United States Mission to the United Nations in Geneva

Report of the Second Review Conference: Introduction
Organisation of the Second Review Conference
Work of the Second Review Conference
Decisions and Recommendations
Final Declaration
Documents of the Second Review Conference
Summary of Plenary Meetings
List of Participants

PART I

Report of the Second Review Conference

REPORT OF THE SECOND REVIEW CONFERENCE OF THE STATES PARTIES TO THE 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

I. Introduction

1. The First Review Conference of the States Parties to the 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 agreed, inter alia, that future review conferences should be held more frequently, with consideration to be given to holding a review conference every five years. In this connection, the Conference decided, consistent with Article 8.3(c), to convene a further conference five years following the entry into force of the amendments adopted at the First Review Conference, but in any case not later than 2001, with preparatory expert meetings starting as early as 2000, if necessary (Final Declaration, Article 8).

2. At its fifty-fifth session, the General Assembly of the United Nations, in operative paragraph 4 of its resolution 55/37 of 20 November 2000, inter alia, recalled the decision of the States Parties to the Convention to convene the next Review Conference not later than 2001, preceded by a preparatory committee, and recommended that the Review Conference be held in Geneva in December 2001. Furthermore, the General Assembly noted that, in conformity with Article 8 of the Convention, the next Review Conference may consider any proposal for amendments to the Convention or the Protocols thereto as well as any proposals relating to other categories of conventional weapons not covered by existing Protocols to the Convention.

3. Following the recommendation of United Nations General Assembly resolution 55/37, the Preparatory Committee held three sessions, on 14 December 2000, from 2 to 6 April 2001 and from 24 to 28 September 2001, respectively. In addition, at its second plenary meeting on 6 April 2001, the Preparatory Committee decided to convene informal open-ended consultations in Geneva during the week from 27 to 31 August 2001.

4. The First Preparatory Committee was held at Geneva on 14 December 2000 and it decided, inter alia, that the Second Review Conference would be held also at Geneva from 11 to 21 December 2001.

5. At its meeting on 14 December 2000, the Preparatory Committee agreed to recommend that the Conference adopt the Rules of Procedure as contained in Annex II of document CCW/CONF.II/PC.1/1, that is to apply, mutatis mutandis, the same Rules of Procedure as adopted by the First Review Conference held in 1995-1996 with oral amendments. In connection with the adoption of the Rules of Procedure, the Committee recommended that the President of the Second Review Conference make the following statement:

"With regard to Rule 34 of the Rules of Procedure, it is affirmed that, in the deliberations and negotiations relating to the Convention and its annexed Protocols, High Contracting Parties have proceeded on the basis of consensus and no decisions have been taken by vote."

6. Furthermore, the Committee approved the estimated costs of the Review Conference and its three Preparatory Committees.

7. At the first plenary meeting of the Second Preparatory Committee on 2 April 2001, the Committee unanimously decided to nominate Ambassador Les Luck of Australia as the President-designate of the Review Conference.

8. At the closing plenary meeting of the Third Preparatory Committee on 28 September 2001, the President-designate presented to the Committee a compilation of the proposals he recommended for consideration at the Second Review Conference (document CCW/CONF.II/PC.3/1, Annex III).

II. Organisation of the Second Review Conference

9. The Second Review Conference was held at Geneva from 11 to 21 December 2001.

10. On 11 December 2001, the Conference was opened by the President of the First Review Conference, Ambassador Johan Molander of Sweden. Subsequently, the Chairman of the Third Preparatory Committee, Ambassador Les Luck of Australia, submitted the Report of the Preparatory Committee to the Second Review Conference for its consideration.

11. At the same meeting, the Conference confirmed by acclamation the nomination of Ambassador Les Luck of Australia as President of the Review Conference.

12. At its first plenary meeting, on 11 December 2001, the Review Conference adopted its agenda as recommended by the Third Preparatory Committee (CCW/CONF.II/PC.3/1, Annex IV).

13. At the same meeting, the Conference adopted the Rules of Procedure, as recommended by the First Preparatory Committee. In connection with the adoption of the Rules of Procedure, the President of the Second Review Conference made the following statement:

14. At the same plenary meeting, the Conference unanimously confirmed the nomination of Mr. Vladimir Bogomolov, Political Affairs Officer in the Geneva Branch of Department for Disarmament Affairs as Secretary-General of the Conference. The nomination had been made by the Secretary-General of the United Nations by a letter dated 15 June 2001.

15. At the same plenary meeting, the Conference, in accordance with its Rules of Procedure and following the recommendation of the Third Preparatory Committee, unanimously elected 10 Vice-
Presidents from the following States Parties: Bangladesh, China, Croatia, France, Mexico, Poland, Slovakia, South Africa, Switzerland, and the United States of America.

16. At the same meeting, the Conference also unanimously elected the Chairmen and Vice-Chairmen of the Drafting Committee, the two Main Committees and the Credentials Committee, as follows:

Drafting Committee: Chairman Mr. Munir Akram (Pakistan)
Vice-Chairman Mr. Seiichiro Noboru (Japan)

Main Committee I: Chairman Mr. Rakesh Sood (India)
Vice-Chairman Mr. Clive Pearson (New Zealand)

Main Committee II: Chairman Mr. Chris Sanders (The Netherlands)
Vice-Chairman Mrs. Anda Filip (Romania)

Credentials Committee: Chairman Mr. Peter Kolarov (Bulgaria)
Vice-Chairman Mr. Jean Lint (Belgium)

17. The Conference also appointed, on the proposal of the President, representatives from the following three States Parties as members of the Credentials Committee: China, Cuba and Germany.

18. At the same meeting, in accordance with Rule 16 of the Rules of Procedure, the Conference adopted the arrangements for meeting the costs of the Conference, as they were reflected in the documents of the Preparatory Committee (CCW/CONF.II/PC.1/1, Annex III and CCW/CONF.II/PC.2/1, Annex IV).

19. At its first plenary meeting on 11 December, the Conference received a message from the Secretary-General of the United Nations which was delivered by the Under Secretary-General of the United Nations for Disarmament Affairs, Mr. Jayantha Dhanapala.

20. The following 65 States Parties to the Convention participated in the work of the Conference: Argentina, Australia, Austria, Bangladesh, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, China, Colombia, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guatemala, Holy See, Hungary, India, Ireland, Israel, Italy, Japan, Jordan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mauritius, Mexico, Monaco, Mongolia, Netherlands, New Zealand, Norway, Pakistan, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Senegal, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tunisia, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America and Yugoslavia (Federal Republic of).

21. The following four Signatory States also participated in the work of the Conference: Egypt, Morocco, Turkey and Viet Nam.

22. The following 18 States not parties to the Convention participated as observers: Albania, Armenia, Bahrain, Chile, Eritrea, Honduras, Iran (Islamic Republic of), Kuwait, Libyan Arab Jamahiriya, Oman, Saudi Arabia, Singapore, Sri Lanka, Tanzania, Thailand, Tonga, Venezuela and Yemen.

23. The representatives of the International Committee of the Red Cross (ICRC) and the United Nations Children's Fund (UNICEF) also participated in the work of the Conference.

24. The representatives of the Geneva International Center for Humanitarian Demining (GICHD), the International Campaign to Ban Landmines (ICBL) (including its member organisations: the American Bar Association, German Initiative to Ban Landmines, Handicap International (Belgium), Handicap International (France), Human Rights Watch, International Peace Bureau, Landmine Action (UK), Landmine Monitor, Lutheran World Federation, Mennonite Central Committee, Mines Action Canada, and the Quaker United Nations Office), the Vietnam Veterans of America Foundation, and the World Forum on the Future of Sport Shooting Activities (WFSA) attended public meetings of the Conference.

