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LIST OF TREATIES RELEVANT TO THE QUESTION OF LEGALITY OF DU
WEAPONS
1. The
2. Convention with Respect to the Laws and Customs of
War on Land,
3. Convention Respecting the Laws and Customs of War on
Land,
Preamble, paragraph 8 - De Martens clause:
"Until a more complete code of the laws of war has been issued, the High
Contracting Parties deem it expedient to declare that, in cases not included in
the Regulations adopted by them, the inhabitants and the belligerents remain
under the protection and the rule of the principles of the law of nations, as
they result from the usages established among civilized peoples, from the laws
of humanity, and the dictates of the public conscience."
Annex to the Convention, REGULATIONS RESPECTING THE
LAWS AND CUSTOMS OF
4. Protocol for the Prohibition of the Use in War of
Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of
Warfare,
5. Convention Relative to the Protection of Civilian
Persons in Time of War,
6. Declaration of the United Nations Conference on the
Human Environment,
7. Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons,
and on their Destruction, 1972;
8. Protocol Additional to the Geneva Conventions of 12
August 1949, and Relating to the Protection of Victims of International Armed
Conflicts (Protocol I of 1977) prohibits employment of “weapons,
projectiles and material and methods of warfare of a nature to cause superfluous
injury or unnecessary suffering” (Article 35, paragraph 2), as well as
employment of “methods or means of warfare which are intended, or may be
expected, to cause widespread, long-term and severe damage to the natural
environment” (Article 35, paragraph 3; also: Article 55). The use of DU weapons
also violates provisions of the same Protocol, regarding the protection of
civilian population against effects of hostilities (Article 48; Article 51,
paragraphs: 1, 4-c, 5-b; Article 57, paragraph 2-a-ii).
9. Rio Declaration on Environment and Development (Report
of the United Nations Conference on Environment and Development, Rio de
Janeiro, 3-14 June 1992, Annex I).
10. United Nations Sub-Commission on the Promotion and
Protection of Human Rights (the former Sub-Commisssion on Prevention of
Discrimination and Protection of Minorities), the main subsidiary body of the
UN Commission on Human Rights, had condemned the use of weaponry containing DU
together with the use of other weapons of mass destruction and with
indiscriminate effect:
UN Sub-Commission on Prevention of Discrimination and
Protection of Minorities Resolution 1996/16,
International peace and security as an essential
condition for the enjoyment of human rights, above all the right to life
Sub-Commission resolution
1996/16
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Guided by the principles of the Charter of the United Nations, the
Universal Declaration of Human Rights, the International Covenants on Human
Rights and the Geneva Conventions of 12 August 1949 and the Additional
Protocols thereto,
Recalling General Assembly resolutions 42/99 of 7 December 1987 and
43/111 of 8 December 1988 reaffirming that all people have an inherent right to
life,
Concerned at the alleged use of weapons of mass or indiscriminate
destruction both against members of the armed forces and against civilian
populations, resulting in death, misery and disability,
Concerned also at repeated reports on the long-term consequences of the
use of such weapons upon human life and health and upon the environment,
Concerned further that the physical effects on the environment, the
debris from the use of such weapons, either alone or in combination, and
abandoned contaminated equipment constitute a serious danger to life,
Convinced that the production, sale and use of such weapons are
incompatible with international human rights and humanitarian law,
Believing that continued efforts must be undertaken to sensitize public
opinion to the inhuman and indiscriminate effects of such weapons and to the
need for their complete elimination,
Convinced that the production, sale and use of such weapons are
incompatible with the promotion and maintenance of international peace and
security,
1. Urges all States to be guided in their national policies by the need
to curb the production and the spread of weapons of mass destruction or with
indiscriminate effect, in particular nuclear weapons, chemical weapons,
fuel-air bombs, napalm, cluster bombs, biological weaponry and weaponry
containing depleted uranium;
2. Requests the Secretary-General:
(a) To collect information from Governments, the competent United Nations
bodies and agencies and non-governmental organizations on the use of nuclear
weapons, chemical weapons, fuel-air bombs, napalm, cluster bombs, biological
weaponry and weaponry containing depleted uranium, on their consequential and
cumulative effects, and on the danger they represent to life, physical security
and other human rights;
(b) To submit a report on the information gathered to the Sub-Commission at its
forty-ninth session, together with any recommendations and views which he may
have received on effective ways and means of eliminating such weapons;
3. Decides to give further consideration to this matter at its
forty-ninth session, on the basis of any additional information which may be
contained in reports of the Secretary-General to the Sub-Commission or to other
United Nations bodies, or which may be submitted to the Sub-Commission by
Governments or non-governmental organizations.
34th meeting
[Adopted by 15 votes to 1, with 8 abstentions.]
