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LIST OF TREATIES RELEVANT TO THE QUESTION OF LEGALITY OF DU WEAPONS

1. The Petrograd Declaration, of 1868

2. Convention with Respect to the Laws and Customs of War on Land, The Hague, July 29, 1899 - (Hague II)

3. Convention Respecting the Laws and Customs of War on Land, The Hague, October 18, 1907 - (Hague IV)

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 WAR ON LAND, Section II, Chapter I, Article 22: "The right of belligerents to adopt means of injuring the enemy is not unlimited."

4. Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, Geneva, June 17, 1925;

5. Convention Relative to the Protection of Civilian Persons in Time of War, Geneva, 1949;

6. Declaration of the United Nations Conference on the Human Environment, Stockholm, 1972;

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, August 29, 1996, E/CN.4/SUB.2/RES/1996/16; UN Press Release, September 4, 1996, HR/CN/755; UN Sub-Commission on Prevention of Discrimination and Protection of Minorities Resolution 1997/36, August 28, 1997, E/CN.4/SUB.2/RES/1997/36.

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
29 August 1996
[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>

Office of the United Nations High Commissioner for Human Rights, Geneva, Switzerland

SUBCOMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES CONCLUDES FORTY-EIGHTH SESSION

9 - Press Release HR/CN/755 4 September 1996

-- 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 ; 28 August 1997 ; [Adopted without a vote. See chap. XIV <http://157.150.69.104/html/menu4/subres/12rep.htm>.]

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>

Office of the United Nations High Commissioner for Human Rights, Geneva, Switzerland

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