III. Work of the Second Review Conference

25. Under the presidency of Mr. Les Luck, the Conference held four plenary meetings. The documentation and summary records of these meetings are included in the present report.

26. Following the adoption of the Agenda and Rules of Procedure, the Conference also adopted the Programme of Work and decided to distribute its work between the two main Committees as follows:

(a) Main Committee I: Review of the scope and operation of the Convention and its annexed Protocols, consideration of any proposals relating to the Convention or to Protocols annexed to the Convention, and preparation and consideration of the final documents;

(b) Main Committee II: Consideration of proposals for additional Protocols to the Convention.

27. On 11 and 12 December 2001, the Conference held a general exchange of views. The following delegations participated in that exchange of views: Argentina, Australia, Bangladesh, Belarus, Belgium (on behalf of the European Union and associated States), Brazil, Canada, Chile, China, Croatia, Cuba, Egypt, France, Guatemala, India, Israel, Japan, Mexico, Morocco, New Zealand, Norway, Pakistan, Poland, Republic of Korea, Russian Federation, South Africa, Sweden, Switzerland, Ukraine, United States of America and the International Committee of the Red Cross (ICRC). The representative of the United Nations Children's Fund (UNICEF) also participated in the exchange of views. Non-governmental organisations, namely the Vietnam Veterans of America Foundation, the Mennonite Central Committee and the International Campaign to Ban Landmines (ICBL), also participated in the exchange of views. Following the national statements, the President of the Third Annual Conference of States Parties to Amended Protocol II, Ambassador Christian Faessler of Switzerland presented the report of the Third Annual Conference.

28. Main Committee I held seven meetings from 13 to 20 December 2001. Its report, together with the Draft Final Declaration of the Second Review Conference, was submitted to the Conference at its fourth plenary meeting on 21 December 2001, at which time the Conference took note of the report (CCW/CONF.II/MC.I/1).

29. Main Committee II held four meetings from 13 to 20 December 2001. The Chairman of the Committee presented its report to the Conference at its fourth plenary meeting on 21 December 2001, at which time the Conference took note of the report (CCW/CONF.II/MC.II/1).

30. The Credentials Committee held two meetings and submitted its report to the Conference at its fourth plenary meeting on 21 December 2001 (CCW/CONF.II/CC/1). At the same meeting, the Conference approved the report of the Committee and adopted the draft resolution contained therein.

31. The Drafting Committee was not convened at the Second Review Conference.

IV. Decisions and Recommendations

32. At its fourth plenary meeting, on 21 December 2001, the Conference adopted by consensus the Final Declaration of the Review Conference.

33. Also at the same meeting, the Conference approved the cost estimates for the meeting of States Parties and the intersessional work established by the Final Declaration (see page 43 and 45, respectively). The Conference recommended the appointment of Ambassador Rakesh Sood of India as Chairman-designate of the meeting of States Parties to be held at Geneva from 12-13 December 2002, and appointed two Coordinators for the Group of Governmental Experts: Ambassador Chris Sanders of the Netherlands on Explosive Remnants of War, and Mr Peter Kolarov of Bulgaria on Mines Other than Anti-Personnel Mines.

34. At the same meeting, the Conference adopted its final report.

PART II

Final Declaration
FINAL DECLARATION

THE HIGH CONTRACTING PARTIES TO THE 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, WHICH MET IN GENEVA FROM 11 TO 21 DECEMBER 2001, TO REVIEW THE SCOPE AND OPERATION OF THE CONVENTION AND THE PROTOCOLS ANNEXED THERETO AND TO CONSIDER ANY PROPOSAL FOR AMENDMENTS OF THE CONVENTION OR OF THE EXISTING PROTOCOLS, AS WELL AS PROPOSALS FOR ADDITIONAL PROTOCOLS RELATING TO OTHER CATEGORIES OF CONVENTIONAL WEAPONS NOT COVERED BY THE EXISTING ANNEXED PROTOCOLS

Reaffirming their conviction that the 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 can significantly reduce the suffering of civilians and combatants,

Reaffirming their determination to call upon all States that have not done so to become parties to the Convention and its annexed Protocols as soon as possible, so that the instrument attains universal adherence,

Reaffirming the need to reinforce international cooperation in the area of prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects,

Recognising that many armed conflicts are non-international in character, and that such conflicts should also be within the scope of the Convention,

Gravely concerned that the indiscriminate effects or the irresponsible use of certain conventional weapons often fall on civilians, including in non-international armed conflicts,

Recognising the need to protect civilians from the effect of weapons, the use of which is restricted or prohibited by this Convention and its annexed Protocols, which take into account all circumstances ruling at the time, including humanitarian and military considerations,

Reaffirming their unequivocal condemnation of all acts, methods and practices of terrorism as criminal and unjustifiable, regardless of their motivation, in all their forms and manifestations, wherever and by whomever committed,

Deeply concerned at the humanitarian and development problems caused by the presence of explosive remnants of war, which constitute an obstacle to the return of refugees and other displaced persons, to humanitarian aid operations, to reconstruction and economic development, as well as to the restoration of normal social conditions,

Welcoming the entry into force of Amended Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (Amended Protocol II) on 3 December 1998,

Noting that the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction entered into force on 1 March 1999,

Reaffirming also the need to reinforce international cooperation in the area of mine action and to devote greater resources towards that end,

Recognising the need to further explore the issue of mines other than anti-personnel mines, including through reinforced international cooperation in the area of mine action, and the allocation of necessary resources to that end,

Welcoming the entry into force of the Protocol on Blinding Laser Weapons (Protocol IV) on 30 July 1998,

Recognising the crucial role of the International Committee of the Red Cross and encouraging it to continue to work to facilitate further ratifications and accessions to the Convention and its annexed Protocols, to disseminate their contents and to lend its expertise to future Conferences and other meetings related to the Convention and its annexed Protocols,

Acknowledging the invaluable humanitarian efforts of non-governmental organisations in armed conflicts and welcoming the expertise they have brought to the Review Conference itself,

Noting the report of the International Committee of the Red Cross on "Ensuring respect for the 1868 St. Petersburg Declaration prohibiting the use of certain explosive projectiles" (dated 18 September 2001). Inviting States to consider this report and other relevant information, and take any appropriate action,

SOLEMNLY DECLARE:

· Their commitment to respect and comply with the objectives and provisions of the Convention and its annexed Protocols as an authoritative international instrument governing the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects,

· Their determination to promote universal adherence to the Convention and its annexed Protocols, and to call upon all States that have not yet done so to take all measures to become parties, as soon as possible, to the Convention and to its annexed Protocols. In this regard, the Conference encourages States to cooperate to promote universal adherence,

· Their reaffirmation of the principles of international humanitarian law, as mentioned in the Convention, that "the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited, and on the principle that prohibits the employment in armed conflicts of weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering" and that "the civilian population and the combatants shall at all times remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience",

· Their determination to extend the application of the Convention and its annexed Protocols to armed conflicts of a non-international character and, to that end, their satisfaction with the amendment of Article I of the Convention,

· The importance they attach to the earliest possible entry into force of the amendment of Article I of the Convention, and their desire that all States, pending its entry into force, respect and ensure respect for the revised scope of application of the Convention to the fullest extent possible,

· Their commitment to the full implementation of, and compliance with, the Convention and its annexed Protocols, and to keep the provisions of the Convention and its annexed Protocols under review in order to ensure their provisions remain relevant to modern conflicts,

