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Cluster munitions – Real danger or prejudice?

Toma Galli

Sažetak

The main aim of the article is to shed light on legal and moral uncertainties regarding the permissibility to use cluster munitions. After introducing the current situation in disarmament and arms control, the history of the use of cluster munitions is presented through an overview of the best known cases of mass use of these weapons, with a special emphasis on its horrifying humanitarian effects. The author goes on to present the unsuccessful efforts to regulate the problem in international law, with an emphasis on the attitude of states parties of the Convention on Certain Conventional Weapons (CCW) to this problem and discussions within this forum on the applicability of rules of international humanitarian law (McCormac Report) to cluster munitions. The article also presents an overview of existing definitions of cluster munitions and attempts to suggest components of any future general definition of these weapons with the aim of its detailed regulation in international law. The author goes on to discuss applicable principles and rules of international humanitarian law relevant for cluster munitions, primarily those derived from regulations of the Protocol Additional to the Geneva Conventions of 1949. The author also refers to the recent Oslo Conference on Cluster Munitions organized as a result of unsatisfactory state of affairs in cluster munitions regulation within the official fora (CCW), and its Declaration on Cluster Munitions. The relationship between the new initiative and the former principal official forum for debate on cluster munitions (CCW) is also analyzed. Finally, the article presents views of the Republic of Croatia on this important issue and analyzes the position of Croatia in the heated debate on this topical issue.

Ključne riječi

Oslo Declaration; explosive remnants of war; cluster munitions; Convention on Conventional Weapons; Protocol I of the Geneva Convention of 1949

Hrčak ID:

18247

URI

https://hrcak.srce.hr/18247

Datum izdavanja:

18.12.2007.

Podaci na drugim jezicima: hrvatski njemački

Posjeta: 3.006 *