Available also at: <http://www.unhchr.ch/huridocda/huridoca.nsf/FramePage/Body+SC+En?OpenDocument>
<http://www.unhchr.ch/Huridocda/Huridoca.nsf/0811fcbd0b9f6bd58025667300306dea/887c730868a70a758025665700548a00>
© Copyright 1999
Office of the United Nations High Commissioner for
Human Rights,
SUBCOMMISSION ON PREVENTION OF DISCRIMINATION AND
PROTECTION OF MINORITIES CONCLUDES FORTY-EIGHTH SESSION
9 - Press Release HR/CN/755
-- Affirmed that weapons of mass destruction and, in
particular, nuclear weapons should have no role to play in international
relations and thus should be eliminated;
-- Further reaffirmed its support for a total ban on the
production, marketing and use of such weapons; urged States that had not yet
done so to sign and ratify the Convention on Conventional Weapons and Protocols
thereto;
-- Urged all States to be guided in their national policies by
the need to curb production and spread of weapons of mass destruction or with
indiscriminate effect, in particular nuclear weapons, chemical weapons,
fuel-air bombs, napalm, cluster bombs, biological weaponry and weaponry
containing depleted uranium;
-- Requested the Secretary-General to collect information from
governments and other relevant sources on the use of such weapons and on their
consequential and cumulative effects, and to submit a report on the matter to
the Subcommission at its forty-ninth session.
International peace and security as an essential condition
for
the enjoyment of human rights, above all the right to life
Sub-Commission resolution 1997/36
The Sub-Commission on Prevention of Discrimination and Protection of
Minorities,
Guided by the Charter of the United Nations, the Universal Declaration
of Human Rights, the International Covenants on Human Rights and the Geneva
Conventions of 12 August 1949 and the Additional Protocols thereto,
Recalling General Assembly resolutions 42/99 of 7 December 1987 and
43/111 of 8 December 1988 reaffirming that all people have an inherent right to
life,
Recalling also its resolution 1992/39 of 28 August 1992 on arms
production and trade and human rights violations,
Recalling further its resolution 1996/16 of 29 August 1996, in which it
requested the Secretary-General to submit a report on information gathered on
the use of nuclear weapons, chemical weapons, fuel-air bombs, napalm, cluster
bombs, biological weaponry and weaponry containing depleted uranium and their
consequential and cumulative effects and the danger they represent to life,
physical security and other human rights,
Concerned at the use of weapons of mass or indiscriminate destruction or
of a nature to cause superfluous injury or unnecessary suffering, both against
members of the armed forces and against civilian populations, resulting in
death, pain, misery and disability,
Concerned also at repeated reports of the long-term consequences of the
use of such weapons upon human life and health,
Concerned further that the physical effects on the environment of
testing, storage or disposal of or debris from such weapons, either alone or in
combination, and abandoned contaminated equipment constitute a serious danger
to life and health,
Convinced that the use of or threat of use of weapons of mass or
indiscriminate destruction and, in certain circumstances, the production and
sale of such weapons are incompatible with international human rights and/or
humanitarian law,
Convinced also that the production, sale, use or threat of use of
chemical and biological weapons are incompatible with international law, as
well as the promotion and maintenance of international peace and security,
Convinced further that the use on civilian populations of napalm and
fuel-air bombs violates the Protocol on Prohibition or Restrictions on the Use
of Incendiary Weapons (Protocol III) to the 1980 Convention on Prohibitions or
Restrictions on the Use of Certain Conventional Weapons,
Believing that the production, sale, use or threat of use of nuclear
weapons has serious consequences for the promotion and maintenance of
international peace and security,
Believing further that continued efforts must be undertaken to sensitize
public opinion to the inhuman and indiscriminate effects of all such weapons
and to the need for their complete elimination,
Having considered the report of the Secretary-General (E/CN.4/Sub.2/1997/27)
and the many serious questions raised therein,
1. Urges all States to be guided in their national policies by the need
to curb the testing, the production and the spread of weapons of mass
destruction, or with indiscriminate effect, or of a nature to cause superfluous
injury or unnecessary suffering;
2. Decides to authorize Ms. Clemencia Forero Ucros to prepare, without
financial implications, a working paper, in the context of human rights and
humanitarian norms, assessing the utility, scope and structure of a study on
weapons of mass destruction or with indiscriminate effect, or of a nature to
cause superfluous injury or unnecessary suffering.
37th meeting ;
The Resolution available also at:
<http://www.unhchr.ch/Huridocda/Huridoca.nsf/0811fcbd0b9f6bd58025667300306dea/21a4acb0f1b289e>
<http://www.unhchr.ch/huridocda/huridoca.nsf/FramePage/Body+SC+En?OpenDocument>
© Copyright 1999
Office of the United Nations High Commissioner for
Human Rights,
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Copyright 2003 by Dan Bishop, All Rights Reserved
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