· Their determination to consult and cooperate with each other in order to facilitate the full implementation of the obligations contained in the Convention and its annexed Protocols, thereby promoting compliance,

· Their commitment to reinforce cooperation and assistance, including the transfer of technology as appropriate, with a view to facilitating the implementation of the Convention and its annexed Protocols,

· Their determination to address as a matter of urgency the deleterious humanitarian effects of explosive remnants of war, through a thorough examination of these effects and possible measures to prevent and remedy them,

· Their commitment to further explore the issue of mines other than anti-personnel mines (referred to as anti-vehicle mines),

· Their satisfaction at the entry into force of Amended Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (Amended Protocol II), and at the progress made by the three Annual Conferences of States Parties to Amended Protocol II, and their determination to encourage all States to become parties to Amended Protocol II as soon as possible,

· Their conviction that all States should strive towards the goal of the eventual elimination of anti-personnel mines globally and in this regard noting that a significant number of States Parties have formally committed themselves to a prohibition of the use, stockpiling, production and transfer of anti-personnel mines and on their destruction,

· Their continuing commitment to assist, to the extent feasible, impartial humanitarian demining missions, operating with the consent of the host State and/or the relevant States Parties to the conflict, in particular by providing all necessary information in their possession covering the location of all known minefields, mined areas, mines, booby-traps and other devices in the area in which the mission is performing its functions,

· Their satisfaction at the entry into force of the Protocol on Blinding Laser Weapons (Protocol IV), and their determination to encourage all States to become parties to the Protocol as soon as possible,

· Their reaffirmation of the recognition by the First Review Conference of the need for the total prohibition of blinding laser weapons, the use and transfer of which are prohibited in Protocol IV,

· Their recognition of the importance of keeping the blinding effects related to the use of laser systems under consideration, taking into account scientific and technological developments,

· Their determination to urge States which do not already do so, to conduct reviews such as that provided for in Article 36 of Protocol I additional to the 1949 Geneva Conventions, to determine whether any new weapon, means or methods of warfare would be prohibited by international humanitarian law or other rules of international law applicable to them,

· Their commitment to follow up the review process and, for that purpose, establish a regular review mechanism for the Convention and its amended Protocols, as well as more frequent meetings of States Parties,

RECOGNISE that the important principles and provisions contained in this Final Declaration can also serve as a basis for further strengthening the Convention and its annexed Protocols and express their determination to implement them,

AND

· DECIDE to amend Article I of the Convention to read as follows:

"1. This Convention and its annexed Protocols shall apply in the situations referred to in Article 2 common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims, including any situation described in paragraph 4 of Article I of Additional Protocol I to these Conventions.

2. This Convention and its annexed Protocols shall also apply, in addition to situations referred to in paragraph 1 of this Article, to situations referred to in Article 3 common to the Geneva Conventions of 12 August 1949. This Convention and its annexed Protocols shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature, as not being armed conflicts.

3. In case of armed conflicts not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply the prohibitions and restrictions of this Convention and its annexed Protocols.

4. Nothing in this Convention or its annexed Protocols shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the Government, by all legitimate means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State.

5. Nothing in this Convention or its annexed Protocols shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict occurs.

6. The application of the provisions of this Convention and its annexed Protocols to parties to a conflict which are not High Contracting Parties that have accepted this Convention or its annexed Protocols, shall not change their legal status or the legal status of a disputed territory, either explicitly or implicitly.

7. The provisions of Paragraphs 2-6 of this Article shall not prejudice additional Protocols adopted after 1 January 2002, which may apply, exclude or modify the scope of their application in relation to this Article."

· DECIDE to commission follow-up work on decisions arising from the Second Review Conference of the Convention, under the oversight of the Chairman-designate of a meeting of the States Parties to the Convention to be held on 12-13 December 2002 in Geneva, in conjunction with the Fourth Annual Conference of States Parties to Amended Protocol II, which may begin on 11 December 2002.

· DECIDE to establish an open-ended Group of Governmental Experts with separate Coordinators to:

(a) discuss ways and means to address the issue of Explosive Remnants of War (ERW). In this context the Group shall consider all factors, appropriate measures and proposals, in particular:

1. factors and types of munitions that could cause humanitarian problems after a conflict;

2. technical improvements and other measures for relevant types of munitions, including sub-munitions, which could reduce the risk of such munitions becoming ERW;

3. the adequacy of existing International Humanitarian Law in minimising post-conflict risks of ERW, both to civilians and to the military;

4. warning to the civilian population, in or close to, ERW-affected areas, clearance of ERW, the rapid provision of information to facilitate early and safe clearance of ERW, and associated issues and responsibilities;

5. assistance and co-operation.

The Coordinator shall undertake work in an efficient manner so as to submit recommendations, adopted by consensus, at an early date for consideration by the States Parties, including whether to proceed with negotiating a legally-binding instrument or instruments on ERW and/or other approaches.

(b) further explore the issue of mines other than anti-personnel mines. The Coordinator shall submit a report, adopted by consensus, to the States Parties.

· DECIDE that the Chairman-designate shall undertake consultations during the intersessional period on possible options to promote compliance with the Convention and its annexed Protocols, taking into account proposals put forward, and shall submit a report, adopted by consensus, to the States Parties.

· DECIDE to invite interested States Parties to convene experts to consider possible issues related to small calibre weapons and ammunition, such as:

- military requirements
- scientific and technical factors/methodology
- medical factors
- legal/treaty obligations/standards
- financial implications

and in this respect, report on their work to the States Parties to the Convention. These meetings shall have no implications for the CCW budget.

The intersessional work will be undertaken in three sessions during 2002:

· 20 - 24 May 2002
· 8 - 19 July 2002 or 22 July - 2 August 2002
· 2 - 10 December 2002

The Chairman-designate shall consult States Parties on financial arrangements and the programme of work. The intersessional work will be conducted in accordance with the Rules of Procedure adopted by the Second Review Conference of the States Parties to the Convention.

Review of the Preamble

Preambular paragraph 3

The Conference recalls the obligation to determine in the study, development, acquisition or adoption of a new weapon, means and method of warfare, whether its employment would, in some or all circumstances, be prohibited under any rule of international law applicable to the High Contracting Parties.

Preambular paragraph 8

The Conference reaffirms the need to continue the codification and progressive development of the rules of international law applicable to certain conventional weapons which may be excessively injurious or have indiscriminate effects.

Preambular paragraph 10

The Conference underlines the need to achieve wider adherence to the Convention and its annexed Protocols. The Conference welcomes recent ratifications and accessions to the Convention and its annexed Protocols and urges the High Contracting Parties to accord high priority to their diplomatic efforts to encourage further adherence with a view to achieving universal adherence as soon as possible.

Review of the Articles

Article 1 (Scope of application)

The Conference recognises the necessity and the importance of extending the application of the principles and rules of this Convention to conflicts of a non-international nature.

The Conference also recognises the right of a State Party to take legitimate measures to maintain or re-establish law and order in accordance with paragraph 4 of amended Article 1 of the Convention.

The Conference acknowledges and confirms that the High Contracting Parties agreed to broaden the scope of the Convention by amendment to Article 1. The Conference encourages all States Parties to deposit as soon as possible their instrument of ratification, acceptance, approval or accession of the amendment to Article 1 with the Depositary of the Convention.

Article 2 (Relations with other international agreements)

The Conference reaffirms that nothing in the Convention or its annexed Protocol shall be interpreted as detracting from other obligations imposed upon the High Contracting Parties by international humanitarian law.

Article 3 (Signature)

The Conference notes the provisions of Article 3.

