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U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1 39–118 SENATE " ! 105TH CONGRESS 1st Session TREATY DOC. 1997 105–1 PROTOCOLS TO THE 1980 CONVENTIONAL WEAPONS CONVENTION MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING PROTOCOLS TO THE 1980 CONVENTION ON PROHIBITIONS OR RE- STRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAP- ONS WHICH MAY BE DEEMED TO BE EXCESSIVELY INJURIOUS OR TO HAVE INDISCRIMINATE EFFECTS: THE AMENDED PROTO- COL ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF MINES, BOOBY-TRAPS AND OTHER DEVICES (PROTOCOL II OR THE AMENDED MINES PROTOCOL); THE PROTOCOL ON PROHIBI- TIONS OR RESTRICTIONS ON THE USE OF INCENDIARY WEAP- ONS (PROTOCOL III OR THE INCENDIARY WEAPONS PROTOCOL); AND THE PROTOCOL ON BLINDING LASER WEAPONS (PROTOCOL IV) JANUARY 7, 1997.—Protocols were read the first time and, together with the accompanying papers, referred to the Committee on Foreign Rela- tions and ordered to be printed for the use of the Senate
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FROM THE PRESIDENT OF THE UNITED STATES booby-traps and other devices (protocol ii or the amended mines protocol); the protocol on prohibi-tions or restrictions on the use of incendiary

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Page 1: FROM THE PRESIDENT OF THE UNITED STATES booby-traps and other devices (protocol ii or the amended mines protocol); the protocol on prohibi-tions or restrictions on the use of incendiary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON :

1

39–118

SENATE" !

105TH CONGRESS

1st SessionTREATY DOC.

1997

105–1

PROTOCOLS TO THE 1980CONVENTIONAL WEAPONS CONVENTION

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATESTRANSMITTING

PROTOCOLS TO THE 1980 CONVENTION ON PROHIBITIONS OR RE-STRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAP-ONS WHICH MAY BE DEEMED TO BE EXCESSIVELY INJURIOUSOR TO HAVE INDISCRIMINATE EFFECTS: THE AMENDED PROTO-COL ON PROHIBITIONS OR RESTRICTIONS ON THE USE OFMINES, BOOBY-TRAPS AND OTHER DEVICES (PROTOCOL II ORTHE AMENDED MINES PROTOCOL); THE PROTOCOL ON PROHIBI-TIONS OR RESTRICTIONS ON THE USE OF INCENDIARY WEAP-ONS (PROTOCOL III OR THE INCENDIARY WEAPONS PROTOCOL);AND THE PROTOCOL ON BLINDING LASER WEAPONS (PROTOCOLIV)

JANUARY 7, 1997.—Protocols were read the first time and, together withthe accompanying papers, referred to the Committee on Foreign Rela-tions and ordered to be printed for the use of the Senate

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(III)

LETTER OF TRANSMITTAL

THE WHITE HOUSE, January 7, 1997.To the Senate of the United States:

I transmit herewith, for the advice and consent of the Senate toratification, the following Protocols to the 1980 Convention on Pro-hibitions or Restrictions on the Use of Certain Conventional Weap-ons Which May Be Deemed to Be Excessively Injurious or to HaveIndiscriminate Effects: the amended Protocol on Prohibitions or Re-strictions on the Use of Mines, Booby-Traps and Other Devices(Protocol II or the amended Mines Protocol); the Protocol on Prohi-bitions or Restrictions on the Use of Incendiary Weapons (ProtocolIII or the Incendiary Weapons Protocol); and the Protocol on Blind-ing Laser Weapons (protocol IV). Also transmitted for the informa-tion of the Senate is the report of the Department of State with re-spect to these Protocols, together with article-by-article analyses.

The most important of these Protocols is the amended Mines Pro-tocol. It is an essential step forward in dealing with the problemof anti-personnel landmines (APL) and in minimizing the very se-vere casualties to civilians that have resulted from their use. It isan important precursor to the total prohibition of these weaponsthat the United States seeks.

