ICRC databases on international humanitarian law
Photo
of
Previous photo
Next photo
CLOSE
x
ICRC
Skip navigation
Home
|
What's new
|
Contacts
Language
Select one
Francais
Search
International Committee of the Red Cross
Treaties and States parties to such Treaties
Who we are
Who we are - International Committee of the Red Cross
Mandate and mission
Structure
Finances
Working for the ICRC
The Movement
History
Funds and medals
Contacts
What we do
What we do - ICRC activities on behalf of people affected by war
Visiting detainees
Protecting civilians
Reuniting families
Ensuring economic security
Water and habitat
Health
Cooperation with National Societies
Building respect for IHL
Safeguarding health care
Other activities
Where we work
Where we work - the ICRC worldwide
Africa
Americas
Asia & Pacific
Europe & Central Asia
Middle East
War & Law
War & Law - the legal basis for our action
Treaties and customary law
Contemporary challenges for IHL
Protected persons
Conduct of hostilities
Weapons
Emblem
IHL in domestic law
International criminal jurisdiction
IHL and other legal regimes
Resource centre
Resource centre - Search
Publications and films
Photos
Maps
International review
Annual report
IHL databases
Library and research services
ICRC Archives
Events
Other sites
Gift shop
Video newsroom
Search
Treaties and Documents
1949 Conventions and Additional Protocols, and their Commentaries
By date
By topic
By State
Historical Treaties and Documents
By date
By topic
By State
Convention on Cluster Munitions, 30 May 2008
Facilitation and clarification of compliance
1. The States Parties agree to consult and cooperate with each other regarding the implementation of the provisions of this Convention and to work together in a spirit of cooperation to facilitate compliance by States Parties with their obligations under this Convention.
2. If one or more States Parties wish to clarify and seek to resolve questions relating to a matter of compliance with the provisions of this Convention by another State Party, it may submit, through the Secretary-General of the United Nations, a Request for Clarification of that matter to that State Party. Such a request shall be accompanied by all appropriate information. Each State Party shall refrain from unfounded Requests for Clarification, care being taken to avoid abuse. A State Party that receives a Request for Clarification shall provide, through the Secretary-General of the United Nations, within 28 days to the requesting State Party all information that would assist in clarifying the matter.
3. If the requesting State Party does not receive a response through the Secretary-General of the United Nations within that time period, or deems the response to the Request for Clarification to be unsatisfactory, it may submit the matter through the Secretary-General of the United Nations to the next Meeting of States Parties. The Secretary-General of the United Nations shall transmit the submission, accompanied by all appropriate information pertaining to the Request for Clarification, to all States Parties. All such information shall be presented to the requested State Party which shall have the right to respond.
4. Pending the convening of any Meeting of States Parties, any of the States Parties concerned may request the Secretary-General of the United Nations to exercise his or her good offices to facilitate the clarification requested.
5. Where a matter has been submitted to it pursuant to paragraph 3 of this Article, the Meeting of States Parties shall first determine whether to consider that matter further, taking into account all information submitted by the States Parties concerned. If it does so determine, the Meeting of States Parties may suggest to the States Parties concerned ways and means further to clarify or resolve the matter under consideration, including the initiation of appropriate procedures in conformity with international law. In circumstances where the issue at hand is determined to be due to circumstances beyond the control of the requested State Party, the Meeting of States Parties may recommend appropriate measures, including the use of cooperative measures referred to in Article 6 of this Convention.
6. In addition to the procedures provided for in paragraphs 2 to 5 of this Article, the Meeting of States Parties may decide to adopt such other general procedures or specific mechanisms for clarification of compliance, including facts, and resolution of instances of non-compliance with the provisions of this Convention as it deems appropriate.
<< Previous
Up
Next >>