Article 4 (Ratification, acceptance, approval or accession)

The Conference notes that 88 States have ratified, accepted, acceded or succeeded to the Convention.

The Conference calls upon States which are not parties to this Convention to ratify, accept, approve or accede, as appropriate, to the Convention, thus contributing to the achievement of universal adherence to the Convention.

The Conference, in this context, invites the High Contracting Parties to encourage further accessions to the Convention and its annexed Protocols.

Article 5 (Entry into Force)

This Conference notes the provisions of Article 5.

Article 6 (Dissemination)

The Conference encourages international cooperation in the field of dissemination of the Convention and its annexed Protocols and recognises the importance of multilateral collaboration relating to instruction, the exchange of experience at all levels, the exchange of instructors and the organisation of joint seminars. The Conference underlines the importance of the High Contracting Parties' obligation to disseminate this Convention and its annexed Protocols, and, in particular to include the content in their programmes of military instruction at all levels.

The Conference requests the United Nations Secretary General to make all documents relating to the Convention available on the United Nations website.

Article 7 (Treaty relations upon entry into force of this Convention)

The Conference notes the provisions of Article 7.

Article 8 (Review and amendments)

The Conference agrees that future Review Conferences should continue to be held on a regular basis.

The Conference decides, consistent with Article 8.3(c) to convene a further Conference five years following the entry into force of the amendments adopted at the Second Review Conference, but in any case not later than 2006, with preparatory meetings starting as early as 2005, if necessary.

The Conference welcomes the adoption of the text of an amended Article 1 of the Convention in accordance with subparagraph 3(a) of this Article.

The Conference proposes that the next Review Conference consider further measures in relation to other conventional weapons, which may be deemed to cause unnecessary suffering or to have indiscriminate effects.

The Conference decides to convene a meeting of High Contracting Parties on 12-13 December 2002 in Geneva.

Article 9 (Denunciation)

The Conference notes with satisfaction that the provisions of this Article have not been invoked.

Article 10 (Depositary)

The Conference notes the provisions of Article 10.

Article 11 (Authentic texts)

The Conference notes the provisions of Article 11.

Review of the Protocols

Protocol on Non-Detectable Fragments (Protocol I)

The Conference takes note of the provisions of this Protocol.

Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (Protocol II) and Technical Annex to the Protocol

The Conference takes note of the provisions of this Protocol.

Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended on 3 May 1996 (Amended Protocol II) and Technical Annex to the Protocol

The Conference acknowledges that the High Contracting Parties strengthened Protocol II in a number of areas at the First Review Conference, and takes note of the provisions of Amended Protocol II and welcomes its entry into force.

The Conference also notes with satisfaction that in accordance with Article 13 of Amended Protocol II, three Annual Conferences of High Contracting Parties were held for the purpose of consultations and cooperation on all issues related to Amended Protocol II.

The Conference recommends that future Annual Conferences of High Contracting Parties of Amended Protocol II coincide with any meetings of High Contracting Parties to the Convention.

The Conference takes note of the reporting obligations of High Contracting Parties under Amended Protocol II, and calls on High Contracting Parties to fulfill these obligations in a timely, consistent and complete manner.

The Conference acknowledges the valuable work of relevant agencies and bodies of the United Nations; of the International Committee of the Red Cross pursuant to its mandate to assist war victims and of NGOs in a number of fields, in particular the care and rehabilitation of mine victims, implementation of mine-awareness programmes and mine clearance.

Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III)

The Conference takes note of the provisions of this Protocol.

Protocol on Blinding Laser Weapons (Protocol IV to the 1980 Convention)

The Conference takes note of the provisions of this Protocol and welcomes its entry into force.

PART III

Documents of the Second Review Conference

Agenda of the Second Review Conference

1. Opening of the Second Review Conference

2. Submission of the final report of the Preparatory Committee

3. Confirmation of the nomination of the President-designate

4. Adoption of the Agenda

5. Adoption of the Rules of Procedure

6. Confirmation of the nomination of the Secretary-General of the Conference

7. Election of Vice-Presidents of the Review Conference, Chairmen and Vice-Chairmen of the Drafting Committee, the Credentials Committee and the Main Committees

8. Message from the Secretary-General of the United Nations

9. Arrangements for meeting the costs of the Conference

10. Appointment of the Credentials Committee

11. Organisation of work including that of the subsidiary bodies of the Conference

12. General exchange of views (Plenary)

13. Review of the scope and operation of the Convention and its annexed Protocols

14. Consideration of any proposal for the Convention and its existing Protocols

15. Consideration of proposals for additional protocols to the Convention

16. Report of the Credentials Committee

17. Reports of the Main Committees

18. Report of the Drafting Committee

19. Consideration and adoption of the final documents

20. Other matters
Annotations

1. Opening of the Conference by the Chairman of the Preparatory Committee for the Second Review Conference of the States Parties to the 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 (CCW)

The Second Review Conference of the States Parties to the 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 (CCW) will be opened at 10.00 a.m. on 11 December 2001 at the Palais des Nations, Geneva, Room XVIII.

The Chairman of the Preparatory Committee, Ambassador Les Luck of Australia, shall open the Review Conference.

2. Submission of the final report of the Preparatory Committee

At its final plenary meeting on 28 September 2001 the Preparatory Committee adopted its Report, as contained in document CCW/CONF.II/PC.3/1, which is submitted for consideration of the Second Review Conference. This Report contains Annex III in which the President- designate presented to the Preparatory Committee a compilation of proposals he recommended be considered by the Second Review Conference. Pursuant to Rule 29 of the Draft Rules of Procedure those proposals shall constitute the basic proposals for consideration by the Conference.

The Report of the Preparatory Committee shall be submitted by the Chairman of the Preparatory Committee to the Second Review Conference for its consideration.

3. Confirmation of the nomination of the President-designate

Rule 6 of the Draft Rules of Procedure provides that the Conference shall elect a President from among the States Parties participating in the Conference.

At the first plenary meeting of the Second Preparatory Committee on 2 April 2001, the Preparatory Committee unanimously decided to nominate Ambassador Les Luck of Australia as the President-designate of the Review Conference. The Review Conference will confirm this nomination.

4. Adoption of the Agenda

At its final meeting on 28 September 2001, the Third session of the Preparatory Committee approved the draft provisional agenda for the Review Conference, as contained in its Report (document CCW/CONF.II/PC.3/1 - Annex IV) and recommended it for adoption by the Review Conference. The Present document contains the provisional agenda with annotations.

5. Adoption of the Rules of Procedure

At its first meeting on 14 December 2001 of the First Session of the Preparatory Committee, the Committee agreed to apply, mutatis mutandis, the same Rules of Procedure as adopted by the First Review Conference held in 1995-96 with oral amendments.

The Committee agreed to recommend that the Conference adopt the Rules of Procedure, as contained in Annex II. In connection with the adoption of the Rules of Procedure, the Preparatory Committee recommended that the President of the Second Review Conference make the following statement:

6. Confirmation of the nomination of the Secretary-General of the Conference

At the first plenary meeting of the First Session of the Preparatory Committee on 14 December 2000, the Committee, noting that the Under Secretary-General for Disarmament Affairs had designated Mr. Vladimir Bogomolov, Political Affairs Officer in the Geneva Branch of the Department for Disarmament Affairs, to serve as Provisional Secretary-General of the Conference, decided to confirm Mr. Bogomolov as Provisional Secretary-General of the Conference on the understanding that he would perform this function until the convening of the Conference, at which time his nomination would need to be confirmed.

By a letter dated 15 June 2001 the Secretary-General of the United Nations appointed Mr. Bogomolov as Provisional Secretary-General of the Review Conference. The Review Conference will confirm this nomination.