Among other things, the amended Mines Protocol will do the fol-lowing: (1) expand the scope of the original Protocol to include in-ternal armed conflicts, where most civilian mine casualties have oc-curred; (2) require that all remotely delivered anti-personnel minesbe equipped with self-destruct devices and backup self-deactivationfeatures to ensure that they do not pose a long-term threat to civil-ians; (3) require that all nonremotely delivered anti-personnelmines that are not equipped with such devices be used only withincontrolled, marked, and monitored minefields to protect the civilianpopulation in the area; (4) require that all anti-personnel mines bedetectable using commonly available technology to make the taskof mine clearance easier and safer; (5) require that the party layingmines assume responsibility for them to ensure against their irre-sponsible and indiscriminate use; and (6) provide more effectivemeans for dealing with compliance problems to ensure that theserestrictions are actually observed. These objectives were all en-dorsed by the Senate in its Resolution of Ratification of the Con-vention in March 1995.

The amended Mines Protocol was not as strong as we would havepreferred. In particular, its provisions on verification and compli-ance are not as rigorous as we had proposed, and the transition pe-riods allowed for the conversion or elimination of certain non-compliant mines are longer than we thought necessary. We shall

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IV

pursue these issues in the regular meetings that the amended Pro-tocol provides for review of its operation.

Nonetheless, I am convinced that this amended Protocol will, ifgenerally adhered to, save many lives and prevent many tragic in-juries. It will, as well, help to prepare the ground for the total pro-hibition of anti-personnel landmines to which the United States iscommitted. In this regard, I cannot overemphasize how seriouslythe United States takes the goal of eliminating APL entirely. Thecarnage and devastation caused by anti-personnel landmines—thehidden killers that murder and maim more than 25,000 peopleevery year—must end.

On May 16, 1996, I launched an international effort to this end.This initiative sets out a concrete path to a global ban on anti-per-sonnel landmines and is one of my top arms control priorities. Atthe same time, the policy recognizes that the United States hasinternational commitments and responsibilities that must be takeninto account in any negotiations on a total ban. As our work on thisinitiative progresses, we will continue to consult with the Congress.

The second of these Protocols—the Protocol on Incendiary Weap-ons—is a part of the original Convention but was not sent to theSenate for advice and consent with the other 1980 Protocols in1994 because of concerns about the acceptability of the Protocolfrom a military point of view. Incendiary weapons have significantpotential military value, particularly with respect to flammablemilitary targets that cannot so readily be destroyed with conven-tional explosives.

At the same time, these weapons can be misused in a mannerthat could cause heavy civilian casualties. In particular, the Proto-col prohibits the use of air-delivered incendiary weapons againsttargets located in a city, town, village, or other concentration of ci-vilians, a practice that caused very heavy civilian casualties in pastconflicts.

The executive branch has given very careful study to the Incendi-aries Protocol and has developed a reservation that would, in ourview, make it acceptable from a broader national security perspec-tive. This proposed reservation, the text of which appears in the re-port of the Department of State, would reserve the right to use in-cendiaries against military objectives located in concentrations ofcivilians where it is judged that such use would cause fewer casual-ties and less collateral damage than alternative weapons.

The third of these Protocols—the new Protocol on Blinding La-sers—prohibits the use or transfer of laser weapons specifically de-signed to cause permanent blindness to unenhanced vision (that is,to the naked eye or to the eye with corrective devices). The Protocolalso requires Parties to take all feasible precautions in the employ-ment of other laser systems to avoid the incidence of such blind-ness.

These blinding lasers are not needed by our military forces. Theyare potential weapons of the future, and the United States is com-mitted to preventing their emergence and use. The United Statessupports the adoption of this new Protocol.

I recommend that the Senate give its early and favorable consid-eration to these Protocols and give its advice and consent to ratifi-cation, subject to the conditions described in the accompanying re-

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port of the Department of State. The prompt ratification of theamended Mines Protocol is particularly important, so that theUnited States can continue its position of leadership in the effortto deal with the humanitarian catastrophe of irresponsible land-mine use.

WILLIAM J. CLINTON.

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(VII)

LETTER OF SUBMITTAL

DEPARTMENT OF STATE,Washington, December 7, 1996.

The PRESIDENT,The White House.

