UNTC

STATUS AS AT : 04-05-2024 09:15:33 EDT

CHAPTER XXVI

DISARMAMENT

2 .d Protocol on Explosive Remnants of War 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 (Protocol V)

Geneva, 28 November 2003

Entry into force

12 November 2006, in accordance with article 5 (3) and (4) of the Convention.

Registration

12 November 2006, No. 22495

Status

Parties : 97

Text

United Nations, Treaty Series, vol. 2399, p. 100; Doc.CCW/MSP/2003/2 and depositary notification C.N.42.2004.TREATIES-2 of 11 March 2004; C.N.181.2004.TREATIES-9 of 26 February 2004 [Proposal of corrections to the original text of the Protocol (Chinese version)] and C.N.542.2004.TREATIES-10 of 27 May 2004 [Corrections to the original text of the Protocol (Chinese version); C.N.693.2004.TREATIES-8 of 6 July 2004 [Proposal of corrections to the original text of the Protocol (Spanish version)] and C.N.1084.2004.TREATIES-12 of 7 October 2004 [Corrections to the original text of the Protocol (Spanish version)]; C.N.1076.2004.TREATIES-11 of 4 October 2004 [Proposal of corrections to the original text of the Protocol (French version)], C.N.1347.2004.TREATIES-12 of 18 February 2005 (Objection to the proposed corrections to the authentic French text of the Protocol) and C.N.105.2005.TREATIES-2 of 18 February 2005 [Corrections to the original text of the Protocol (French version)]; C.N.1110.2004.TREATIES-11 OF 26 October 2004 [Proposal of corrections to the original text of the Protocol (Spanish version)] and C.N.37.2005.TREATIES-1 of 25 January 2005 [Corrections to the original text of the Protocol (Spanish version)]; C.N.375.2006.TREATIES-4 of 15 May 2006 [Corrections to the original text of the Protocol (Spanish version)]; C.N.123.2005.TREATIES-2 of 24 February 2005 [Proposal of corrections to the original text of the Protocol (French version)] and C.N.222.2005.TREATIES-4 of 29 March 2005 [Corrections to the original text of the Protocol (French version)]; C.N.138.2006.TREATIES-1 of 10 February 2006 [Proposal of corrections to the original text of the Protocol (Russian version) and C.N.385.2006.TREATIES-7 of 16 May 2006 [Corrections to the original text of the Protocol (Russian version); C.N.437.2006.TREATIES-9 of 1 June 2006, C.N.241.2006.TREATIES-1 of 22 March 2006, C.N.440.2006.TREATIES-9 of 1 June 2006 and C.N.379.2006.TREATIES-4 of 16 May 2006, (Corrected versions of the Chinese, French, Russian and Spanish authentexts of the Protocol, respectively).

Note

The above Protocol was adopted by the 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 held in Geneva on 28 November 2003. The Protocol shall be open to all States for consent to be bound in accordance with article 4 of the Convention.

Participant	Succession(d), Consent to be bound(P)
Afghanistan	9 Aug 2017 P
Albania	12 May 2006 P
Argentina	7 Oct 2011 P
Australia	4 Jan 2007 P
Austria	1 Oct 2007 P
Bahrain	11 Mar 2016 P
Bangladesh	26 Sep 2013 P
Belarus	29 Sep 2008 P
Belgium	25 Jan 2010 P
Benin	27 Sep 2019 P
Bosnia and Herzegovina	28 Nov 2007 P
Brazil	30 Nov 2010 P
Bulgaria	7 Nov 2005 P
Burkina Faso	10 Oct 2016 P
Burundi	13 Jul 2012 P
Cameroon	7 Dec 2010 P
Canada	19 May 2009 P
Chile	18 Aug 2009 P
China ¹	10 Jun 2010 P
Costa Rica	27 Apr 2009 P
Côte d'Ivoire	25 May 2016 P
Croatia	7 Feb 2005 P
Cuba	14 Nov 2012 P
Cyprus	11 Mar 2010 P
Czech Republic	6 Jun 2006 P
Denmark	28 Jun 2005 P
Dominican Republic	21 Jun 2010 P
Ecuador	10 Mar 2009 P
El Salvador	23 Mar 2006 P
Estonia	18 Dec 2006 P
Finland	23 Mar 2005 P
France	31 Oct 2006 P
Gabon	22 Sep 2010 P
Georgia	22 Dec 2008 P
Germany	3 Mar 2005 P
Greece	21 Oct 2014 P
Grenada	10 Dec 2014 P
Guatemala	28 Feb 2008 P
Guinea-Bissau	6 Aug 2008 P
Holy See	13 Dec 2005 P
Honduras	16 Aug 2010 P
Hungary	13 Nov 2006 P
Iceland	22 Aug 2008 P
India	18 May 2005 P
Iraq	24 Sep 2014 P
Ireland	8 Nov 2006 P
Italy	11 Feb 2010 P
Jamaica	25 Sep 2008 P
Kuwait	24 May 2013 P
Lao People's Democratic Republic	2 Feb 2012 P
Latvia	16 Sep 2009 P
Lesotho	25 Apr 2016 P
Liberia	16 Sep 2005 P
Liechtenstein	12 May 2006 P
Lithuania	29 Sep 2004 P
Luxembourg	13 Jun 2005 P
Madagascar	14 Mar 2008 P
Mali	24 Apr 2009 P
Malta	22 Sep 2006 P
Mauritius	2 Nov 2018 P
Montenegro	20 May 2016 P
Netherlands (Kingdom of the) ²	18 Jul 2005 P
New Zealand ³	2 Oct 2007 P
Nicaragua	15 Sep 2005 P
North Macedonia	19 Mar 2007 P
Norway	8 Dec 2005 P
Pakistan	3 Feb 2009 P
Panama	29 Nov 2010 P
Paraguay	3 Dec 2008 P
Peru	29 May 2009 P
Philippines	10 May 2022 P
Poland	26 Sep 2011 P
Portugal	22 Feb 2008 P
Qatar	16 Nov 2009 P
Republic of Korea	23 Jan 2008 P
Republic of Moldova	21 Apr 2008 P
Romania	29 Jan 2008 P
Russian Federation	21 Jul 2008 P
Saudi Arabia	8 Jan 2010 P
Senegal	6 Nov 2008 P
Sierra Leone	30 Sep 2004 P
Slovakia	23 Mar 2006 P
Slovenia	22 Feb 2007 P
South Africa	24 Jan 2012 P
Spain	9 Feb 2007 P
St. Vincent and the Grenadines	6 Dec 2010 P
State of Palestine	29 Dec 2017 P
Sweden	2 Jun 2004 P
Switzerland	12 May 2006 P
Tajikistan	18 May 2006 P
Tunisia	7 Mar 2008 P
Turkmenistan	23 Jul 2012 P
Ukraine	17 May 2005 P
United Arab Emirates	26 Feb 2009 P
United States of America	21 Jan 2009 P
Uruguay	7 Aug 2007 P
Zambia	25 Sep 2013 P