7. Election of Vice-Presidents of the Review Conference, Chairman and Vice-Chairmen of the Drafting Committee, the Credentials Committee and the Main Committees

In accordance with Rule 6 of the Draft Rules of Procedure, the Conference shall elect from among the States Parties participating in the Conference ten Vice-Presidents as well as the Chairman and a Vice-Chairman for each of the 2 (two) Main committees, the Drafting Committee and the Credentials Committee. These officers shall be elected so as to ensure the representative character of the General Committee provided for in Rule 10 ("The General Committee shall be composed of the President, who shall preside, ten Vice-Presidents, the Chairman of the two main committees, the Drafting Committee and the Credentials Committee.").

The Third Session of the Preparatory Committee addressed the issue of provisional nomination of Vice-Presidents of the Review Conference, Chairmen and Vice-Chairmen of the Main Committees, the Drafting Committee and the Credentials Committee and agreed to request the Group Coordinators and China to have a list of nominees available by the opening plenary meeting of the Second Review Conference scheduled for 11 December 2001, based on the following attribution of positions to States Parties:

Vice-Presidents of the Review Conference: Bangladesh, China, Croatia, France, Mexico, Poland, Slovakia, South Africa, Switzerland, and the United States of America.

Main Committee I: Chairman: India; Vice-Chairman: New Zealand.

Main Committee II: Chairman: The Netherlands; Vice-Chairman: Romania.

Drafting Committee: Chairman: Pakistan; Vice-Chairman: Japan.

Credentials Committee: Chairman: Bulgaria; Vice-Chairman: Belgium.

Members of the Credentials Committee: China, Cuba and Germany.

8. Message from the Secretary-General of the United Nations

The Secretary-General of the United Nations will address the Review Conference via a video message during the high-level segment of the general exchange of views.

9. Adoption of arrangements for meeting the costs of the Conference

At its first meeting on 14 December 2001, the Preparatory Committee approved the estimated costs of the Review Conference and its three Preparatory Committees as contained in Annex III of the Final Document - Report of the First Preparatory Committee (CCW/CONF.II/PC.1/1).

At its second plenary meeting on 6 April 2001, the Second Session of the Preparatory Committee decided that informal open-ended consultations would be convened in Geneva during the week of 27-31 August 2001. In that connection, the Preparatory Committee approved the cost estimates for that session as contained in Annex IV (CCW/CONF.II/PC.2/1). During the Second Session of the Preparatory Committee a number of delegations emphasised that the budgetary decision had been taken on the understanding that the costs of the informal consultations on August would be covered by savings made on the provision of services to the Second Session. Accordingly, the actual expenditure of the informal consultations will be apportioned among the participants at the time of final billing for the Second Session when total actual expenditures have been recorded.

In accordance with Rule 16 of the draft rules of procedure, the costs of the Review Conference will be met by the States Parties to the Convention participating in the Review Conference based on the United Nations scale of assessment to the regular budget, prorated to take into account the number of States Parties participating in the Conference. States which are not States Parties to the Convention and which have accepted the invitation to take part in the Review Conference will share in the costs to the extent of their respective rates of assessment under the United Nations scale. States were informed about their assessed share of the estimated costs of the Conference in a note verbale to that effect.

10. Appointment of the Credentials Committee

In accordance with Rule 4 of the draft rules of procedure, there shall be a Credentials Committee consisting of five members elected by the Conference on the proposal of the President (see paragraph 7). The Committee will examine the credentials of representatives and report to the Conference.

11. Organisation of work including that of the subsidiary bodies of the Conference

With the adoption of the Rules of Procedure the Review Conference will establish a General Committee, which shall be composed of the President, who shall preside, ten Vice-Presidents, the Chairmen of the two Main Committees, the Drafting Committee and the Credentials Committee. The Review Conference will also establish two Main Committees, which shall receive their assignments from the Conference and report to it; the Drafting Committee, which will be composed of representatives of the same States which are represented on the General Committee; and a Credentials Committee. The Conference and the Main Committees may establish working groups.

The President-designate of the Conference has proposed the following distribution of work among the two main committees:

- Main Committee I:
Review of the scope and operation of the Convention and its annexed Protocols, consideration of any proposals relating to the Convention or to Protocols annexed to the Convention, and preparation and consideration of the final documents;

- Main Committee II:
Consideration of proposals for additional Protocols to the Convention;

Pursuant to Rule 44 of the Draft Rules of Procedure the plenary meetings of the Conference and the meetings of the Main Committees shall be held in public, unless the body concerned decides otherwise. As a general rule, meetings of other committees and working groups shall be held in private (Rule 45).

12. General exchange of views (Plenary)

The general exchange of views will take place during the plenary meetings to be held on 11, 12 and 13 December (high-level segment) and thereafter any time the President of the Conference will deem it to be necessary. Pursuant to Rule 49.2 of the Draft Rules of Procedure representatives of non-governmental organisations may make oral statements in plenary meetings on questions in which they have a special competence, upon the invitation of the presiding officer of the plenary and subject to the approval of that body. A plenary meeting has been envisaged for that purpose on 14 December 2001.

13. Review of the scope and operation of the Convention and its annexed Protocols

The First Review Conference of the States Parties to the Convention on the Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects agreed, inter alia, that future Review Conferences should be held more frequently, with consideration to be given to holding a Review Conference every five years. In this connection, the Conference decided, consistent with Article 8.3(c) of the Convention to convene a further Conference five years following the entry into force of the amendments adopted at the First Review Conference, but in any case not later than 2001, with preparatory expert meetings starting as early as 2000, if necessary (Final Declaration, Article 8).

At its fifty-fifth session, the General Assembly of the United Nations, in its resolution 55/37 of 20 November 2000, inter alia, recalled the decision of the States Parties to the Convention to convene the next Review Conference not later than 2001, preceded by a Preparatory Committee, and recommended that the Review Conference be held in Geneva in December 2001; welcomed the convening of the first session of the Preparatory Committee for the Second Review Conference at Geneva on 14 December 2000, and decided to convene the second session from 2 to 6 April 2001 and the third session from 24 to 28 September 2001. Furthermore, the General Assembly noted that, in conformity with Article 8 of the Convention, the next Review Conference may consider any proposal for amendments to the Convention or the Protocols thereto as well as any proposals relating to other categories of conventional weapons not covered by existing Protocols to the Convention.

The First Session of the Preparatory Committee, noting the recommendation of the United Nations General Assembly contained in operative paragraph 4 of resolution 55/37, decided that the Second Review Conference would be held at Geneva from 11 to 21 December 2001.

14. Consideration of any proposal for the Convention and its existing Protocols

Proposals for amendments to the Convention and its annexed Protocols are included in the Report of the Third Session of the Preparatory Committee as Annex III (document CCW/CONF.II/PC.3/1). Pursuant to Rule 29 of the Draft Rules of Procedure, these proposals shall constitute the basic proposals for consideration by the Conference, under this item.
15. Consideration of proposals for additional Protocols to the Convention

Proposals for additional Protocols are included in the Report of the Third Session of the Preparatory Committee as Annex III (document CCW/CONF.II/PC.3/1). Pursuant to Rule 29 of the Draft Rules of Procedure these proposals shall constitute the basic proposal for consideration by the Conference under this item.

16. Report of the Credentials Committee

The Conference shall take note of the Report of the Credentials Committee.

17. Reports of the Main Committees

The Conference shall take note of the Reports of the Main Committees.