THE PRESIDENT: I have the honor to submit to you, with a viewto transmission to the Senate for advice and consent to ratification,three protocols to the Convention on Prohibitions or Restriction onthe Use of Certain Conventional Weapons Which May be Deemedto be Excessively Injurious or to Have Indiscriminate Effects (theConvention): (A) the Amended Protocol on Prohibitions or Restric-tions on the Use of Mines, Booby-Traps and Other Devices adoptedat Geneva on May 3, 1996 (Protocol II or the Amended Mines Pro-tocol); (B) the Protocol on Prohibitions or Restrictions on the Useof Incendiary Weapons adopted at Geneva on October 10, 1980(Protocol III or the Incendiary Weapons Protocol); and (C) the Pro-tocol on Blinding Laser Weapons adopted at Geneva on May 3,1996 (Protocol IV). Also submitted for transmittal for the informa-tion of the Senate is the report of the Department of State with re-spect to these Protocols, together with article-by-article analyses.

BACKGROUND

The Convention was concluded at Geneva on October 10, 1980,and signed by the United States on April 8, 1982. It entered intoforce on December 2, 1983, and, along with two of its Protocols,was ratified by the United States on March 24, 1995.

The Convention is part of a legal regime dealing with the con-duct of armed conflict, including the four 1949 Geneva Conventionson the Protection of the Victims of War and the 1899 and 1907Hague Conventions Respecting the Laws and Customs of War onLand. These important treaties attempt to reduce the sufferingcaused by armed conflicts and provide protection to the victims ofwar in a manner consistent with legitimate military requirements.The Convention, adopted October 10, 1980, contained three Proto-cols, each of which regulated the use of a particular type of conven-tional weapon thought to pose special risks of indiscriminate effectsor unnecessary suffering. Protocol I, the Non-detectable FragmentsProtocol, prohibits the use of any weapon the primary effect ofwhich is to injure by fragments which in the human body escapedetection by X-rays. Protocol II, the Mines Protocol, contains a de-tailed set of restrictions on the use of mines, booby-traps and simi-lar devices, which are discussed at greater length below. ProtocolIII, the Incendiary Weapons Protocol, restricts the use of incendi-ary weapons in various ways.

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In March 1995, the United States Senate gave its advice andconsent to ratification of the Convention, including its Non-detect-able Fragments Protocol and its Mines Protocol. The IncendiaryWeapons Protocol was not transmitted to the Senate at the timethe Convention (and the two protocols) was transmitted and wasinstead given further study by the interagency community owing tocertain military concerns. Those concerns have now been fully ad-dressed.

The First Review Conference for the Convention completed its re-view with the adoption of an amended Mines Protocol on May 3,1996. Also at that session, the Conference adopted a new ProtocolIV, the Blinding Laser Weapons Protocol.

(A) THE AMENDED MINES PROTOCOL

The amended Mines Protocol is, overall, a significant improve-ment over the 1980 Protocol and will, if widely observed, result ina substantial decrease in civilian casualties caused by the indis-criminate use of anti-personnel mines. The provisions of theamended Mines Protocol essentially reflect the practices alreadyadopted by U.S. forces for the protection of the civilian population.

At the same time, the provisions of the amended Protocol, al-though improved, do not provide a complete solution to the seriousproblem of indiscriminate use of these devices. The amended Proto-col will, however, continue to constitute a critical factor in our ef-forts to eliminate anti-personnel mines altogether and, in this re-gard is entirely consistent with your May 16, 1996, announcementof our policy to pursue an international agreement to ban use,stockpiling, production, and transfer of anti-personnel landmines.

For these reasons, the amended Protocol is desirable. It is con-sistent with U.S. military interests and humanitarian concerns.The earliest possible entry into force of the amended Protocol istherefore highly desirable. Accordingly, the United States shouldratify it at the earliest possible date.

(B) THE INCENDIARY WEAPONS PROTOCOL

Protocol III—the Protocol on Incendiary Weapons—was a part ofthe original Convention package adopted at Geneva on October 10,1980, but it was not sent to the Senate for advice and consent toratification because of concerns about the acceptability of the Proto-col from a military point of view. Incendiary weapons have signifi-cant potential military value, particularly with respect to flam-mable military targets that cannot so readily be destroyed withconventional explosives.

At the same time, these weapons can be misused in a mannerthat could cause heavy civilian casualties. In particular, the Proto-col prohibits the use of air-delivered incendiary weapons againsttargets located in a city, town, village or other concentration of ci-vilians, a practice which caused very heavy civilian casualties inpast conflicts.

