Blog: Robert Yoskowitz

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December 8, 2011

Reflections on a Major Weapons Victory: Overcoming Powerful Opposition, Ban on Cluster Munitions Strengthened

Posted by Anna Crowe, LLM '12, Nicolette Boehland, JD '13, and Robert Yoskowitz, JD '13

“We are the voices of victims, not just diplomats. . . . If we have to pay a political price, if we can just save one single life, it is worth it.  And I think we are not alone.” 

– Representative of Costa Rica, the Fourth Review Conference of the Convention on Conventional Weapons

At precisely 7:05pm on Friday, November 25, the chair of the Fourth Review Conference for the Convention on Conventional Weapons concluded that there was no consensus in the room on the adoption of a proposed protocol regulating cluster munitions.  This seemingly banal statement marked the end of a decade of deliberations and political machinations, and hundreds of days of diplomatic meetings.  More important, it marked a victory for the supporters of the Convention on Cluster Munitions and its goal of eliminating these weapons and the harm they cause.

Nicolette Boehland, JD ’13, and Anna Crowe, LLM ’12, at the Fourth Review Conference of the Convention on Conventional Weapons in Geneva.

As the Clinic had argued in a joint paper with Human Rights Watch—and in other documents distributed at the Conference—adding a new treaty to the 1980 Convention on Conventional Weapons would have constituted an unprecedented step backwards for the laws of war.  The proposed weak treaty would have legitimized rather than stigmatized future use of cluster munitions, and we are thrilled that it was rejected.  The outcome was in no way certain.

The Clinic has been working for years first to help create and then to promote the 2008 Convention on Cluster Munitions, which prohibits not just the use of these weapons, but also their production, stockpiling, and transfer.  Currently, 108 states have signed on to the ban, which took legal effect last year, and 66 are full states parties.

The United States, however, wanted to produce a separate treaty that would have allowed cluster munition use under the Convention on Conventional Weapons framework.  Continue Reading…

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November 23, 2011

Dispatch from Geneva

Posted by Nicolette Boehland, JD ’13, and Anna Crowe, LLM ’12

Diplomats from more than 100 countries are currently engaged in heated deliberations in Geneva over a proposed protocol, put forward by the United States and others, that would allow the use of certain cluster munitions indefinitely.  The International Human Rights Clinic has joined a group of nongovernmental organizations in arguing against the proposal, which would threaten the impact of an existing international treaty that protects civilians by absolutely banning the weapons.

Senior Clinical Instructor Bonnie Docherty consults with NGO delegates on a new version of the proposed weak treaty on cluster munitions. Photo by Gemima Harvey/CMC

If adopted, the proposed protocol would directly compete with the Convention on Cluster Munitions, a treaty that seeks to eliminate the devastating effects of cluster munitions on civilians.  More than 108 countries have signed on to that convention, which went into force August 2010, and 66 states are full parties, bound by all its provisions.  The convention prohibits use, production, transfer, and stockpiling of cluster munitions and obliges states to provide assistance to victims of past use.

The United States, which is not a party to the Convention on Cluster Munitions, has led the charge for the new protocol over the last week at the Review Conference of the Convention for Conventional Weapons (CCW) in Geneva.  The protocol would be attached to the CCW framework convention, an umbrella treaty with protocols governing specific types of weapons.  Protocol supporters argue that certain major stockpilers and users of cluster munitions who are not currently party to the Convention on Cluster Munitions might join this proposed protocol because it is not a complete ban.

But the Clinic argued in a paper distributed to delegates last week that the new protocol would constitute an unprecedented step backwards in terms of international humanitarian law.  The international community has never adopted a treaty that provides weaker protections for civilians from armed conflict than a treaty already in force.

Continue Reading…

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