanitarian impact of armed conflict, particularly on civilian populations. |
Recommendation 9
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1 | Mr Murray Perks, Transcript of Evidence, 11 September 2006, p. 24. Back |
2 | National Interest Analysis (NIA), para. 5. Back |
3 | NIA, para. 5. Back |
4 | NIA, para. 5. Back |
5 | Mr Murray Perks, Transcript of Evidence, 11 September 2006 , p. 24. Back |
6 | NIA, para. 6. Back |
7 | NIA, para. 7. Back |
8 | NIA, para. 7. Back |
9 | Mr Murray Perks, Transcript of Evidence, 11 September 2006, p. 24. Back |
10 | Article 3 Protocol V; NIA, para. 8; Mr Murray Perks, Transcript of Evidence, 11 September 2006 , p. 24. Back |
11 | Article 7 Protocol V. Back |
12 | NIA, para. 10. Back |
13 | Articles 6 and 9 respectively; NIA, para. 9. Back |
14 | NIA, para. 18. Back |
15 | Mr Murray Perks, Transcript of Evidence, 11 September 2006, p. 25. Back |
16 | NIA, para. 20. Back |
17 | NIA, para. 21. Back |
18 | Mr Murray Perks, Transcript of Evidence, 11 September 2006, p. 25. Back |
19 | NIA, ‘Consultation’, para. 1. Back |
20 | Mr Murray Perks, Transcript of Evidence, 11 September 2006, p. 25. Back |
21 | NIA, ‘Consultation’, para. 3. Back |
22 | NIA, ‘Consultation’, para. 2. Back |
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