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made
upon consent to be bound or succession.)

Argentina

Interpretative declaration:

The Argentine Republic declares that there are explosive remnants of war in its territory, in the Malvinas Islands.
Since this part of Argentine territory is illegally occupied by the United Kingdom of Great Britain and Northern Ireland, the Argentine Republic is prevented from accessing these explosive remnants of war with a view to their removal and destruction.

The United Nations General Assembly has recognized the existence of a sovereignty dispute concerning the Malvinas Islands, South Georgia Islands and South Sandwich Islands and has urged the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to continue negotiations in order to find a peaceful and definitive solution to the dispute as soon as possible, through the good offices of the Secretary-General of the United Nations, who is to report to the General Assembly on the progress made (resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25). The Special Committee on decolonization has expressed the same opinion: it has adopted a resolution each year stating that the way to end this colonial situation is to find a definitive solution to the sovereignty dispute in a peaceful and negotiated manner and requesting the two Governments to resume negotiations to this end.

The Argentine Republic reaffirms its sovereign rights over the Malvinas Islands, South Georgia Islands and South Sandwich Islands and the surrounding maritime areas, which are an integral part of its national territory.

Holy See

Declaration :

       In acceding to the Protocol on Explosive Remnants of War (ERW) annexed 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), adopted on November 28, 2003, at the meeting of the States Parties to the CCW, the Holy See, as it did on June 16, 1997 when it acceded to the Convention and its first four Protocols, "in keeping with its proper nature and with the particular condition of Vatican City State, intends to renew its encouragement to the International Community to continue on the path it has taken for the reduction of human suffering caused by armed conflict".
       With the approval of the fifth Protocol, the CCW is confirmed as a "forward-looking living instrument"of international humanitarian law, intended to address the problems arising from modern armed conflicts and to improve its effectiveness for the protection of civilians and combatants in such situations. Although one could have wished for a greater incisiveness in the Protocol in responding to the problems originating from the ERW, the adoption of this instrument represents an important multilateral tool for the control of arms for humanitarian reasons, capable of calling States to responsibility for eh ERW and for damages caused by them.
       In keeping with it own commitment to encouraging the development and implementation of humanitarian law on the part of all States and in all circumstances, the Holy See is convinced that the Fifth Protocol signifies a concretely promoting the culture of life and of peace, based upon the dignity of the human person and the primacy of the rule of law, through a responsible, hones and consistent cooperation of all the members of the community of nations.

United States of America

Understanding:

“It is the understanding of the United States of America that nothing in Protocol V would preclude future arrangements in connection with the settlement of armed conflicts, or assistance connected thereto, to allocate responsibilities under Article 3 in a manner that respects the essential spirit and purpose of Protocol V.”

End Note

1.With the following declaration in respect of Hong Kong and Macao: In accordance with Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and Article 138 of the Basic Law of the Macao Special Administrative Region of the People’s Republic of China, the Government of the People’s Republic of China decides that the Protocol [above-mentioned] applies to the Hong Kong Special Administrative Region of the People’s Republic of China and the Macao Special Administrative Region of the People’s Republic of China.

2. On 28 April 2014, the Government of The Netherlands informed the Secretary-General of the Territorial Application in respect of the Caribbean part of The Netherlands (Islands of Bonaire, Sint Eustatius and Saba).

3.With the following declaration:

".....consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, and having undertaken appropriate consultation with that territory, this acceptance shall extend to Tokelau."