Item Details
Skip Navigation Links
   ActiveUsers:2642Hits:20995124Skip Navigation Links
Show My Basket
Contact Us
IDSA Web Site
Ask Us
Today's News
HelpExpand Help
Advanced search

In Basket
  Journal Article   Journal Article
 

ID089072
Title ProperProhibition of cluster munitions
Other Title Informationsetting international precedents for defining inhumanity
LanguageENG
AuthorRappert, Brian ;  Moyes, Richard
Publication2009.
Summary / Abstract (Note)By the end of 2008, ninety-five states had signed the Convention on Cluster Munitions, which bans the development, production, acquisition, stockpiling, and transfer of cluster munitions; imposes significant obligations for the clearance of unexploded cluster munition remnants; and elaborates novel requirements for so-called victim assistance. This article examines this agreement and the process that lead up to it in terms of the precedents it sets for future arguments about weapon technologies and the regulation of armed conflict. Particularly noteworthy was the process for determining what counts as a "cluster munition" under the convention. The definition structure transformed the argument from considerations of what types should be prohibited to demanding justifications for what should be allowed. In other words, rather than the burden of proof resting with those seeking a ban, the presumption became that exclusions from prohibition had to be argued in by proponents of specific submunition-based weapons. This approach contrasts with the manner in which the burden of proof regarding cluster munitions has been handled in international humanitarian law.
`In' analytical NoteNonproliferation Review Vol. 16, No. 2; Jul 2009: p.237 - 256
Journal SourceNonproliferation Review Vol. 16, No. 2; Jul 2009: p.237 - 256
Key WordsCluster Munitions ;  International Humanitarian Law ;  Convention on Cluster Munitions ;  Arms Control ;  Disarmament


 
 
Media / Other Links  Full Text