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November 11, 2014
Ukraine, Syria: Incendiary Weapons Threaten Civilians
Stronger International Law Needed for Weapons That Burn
(Geneva, November 11, 2014) – Evidence of the use of incendiary weapons in Ukraine and Syria highlights the need for stricter law to govern these weapons, Human Rights Watch said in a report released today with Harvard Law School’s International Human Rights Clinic.
The 16-page report, “Incendiary Weapons: Recent Use and Growing Opposition,” details incendiary weapon attacks in Ukraine and Syria and illustrates the increasing stigma against the weapons. Incendiary weapons can cause excruciatingly painful thermal and respiratory burns. Victims who survive often suffer long-term physical and psychological damage due to extensive scarring and disfigurement.
“Weapons that cause terrible burns and disfigure survivors have been used against towns in both Syria and Ukraine,” said Bonnie Docherty, senior Arms researcher at Human Rights Watch and lead author of the report. “The recent attacks with incendiary weapons show it’s past time for nations to reassess and strengthen international law on these cruel weapons,” said Docherty, who is also a lecturer in the Harvard clinic.
The report is being distributed at the annual meeting of countries that are party to the Convention on Conventional Weapons (CCW), which is being held at the United Nations in Geneva from November 10-14, 2014. Protocol III of the treaty bans certain use of incendiary weapons, but its loopholes and inconsistencies have not been addressed since the law was created more than 30 years ago.
Human Rights Watch researchers will present the report’s findings at a CCW side event at 2 p.m. on November 12 in Room XXIV at the UN Palais des Nations in Geneva.
Human Rights Watch documented attacks with incendiary Grad rockets on two towns in Ukraine, although the organization was unable to confirm the party responsible. In Syria in 2014, government forces have continued their use of incendiary weapons and have also dropped indiscriminate barrel bombs containing incendiary components.
All countries and especially CCW states parties should condemn such use of incendiary weapons and express support for revisiting and amending the protocol, Human Rights Watch and the Harvard clinic said. Continue Reading…
September 3, 2014
Posted by Cara Solomon
This afternoon, the International Human Rights Clinic released a joint report with Human Rights Watch urging countries to enact strong laws to implement the treaty banning cluster munitions. The report, “Staying Strong: Key Components and Positive Precedent for Convention on Cluster Munitions Legislation,” was researched and written primarily by Senior Clinical Instructor Bonnie Docherty, as well as clinical students Amy Tan, Fletcher ’14, and Nick Sansone, JD ’15.
Bonnie presented the report in Costa Rica today at the annual meeting of countries that have joined the Convention on Cluster Munitions. For more information, see below for the press release from Human Rights Watch.
Cluster Munitions Ban: National Laws Needed
Annual Treaty Meeting Opens in Costa Rica
(San Jose, Costa Rica, September 3, 2014) – Countries around the world should enact strong laws to implement the treaty banning cluster munitions, Human Rights Watch said in a report released today at an international meeting of nations party to the treaty.
The 81-page report, “Staying Strong: Key Components and Positive Precedent for Convention on Cluster Munitions Legislation,” urges countries to pass robust national legislation as soon as possible to carry out the provisions of the treaty. The report describes the elements of a comprehensive law and highlights exemplary provisions in existing laws. The report was jointly published by Human Rights Watch and Harvard Law School’s International Human Rights Clinic.
“To maximize the global cluster munition treaty’s impact, all countries should adopt national laws that apply its high standards at home,” said Bonnie Docherty, senior researcher in the arms division at Human Rights Watch and lead author of the report. “Prohibitions that can be enforced in domestic courts can help ensure that these deadly weapons don’t harm civilians.”
Cluster munitions are large weapons that disperse dozens or hundreds of submunitions. They cause civilian casualties during attacks, especially in populated areas, because they blanket a broad area with submunitions. In addition, many of the submunitions do not explode on impact and thus linger, like de facto landmines, killing or injuring civilians long after the initial attack.
Representatives from governments, UN agencies, and the Cluster Munition Coalition (CMC) are convening in San Jose, Costa Rica, from September 2 through 5, 2014, for the Fifth Meeting of States Parties to the Convention on Cluster Munitions. They will discuss a range of matters relating to the status of the convention, including national legislation.
The 2008 Convention on Cluster Munitions obliges states parties to enact national laws that penalize violations of its absolute prohibition on cluster munitions with imprisonment or fines. The treaty also requires destruction of stocks, clearance of remnants, and victim assistance. As of August 2014, 84 countries were full parties to the Convention on Cluster Munitions, and another 29 countries had signed it.
According to “Cluster Munition Monitor 2014,” an annual report on the status of the treaty, 22 states parties have enacted national legislation dedicated to implementing the convention, while another 19 are in the process of drafting, considering, or adopting national legislation. Twenty-six states parties view other, more general national laws as sufficient to enforce the convention’s provisions.
While no single law represents best practice, Human Rights Watch and the Harvard Clinic highlighted provisions of existing implementation statutes that offer support for each essential element of legislation. National legislation should incorporate both the prohibitions and the positive obligations to minimize the humanitarian harm caused by cluster munitions, the groups said. Continue Reading…
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