18. Report of the Drafting Committee

Pursuant to Rule 36 of the draft rules of procedure, the Review Conference will establish a Drafting Committee, composed of representatives of the same States which are represented on the General Committee. It shall co-ordinate the drafting of and edit all texts referred to it by the Conference or by a Main Committee, without altering the substance of the texts, and report to the Conference or to the Main Committee as appropriate. It should also, without reopening the substantive discussion on any matter, formulate drafts and give advice on drafting as requested by the Conference or a Main Committee. Representatives of other States may also attend the meetings of the Drafting Committee and may participate in its deliberations when matters of particular concern to them are under discussion.

The Conference shall take note of the report of the Drafting Committee.

19. Consideration and adoption of the final documents

The Conference shall consider and adopt the final documents under this item.

20. Other matters

Any other matters may be raised as the situation warrants.
Programme of Work of the Second Review Conference

Agenda of Main Committee I

1. Opening of the meeting by the Chair

2. General statements regarding the new proposals

3. Consideration of proposals concerning scope of the Convention

4. Consideration of proposals concerning compliance and operation of the Convention

5. Consideration of President's non-paper of 11 December 2001

6. Consideration of the Final Declaration

7. Any other matters

8. Conclusions
Report of Main Committee I

1. The Second Review Conference of the States Parties to the 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, at its first plenary meeting, on 11 December 2001, adopted the distribution of work for the two main committees, and decided that Main Committee I should deal with: "Review of the scope and operation of the Convention and its annexed Protocols, consideration of any proposal relating to the Convention or to Protocols annexed to the Convention, and preparation and consideration of the final documents."

2. The Committee held seven meetings from 13 to 20 December 2001, under the Chairmanship of Ambassador Rakesh Sood of India. Ambassador Clive Pearson of New Zealand served as Vice-Chairman of the Committee. Mr. Jerzy Zaleski, Political Affairs Officer of the United Nations Department for Disarmament Affairs (Geneva Branch), served as Secretary of the Committee.

3. In the course of its consideration of items 13 and 14 of the agenda of the Review Conference, entitled "Review of the scope and operation of the Convention and its annexed Protocols" and "Consideration of any proposal for the Convention and its existing Protocols", respectively, the Committee had before it:

CCW/CONF.II/PC.3/1, Annex III List of proposals for consideration at the Second Review Conference
CCW/CONF.II/MC.I/WP.1 Draft Agenda of Main Committee I
CCW/CONF.II/MC.I/CRP.1 and Rev.1* Draft Final Declaration
CCW/CONF.II/MC.I/CRP.2* Draft Report of Main Committee I

4. At the third meeting on 18 December 2001, the Chairman of the Committee submitted a conference room paper (CCW/CONF.II/MC.I/CRP.1)* containing a draft Final Declaration of the Conference.

5. At its seventh meeting on 20 December 2001, the Committee adopted its draft report (CCW/CONF.II/MC.I/CRP.2)* as well as the Draft Final Declaration (CCW/CONF.II/MC.I/CRP.1/Rev.1)* and recommended the Draft Final Declaration for adoption by the Conference.
Annex

DRAFT FINAL DECLARATION

Recognising that many armed conflicts are non-international in character, and that such conflicts should also be within the scope of the Convention,

Gravely concerned that the indiscriminate effects or the irresponsible use of certain conventional weapons often fall on civilians, including in non-international armed conflicts,

Welcoming the entry into force of Amended Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (Amended Protocol II) on 3 December 1998,

Noting that the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction entered into force on 1 March 1999,

Reaffirming also the need to reinforce international cooperation in the area of mine action and to devote greater resources towards that end,

Welcoming the entry into force of the Protocol on Blinding Laser Weapons (Protocol IV) on 30 July 1998,

Acknowledging the invaluable humanitarian efforts of non-governmental organisations in armed conflicts and welcoming the expertise they have brought to the Review Conference itself,

SOLEMNLY DECLARE:

· Their commitment to further explore the issue of mines other than anti-personnel mines (referred to as anti-vehicle mines),

· Their reaffirmation of the recognition by the First Review Conference of the need for the total prohibition of blinding laser weapons, the use and transfer of which are prohibited in Protocol IV,

· Their recognition of the importance of keeping the blinding effects related to the use of laser systems under consideration, taking into account scientific and technological developments,

· Their commitment to follow up the review process and, for that purpose, establish a regular review mechanism for the Convention and its annexed Protocols, as well as more frequent meetings of States Parties,

AND

· DECIDE to amend Article I of the Convention to read as follows:

· DECIDE to establish an open-ended Group of Governmental Experts with separate Coordinators to:

(a) discuss ways and means to address the issue of Explosive Remnants of War (ERW). In this context the Group shall consider all factors, appropriate measures and proposals, in particular:

1. factors and types of munitions that could cause humanitarian problems after a conflict;

2. technical improvements and other measures for relevant types of munitions, including sub-munitions, which could reduce the risks of such munitions becoming ERW;

3. the adequacy of existing International Humanitarian Law in minimising post-conflict risks of ERW, both to civilians and to the military;

5. assistance and co-operation.

(b) further explore the issue of mines other than anti-personnel mines. The Coordinator shall submit a report, adopted by consensus, to the States Parties.

· DECIDE to invite interested States Parties to convene experts to consider possible issues related to small calibre weapons and ammunition, such as:

- military requirements
- scientific and technical factors/methodology
- medical factors
- legal/treaty obligations/standards
- financial implications

and in this respect, report on their work to the States Parties to the Convention. These meetings shall have no implications for the CCW budget.

The intersessional work will be undertaken in three sessions during 2002:

· 20 - 24 May 2002
· 8 - 19 July 2002 or 22 July - 2 August 2002
· 2 - 10 December 2002

Review of the Preamble

Preambular paragraph 3

Preambular paragraph 8

Preambular paragraph 10

Review of the Articles

Article 1 (Scope of application)

The Conference recognises the necessity and the importance of extending the application of the principles and rules of this Convention to conflicts of a non-international nature.

The Conference also recognises the right of a State Party to take legitimate measures to maintain or re-establish law and order in accordance with paragraph 4 of amended Article 1 of the Convention.

Article 2 (Relations with other international agreements)

The Conference reaffirms that nothing in the Convention or its annexed Protocols shall be interpreted as detracting from other obligations imposed upon the High Contracting Parties by international humanitarian law.

Article 3 (Signature)

The Conference notes the provisions of Article 3.

Article 4 (Ratification, acceptance, approval or accession)

The Conference notes that 88 States have ratified, accepted, acceded or succeeded to the Convention.

The Conference, in this context, invites the High Contracting Parties to encourage further accessions to the Convention and its annexed Protocols.

Article 5 (Entry into Force)

This Conference notes the provisions of Article 5.

Article 6 (Dissemination)

The Conference requests the United Nations Secretary General to make all documents relating to the Convention available on the United Nations website.

Article 7 (Treaty relations upon entry into force of this Convention)

The Conference notes the provisions of Article 7.

Article 8 (Review and amendments)

The Conference agrees that future Review Conferences should continue to be held on a regular basis.

The Conference welcomes the adoption of the text of an amended Article 1 of the Convention in accordance with subparagraph 3(a) of this Article.

The Conference decides to convene a meeting of High Contracting Parties on 12 - 13 December 2002 in Geneva.

Article 9 (Denunciation)

The Conference notes with satisfaction that the provisions of this Article have not been invoked.

Article 10 (Depositary)

The Conference notes the provisions of Article 10.

Article 11 (Authentic texts)

The Conference notes the provisions of Article 11.

Review of the Protocols

Protocol on Non-Detectable Fragments (Protocol I)

The Conference takes note of the provisions of this Protocol.

Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (Protocol II) and Technical Annex to the Protocol

The Conference takes note of the provisions of this Protocol.

Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended on 3 May 1996 (Amended Protocol II) and Technical Annex to the Protocol

The Conference also notes with satisfaction that in accordance with Article 13 of Amended Protocol II, three Annual Conferences of High Contracting Parties were held for the purpose of consultations and co-operation on all issues related to Amended Protocol II.

The Conference recommends that future Annual Conferences of High Contracting Parties of Amended Protocol II coincide with any meetings of High Contracting Parties to the Convention.

Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III)

The Conference takes note of the provisions of this Protocol.

Protocol on Blinding Laser Weapons (Protocol IV to the 1980 Convention)

The Conference takes note of the provisions of this Protocol and welcomes its entry into force.

Agenda of Main Committee II

1. Opening of the meeting of the Chair

2. General statements regarding the new proposals

3. Consideration of proposals concerning "Explosive Remnants of War"

4. Consideration of proposals concerning Mines other than Anti-Personnel Mines

5. Consideration of proposals concerning Wound Ballistics

6. Procedural matters, follow-up

7. Any other matters

8. Conclusions
Report of Main Committee II

2. The Committee held four formal meetings and one informal meeting from 13 to 20 December 2001, under the Chairmanship of Ambassador Chris Sanders of the Netherlands. Ambassador Anda Filip of Romania served as Vice-Chairman of the Committee. Mr. Richard Lennane, Political Affairs Officer, Geneva Branch, Department for Disarmament Affairs, served as Secretary of the Committee.

3. In the course of its consideration of item 15 of the agenda of the Second Review Conference, entitled "Consideration of proposals for additional protocols to the Convention", the Committee had before it proposals on explosive remnants of war, on mines other than anti-personnel mines, and on small calibre weapons and ammunition, as set out in Annex III of CCW/CONF.II/PC.3/1. The Committee considered these proposals and related follow-up and procedural matters in accordance with its agenda, CCW/CONF.II/MC.II/WP.1, adopted at its first meeting on 13 December 2001.

4. At its third meeting on 18 December 2001, the Chairman recommended that the proposals, as developed in course of the discussions held by the Committee, be referred to Main Committee I for further consideration and incorporation as appropriate into the Final Declaration of the Conference.

5. At its fourth meeting on 20 December 2001, the Committee adopted its report.

Report of the Credentials Committee

1. Rule 4 of the Rules of Procedure of the Second Review Conference of the States Parties to the 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 provides that:

"1. There shall be a Credentials Committee of five members elected by the Conference on the proposal of the President.

"2. The Credentials Committee shall examine the credentials of representatives and report to the Conference."

2. On 11 December 2001, in accordance with Rule 6 of the Rules of Procedure, the Conference unanimously elected Minister Plenipotentiary Peter Kolarov (Bulgaria), as Chairman of the Credentials Committee and H.E. Ambassador Jean Lint (Belgium) as Vice-Chairman of the Committee. Mr. Ye Min Than, Professional Assistant, served as Secretary of the Committee.

3. At the same meeting, in accordance with Rule 4 of the Rules of Procedure, the Conference acting on the proposal of the President appointed the following countries as members of the Credentials Committee: China, Cuba and Germany.

4. Rule 3 of the Rules of Procedure provides that "The credentials of representatives and the names of alternate representatives and advisers shall be submitted to the Secretary-General of the Conference, if possible not later than 24 hours after the opening of the Conference. Any later change in the composition of delegations shall also be submitted to the Secretary-General of the Conference. The credentials shall be issued by the Head of the State or Government or by the Minister for Foreign Affairs."

5. The Committee held its first meeting on 14 December 2001 to examine the credentials received as of that date. The Committee had before it the Memorandum of 14 December 2001 from Mr. Vladimir Bogomolov, the Secretary-General of the Conference, containing information on the status of the credentials of the representatives of the States Parties attending the Conference.

6. Noting the information contained in the Memorandum from the Secretary-General of the Conference, the Committee decided to issue an informal paper on the status of credentials. This document was circulated in the Conference Room on 14 December.

7. At its second meeting held on 20 December 2001, the Committee examined the information contained in the Secretary-General's Memorandum as well as the documentation received from States Parties to the Convention. The Committee noted that as of 20 December 2001:
I. States Parties

(a) Formal credentials in due form, as provided for by Rule 3 of the Rules of Procedure, had been communicated to the Secretary-General of the Conference for representatives from the following 52 States Parties:

Argentina, Australia, Austria, Belarus, Belgium, Brazil, Bulgaria, Canada, China, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guatemala, Holy See, Hungary, India, Ireland, Israel, Italy, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Mauritius, Mexico, Monaco, Netherlands, New Zealand, Norway, Peru, Philippines, Poland, Romania, Russian Federation, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tunisia, Ukraine, United Kingdom of Great Britain and Northern Ireland and United States of America.

(b) Provisional credentials for the representatives of the following 6 States Parties had been communicated to the Secretary-General of the Conference:

Bangladesh, Japan, Jordan, Mongolia, Pakistan and Yugoslavia (Federal Republic of).

(c) The designation of the representatives of the following States Parties had been communicated to the Secretary-General of the Conference by notes verbales or letters from their Permanent Missions in Geneva:

Benin, Bolivia, Bosnia-Herzegovina, Colombia, Malta, Portugal and Senegal.

II. States not parties

The following States not parties to the Convention, which had been among those invited as observers, had accredited their representatives:

(a) Signatories: Egypt, Morocco, Turkey and Viet Nam.

(b) Non-signatories: Albania, Armenia, Bahrain, Chile, Eritrea, Honduras, Iran (Islamic Republic of), Kuwait, Libyan Arab Jamahiriya, Oman, Saudi Arabia, Singapore, Sri Lanka, Tanzania, Thailand, Tonga, Venezuela and Yemen.

8. Rule 18 of the Rules of Procedure provides that "A majority of the States Parties to the Convention participating in the Conference shall constitute a quorum." In this regard, the number of the States Parties that had submitted credentials constituted a quorum.

9. On the proposal of the Chairman, the Committee agreed to accept the credentials of all the participating States Parties referred to in paragraph 7 I (a), (b) and (c) above, on the understanding that the originals of the credentials of the representatives of those States referred to in paragraph 7 I (b) and (c) would be submitted as soon as possible, in accordance with Rule 3 of the Rules of Procedure.

10. At its second meeting, the Committee unanimously adopted its report to the Conference.

11. In view of the foregoing, the present report is submitted to the Conference.

RECOMMENDATION OF THE CREDENTIALS COMMITTEE

12. The Credentials Committee recommends to the Conference the adoption of the following draft resolution:

"Report of the Credentials Committee to the Second Review Conference of the States Parties to the 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

"The Second Review Conference of the States Parties to the 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,

"Having considered the report of the Credentials Committee and the recommendation contained therein,

"Approves the report of the Credentials Committee."
Estimated Costs of the 2002 Meeting of the States Parties to the 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

Note by the Secretariat

1. The Second Review Conference of the States Parties to the 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, held in Geneva from 11 to 21 December 2001, decided to convene a 2 day meeting of the States Parties in December 2002.

2. This document is submitted pursuant to the above-mentioned decision of the States Parties and provides the estimated costs of that meeting.

3. The costs of this meeting (including both conference and non-conference servicing requirements) are estimated at US$ 343,000. A breakdown of the estimated costs is provided in the attached table.

4. It should be noted that the costs are estimated on the basis of past experience and anticipated workload. The actual costs would be determined after the closure of the meeting when the exact workload is known and actual expenditures have been recorded.

