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A New Treaty Banning Cluster Munitions: The Interplay Between Disarmament Diplomacy And Humanitarian Requirements

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Chapter Summary

Weapons that leave unexploded remnants in large numbers represent a very concrete human security issue. In 1997, anti personnel mines were outlawed. In May 2008, a new treaty banning cluster munitions was negotiated and adopted in Dublin. This chapter describes the background for this recent humanitarian diplomatic undertaking, as well as the political aspects of the process towards a prohibition on cluster munitions. It discusses the scope of application of the principle of distinction to weapons that represent a threat to civilians long after their deployment. Moreover, the chapter discusses the content of this newest addition to the body of international humanitarian law against the background of a discussion on whether there was a case for new law at all. The Convention on Cluster Munitions (CCM) has made it politically difficult to actually use any of the weapons defined as prohibited cluster munitions.

Keywords: anti personnel mines; Convention on Cluster Munitions (CCM); international humanitarian law



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