The Executive Branch has given very careful study to the Incen-diaries Protocol and has developed a specific condition that would,in our view, make it acceptable from a broader national securityperspective. This condition consists of a proposed reservation thatwould reserve the right to use incendiaries against military targets

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located in concentrations of civilians where it is judged that suchuse would cause fewer casualties and less collateral damage thanalternative weapons. A good example of this would be the hypo-thetical use of incendiaries to destroy biological agents in an enemystorage facility where explosive devices might simply spread theagents with disastrous consequences for the civilian population.

(C) THE BLINDING LASER WEAPONS PROTOCOL

The provisions of the Blinding Laser Weapons Protocol, ProtocolIV, if widely observed, will result in a substantially reduced riskof widespread development, proliferation and use of blinding laserweapons. The Protocol is intended to address this risk in a timelyway, before such weapons become commonplace.

At the same time, lasers are absolutely vital to our modern mili-tary and the legitimate use of lasers for other military purposes isacknowledged by the Protocol. Indeed, lasers provide significanthumanitarian benefits on and off the battlefield. They allow weap-ons systems to be increasingly discriminate, thereby reducing col-lateral damage to civilian lives and property.

The inevitable incidental or collateral effect of legitimate militaryuse of lasers is also recognized and is explicitly not covered by thisProtocol. The Department of Defense, will, nonetheless, continue tostrive, through training and doctrine, to minimize these effects.

The Blinding Laser Weapons Protocol is desirable therefore bothbecause it reduces the potential risks of proliferation of blindinglaser weapons and because it clarifies the legitimacy of other typesof battlefield lasers. It is fully consistent with U.S. military inter-ests, Department of Defense policy and humanitarian concerns gen-erally. Accordingly, the United States should ratify it at an earlydate.

CONDITIONS

The Senate is being asked to include a number of conditions, de-scribed in detail in the accompanying analyses, in its resolution ofadvice and consent to ratification. The texts of the three under-standings to the amended Mines Protocol and the reservation tothe Incendiary Weapons Protocol follow:

(A) THE AMENDED MINES PROTOCOL

1. The United States understands, with reference to Article 3,Paragraph 9 of the amended Mines Protocol, that an area of landcan itself be a legitimate military objective for the purpose of theuse of landmines, if its neutralization or denial, in the cir-cumstances ruling at the time, offers a definite military advantage.

2. The United States understands that Article 5, Paragraph 2 ofthe amended Mines Protocol does not preclude agreement, in con-nection with peace treaties or similar arrangements, to allocate re-sponsibilities under this subparagraph in a manner which never-theless respects the essential spirit and purpose of the Article.

3. The United States understands that Article 7, Paragraph 2 ofthe amended Mines Protocol does not prohibit the adaptation in ad-vance of other objects for use as booby-traps or other devices.

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(C) THE INCENDIARY WEAPONS PROTOCOL

The United States declares, with reference to Article 2, Para-graphs 2 and 3 of the Incendiary Weapons Protocol, that it will re-serve the right to use incendiary weapons against military targetslocated in concentrations of civilians where it is judged that suchuse would cause fewer casualties and less collateral damage thanalternative weapons.

CONCLUSION

The amended Mines Protocol, the Incendiary Weapons Protocoland the Blinding Laser Weapons Protocol contain restrictionswhich offer significant humanitarian benefit. Subject to the rec-ommended conditions, all three are consistent with U.S. militaryrequirements, and with existing U.S. military practices. Ratifica-tion by the United States will highlight our commitment on re-stricting or prohibiting unacceptable methods of warfare and, withrespect to the amended Mines Protocol in particular, will materi-ally advance our efforts to end the scourge posed by anti-personnelmines altogether. An article-by-article analysis of each of the threeprotocols is enclosed.

The Department of State, the Department of Defense and theArms Control and Disarmament Agency join in recommending thatthe amended Mines Protocol, the Blinding Laser Weapons Protocoland the Incendiary Weapons Protocol be transmitted to the Senatefor advice and consent to ratification, subject to the conditions pre-viously described, at an early date.

Respectfully submitted,WARREN CHRISTOPHER.

Enclosures:Tab (A) The Article-by-Article Analysis of the Amended Mines

Protocol.Tab (B) The Article-by-Article Analysis of the Incendiary Weap-

ons Protocol.Tab (C) The Article-by-Article Analysis of the Blinding Laser

Weapons Protocol.

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