UNTC

STATUS AS AT : 20-04-2024 03:15:33 EDT

CHAPTER XXVI

DISARMAMENT

2 .c Amendment to Article I of 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

Geneva, 21 December 2001

Entry into force

18 May 2004 , in accordance with article 8, paragraph 1 (b) of the Convention which reads, in part, as follows: "amendments ... shall enter into force in the same manner as the Convention and the annexed Protocols (i.e. ... six months after the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession. ".

Registration

18 May 2004, No. 22495

Status

Parties : 89

Text

United Nations, Treaty Series, vol. 2260, p. 82; Doc. CCW/CONF/II/2 and depositary notification C.N.104.2002.TREATIES-1 of 11 February 2002; C.N.1329.2005.TREATIES-9 of 3 January 2006 (Proposal of correction to the authentic Russian text) and C.N.130.2006.TREATIES-1 of 9 February 2006 (Correction to the Authentic Russian text).

Note

At the Second Review Conference, held in Geneva from 11 to 21 December 2001, the Parties to the Convention on the Prohibitions or Restrictions on the Use of Certain Convention Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects concluded at Geneva on 10 October 1980 adopted, in accordance with the procedure laid down in article 8 (1) (b) of the Convention, the Amendment to Article 1 of the said Convention as set out in the Final Declaration of the Second Review Conference (Doc. CCW/CONF/II/2).

Participant	Approval(AA), Acceptance(A), Accession(a), Succession(d), Ratification, Consent to be bound(P)
Afghanistan	9 Aug 2017 a
Albania	12 May 2006 a
Algeria	6 May 2015 P
Argentina	25 Feb 2004 a
Australia	3 Dec 2002 A
Austria	25 Sep 2003 A
Bangladesh	26 Sep 2013 a
Belarus	27 Mar 2008 P
Belgium	12 Feb 2004
Benin	21 Sep 2017 A
Bosnia and Herzegovina	17 Mar 2008 a
Brazil	30 Nov 2010 a
Bulgaria	28 Feb 2003
Burkina Faso	26 Nov 2003 a
Canada	22 Jul 2002 A
Chile	27 Sep 2007 A
China ¹	11 Aug 2003
Colombia	20 May 2009 a
Costa Rica	3 Jun 2009
Croatia	27 May 2003
Cuba	17 Oct 2007 A
Czech Republic	6 Jun 2006
Denmark	15 Sep 2004 A
Dominican Republic	21 Jun 2010 a
Ecuador	10 Mar 2009 A
El Salvador	13 Sep 2007 a
Estonia	12 May 2003
Finland	22 Jun 2004 A
France	10 Dec 2002 AA
Georgia	8 Jun 2009 a
Germany	26 Jan 2005 A
Greece	26 Nov 2004
Grenada	10 Dec 2014 P
Guatemala	13 Feb 2009 a
Guinea-Bissau	6 Aug 2008 a
Holy See	9 Dec 2002 A
Hungary	27 Dec 2002
Iceland	22 Aug 2008 P
India	18 May 2005 a
Iraq	24 Sep 2014 P
Ireland	8 Nov 2006 A
Italy	1 Sep 2004
Jamaica	25 Sep 2008 a
Japan	10 Jul 2003 A
Kuwait	24 May 2013 a
Latvia	23 Apr 2003 a
Lebanon	5 Apr 2017 a
Lesotho	25 Apr 2016 a
Liberia	16 Sep 2005 a
Liechtenstein	18 Jun 2004 A
Lithuania	12 May 2003 A
Luxembourg	13 Jun 2005
Malawi	23 Sep 2022 a
Malta	24 Sep 2004 a
Mexico	22 May 2003 A
Montenegro ²	23 Oct 2006 d
Netherlands (Kingdom of the) ³	19 May 2004 A
New Zealand	21 Aug 2007 A
Nicaragua	6 Sep 2007
Niger	18 Sep 2007 P
North Macedonia	11 Jul 2007 a
Norway	18 Nov 2003 AA
Panama	16 Aug 2004 a
Paraguay	3 Dec 2008 a
Peru	14 Feb 2005
Philippines	10 May 2022
Poland	15 Sep 2006
Portugal	22 Feb 2008
Republic of Korea	13 Feb 2003 A
Republic of Moldova	5 Jan 2005 a
Romania	25 Aug 2003 a
Russian Federation	24 Jan 2007 A
Serbia	11 Nov 2003 A
Sierra Leone	30 Sep 2004
Singapore	21 Sep 2023 A
Slovakia	11 Feb 2004
Slovenia	7 Feb 2008
South Africa	24 Jan 2012 a
Spain	9 Feb 2004
Sri Lanka	24 Sep 2004 a
Sweden	3 Dec 2002 A
Switzerland	19 Jan 2004 A
Tunisia	11 Mar 2009 a
Türkiye	2 Mar 2005
Ukraine	29 Jun 2005 A
United Kingdom of Great Britain and Northern Ireland	25 Jul 2002 A
United States of America	21 Jan 2009
Uruguay	7 Aug 2007 a
Zambia	25 Sep 2013 a

Declarations and Reservations

(Unless otherwise indicated, the reservations and declarations were made upon ratification,
acceptance, approval, accession or succession.)

Holy See

Declaration:

“.... declares the acceptance on the part of the Holy See of said amendment to Article I of the Convention, considering that in accordance with paragraph 4 of amended Article 1 the right of the Parties, "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" should be interpreted in conformity with international humanitarian law, the United Nations' Charter and other international rules.”

Mexico

Interpretative declaration:

The Government of Mexico understands that the conflicts not of an international character referred to in article 1, paragraph 3 as amended correspond to the situations referred to in article 3 common to the Geneva Conventions of 1949.
The Government of Mexico further understands that article 1, paragraph 7, as amended does not prejudice the applicability of future protocols to such situations as those defined in article 1, paragraph 2, as amended, and reserves the right to take positions that best accommodate its interests in negotiating future additional protocols.

End Note

1.Upon ratification, the Government of China communicated the following:

“In accordance with the provisions of Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China of 1990 and Article 138 of the Basic Law of the Macao Special Administrative Region of the People’s Republic of China of 1993, the Government of the People’s Republic of China decides that the Amendment to Article I of 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 shall apply to the Hong Kong Special Administrative Region and Macao Special Administrative Region of the People’s Republic of China.”

2.See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.

3. For the Kingdom in Europe.

Subsequently, 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).