CHAPTER XXVI

DISARMAMENT2dProtocol 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 2003Entry into force12 November 2006, in accordance with article 5(3) and (4) of the Convention.Registration12 November 2006, No. 22495StatusParties81TextUnited Nations, <i>Treaty Series</i>, 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.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).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.

ParticipantSuccession(d), Consent to be bound(P)Albania12 May 2006 PArgentina 7 Oct 2011 PAustralia 4 Jan 2007 PAustria 1 Oct 2007 PBelarus29 Sep 2008 PBelgium25 Jan 2010 PBosnia and Herzegovina28 Nov 2007 PBrazil30 Nov 2010 PBulgaria 7 Nov 2005 PBurundi13 Jul 2012 PCameroon 7 Dec 2010 PCanada19 May 2009 PChile18 Aug 2009 PChina<superscript>1</superscript>10 Jun 2010 PCosta Rica27 Apr 2009 PCroatia 7 Feb 2005 PCuba14 Nov 2012 PCyprus11 Mar 2010 PCzech Republic 6 Jun 2006 PDenmark28 Jun 2005 PDominican Republic21 Jun 2010 PEcuador10 Mar 2009 PEl Salvador23 Mar 2006 PEstonia18 Dec 2006 PFinland23 Mar 2005 PFrance31 Oct 2006 PGabon22 Sep 2010 PGeorgia22 Dec 2008 PGermany 3 Mar 2005 PGuatemala28 Feb 2008 PGuinea-Bissau 6 Aug 2008 PHoly See13 Dec 2005 PHonduras16 Aug 2010 PHungary13 Nov 2006 PIceland22 Aug 2008 PIndia18 May 2005 PIreland 8 Nov 2006 PItaly11 Feb 2010 PJamaica25 Sep 2008 PLao People's Democratic Republic 2 Feb 2012 PLatvia16 Sep 2009 PLiberia16 Sep 2005 PLiechtenstein12 May 2006 PLithuania29 Sep 2004 PLuxembourg13 Jun 2005 PMadagascar14 Mar 2008 PMali24 Apr 2009 PMalta22 Sep 2006 PNetherlands18 Jul 2005 PNew Zealand<superscript>2</superscript> 2 Oct 2007 PNicaragua15 Sep 2005 PNorway 8 Dec 2005 PPakistan 3 Feb 2009 PPanama29 Nov 2010 PParaguay 3 Dec 2008 PPeru29 May 2009 PPoland26 Sep 2011 PPortugal22 Feb 2008 PQatar16 Nov 2009 PRepublic of Korea23 Jan 2008 PRepublic of Moldova21 Apr 2008 PRomania29 Jan 2008 PRussian Federation21 Jul 2008 PSaudi Arabia 8 Jan 2010 PSenegal 6 Nov 2008 PSierra Leone30 Sep 2004 PSlovakia23 Mar 2006 PSlovenia22 Feb 2007 PSouth Africa24 Jan 2012 PSpain 9 Feb 2007 PSt. Vincent and the Grenadines 6 Dec 2010 PSweden 2 Jun 2004 PSwitzerland12 May 2006 PTajikistan18 May 2006 PThe former Yugoslav Republic of Macedonia19 Mar 2007 PTunisia 7 Mar 2008 PTurkmenistan23 Jul 2012 PUkraine17 May 2005 PUnited Arab Emirates26 Feb 2009 PUnited States of America21 Jan 2009 PUruguay 7 Aug 2007 PArgentinaInterpretative 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 SeeDeclaration :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 AmericaUnderstanding:“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.”1With 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.2With 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."