5. With regard to the financial arrangements, it will be recalled that in accordance with the practice followed on the occasion of previous conferences on multilateral disarmament treaties, and as reflected in their Rules of Procedure, the costs would be shared among the States Parties participating in the conferences, based upon the United Nations scale of assessment pro-rated to take into account the number of States Parties participating in the conference. States that are not States Parties but that have accepted the invitation to take part in the meeting would share in the costs to the extent of their respective rates of assessment under the United Nations scale of assessments.

6. Subject to the States Parties' approval of the estimated costs and cost-sharing formula, assessment notices would be prepared based on the overall estimated costs and applicable cost-sharing formula. Since the above-mentioned activities have no financial implication for the regular budget of the Organisation, States Parties should proceed with the payment of their share of the estimated costs as soon as assessment notices have been received.
CCW/CONF.II/L.2
Page 2 (total 343,000) to be inserted
Estimated Costs of the Three Sessions of the Group of Governmental Experts of the States Parties to the 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

Note by the Secretariat

1. The Second Review Conference of the States Parties to the 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, held in Geneva from 11 to 21 December 2001, decided to establish an open-ended Group of Governmental Experts to examine a number of proposals submitted by various States Parties. The Group will meet for three sessions as follows: 1st session 5 working days, 2nd session 10 working days and 3rd session 7 working days.

2. This document is submitted pursuant to the above-mentioned decision of the States Parties and provides the estimated costs of those sessions.

3. The costs of the sessions are estimated at US$ 868,100. A breakdown of the estimated costs is provided in the attached tables.

4. It should be noted that the costs are estimated on the basis of past experience and anticipated workload. The actual costs would be determined after the closure of the sessions when the exact workload is known and actual expenditures have been recorded.

5. With regard to the financial arrangements, it will be recalled that in accordance with the practice followed on the occasion of previous multilateral disarmament conferences, and as reflected in their Rules of Procedure, the costs of such conferences, including those pertaining to preparatory meetings, would be shared among the States Parties participating in the conferences, based upon the United Nations scale of assessment pro-rated to take into account the number of States Parties participating in the conference. States that are not States Parties but that have accepted the invitation to take part in the meeting would share in the costs to the extent of their respective rates of assessment under the United Nations scale of assessments.

6. Subject to the States Parties' approval of the estimated costs and cost-sharing formula, assessment notices would be prepared based on the overall estimated costs and applicable cost-sharing formula. Since the above-mentioned activities have no financial implication for the regular budget of the Organisation, States Parties should proceed with the payment of their share of the estimated costs as soon as assessment notices have been received.

CCW/CONF.II/L.3
Page no.2 - 229,229 (to be inserted)
CCW/CONF.II/L.3
Page 3 303,550 (to be inserted)
CCW/CONF.II/L.3
Page no.4 335,348 (to be inserted)
summary

Draft Mandate on Explosive Remnants of War for a Group of Governmental Experts

(As submitted by Friend of the Chair on Explosive Remnants of War
Ambassador Chris Sanders of the Netherlands)

The Review Conference of the States Parties to the 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 decides to establish an open-ended Group of Governmental Experts to discuss ways and means to address the issue of Explosive Remnants of War (ERW). In this context, and taking into account the example of Amended Protocol II or of other existing instruments as appropriate, the Group shall consider all factors, appropriate measures and proposals, in particular:

1. factors and types of munitions that could cause humanitarian problems after a conflict;

2. technical improvements and other measures for relevant types of munitions, including sub-munitions, which could reduce the risks of such munitions from becoming ERW;

3. the adequacy of existing International Humanitarian Law in minimising post-conflict risks of ERW, both to civilians and to the military;

4. warning to the civilian population in or close to ERW affected areas, clearance of ERW, the rapid provision of information to facilitate early and safe clearance of ERW, assistance and cooperation, and associated issues and responsibilities;

The Group of Governmental Experts shall undertake its work in an efficient manner so as to submit its recommendations at an early date for consideration by the States Parties, including whether to proceed with negotiating a legally-binding instrument or instruments on ERW and/or other approaches.

Working Paper submitted by the European Union

Explosive Remnants of War

This paper is presented by Belgium on behalf of the European Union. The Central and Eastern European countries associated with the European Union - Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia - and the associated countries, Cyprus and Malta, have expressed the wish to align themselves with this paper.

Objective

The European Union recognises the serious problems caused by "Explosive Remnants of War" (ERW), munitions which have ceased to have any military purpose, and which are a cause of humanitarian suffering and a serious impediment to humanitarian assistance, peace-keeping, reconstruction and development. They are a threat to civilians and military alike. In this context, the EU would like to refer to the UK working paper on the military and humanitarian objectives of addressing unexploded remnants of war (UXO) of September the 26th.

The present working paper seeks to contribute to the deliberations on how to deal with problems caused by ERW with an aim to facilitate the building of a consensus on how to carry forward the process after the Review Conference in December 2001. The European Union believes guidance on how to regulate explosive remnants of war can be found in the existing instruments of the CCW as well as in proposals put forward by the ICRC, Switzerland (sub-munitions) and others.

Scope of application

Measures on ERW should apply to international and non-international armed conflicts.

Material Scope

There are different approaches on this, each having its own merits. One could envisage a comprehensive approach to tackle the problems, such as combining general provisions with weapon-specific requirements in one legal instrument. Such an instrument could have a general part including provisions on practical applications of existing humanitarian law, the duty to inform civilians, promote early clearing, etc. Another part could contain weapon-specific requirements for selected munitions and ordnance on, for example, detectability and self-destruction mechanisms. Another approach to dealing with the problem could be a weapons-specific approach, e.g. with separate Protocols for specific categories of munitions, such as sub-munitions.

An issue to consider is how to deal with possible overlaps between a Protocol on ERW and other Protocols of the CCW.

Preventative measures

The aim of a legal instrument to deal with ERW would be twofold. Firstly, it should deal with munitions before they become ERW. It should strive to prevent the occurrence of explosive remnants, inter alia through establishing provisions for enhanced reliability and self-destruction. Secondly, the instrument should aim at preventing injury caused by explosive devices once they have become ERW. This could be done by requiring, inter alia, detectability for clearance, rapid warning to the public and information to facilitate clearance and other steps to promote early clearance. Thus both technical and non-technical solutions could form part of such a legal instrument.

1) With regard to measures to prevent munitions from becoming ERW, technical requirements need to be considered with regard to inter alia increased reliability of fuses, self-destruction/neutralisation devices and deactivation. The European Union believes that the Swiss proposal on deactivation and self-destruction of sub-munitions is a valuable contribution to those discussions.

As International Humanitarian Law (IHL) applies to all spheres of armed conflict, the EU believes that this should be reflected in an instrument on ERW. Further discussions are necessary on practical application of IHL in view of the specific characteristics of ERW.

2) For munitions which have failed to explode, the question of responsibility for providing information to the general public and to those clearing, has to be addressed. Inspiration for such provisions could be found in Amended Protocol II. The technical aspect of detectability also has to be considered.

A legal obligation should require parties to a conflict to provide information and education for civilians on what munitions were used in specific areas and particularly, of the dangers unstable unexploded ordnance may cause. Such information should be provided as soon as possible, but at any rate, expeditiously after hostilities have ceased. Therefore it may be necessary to include provisions on the recording and use of information.

With regard to clearing, the aim would be to promote rapid and safe clearing. This requires that ERW are easy to detect and that those working in clearing (inter alia UN agencies, governments and other relevant actors) are provided, taking operational security considerations into account, with the appropriate technical information on munitions used.