Should Serbia Accede to the Convention оn Cluster Munitions? Cover Image

ДА ЛИ СРБИЈА ТРЕБА ПРИСТУПИТИ КОНВЕНЦИЈИ О КАСЕТНОЈ МУНИЦИЈИ?
Should Serbia Accede to the Convention оn Cluster Munitions?

Author(s): Nebojša Raičević
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Нишу
Keywords: cluster munitions; Convention on Cluster Munitions; Republic of Serbia

Summary/Abstract: Cluster munitions(cluster bombs) are complex weapons consisting of a metal container and a number of individual explosive submunitions (bomblets). The containers are mainly dropped from an aircraft or fired by means of shells or rockets, but cluster munitions can also be dispersed or released from dispensers affixed to an aircraft. Given the fact that cluster munitions are largely imprecise and have wide area effects, cluster munitions cause serious harm to civilians, not only during the attack but also years later. The Convention on Cluster Munitions was adopted in 2008 with an aim to reduce the damage and detrimental consequences of these inhumane weapons. The Convention includes a definition of cluster munitions and imposes many obligations on the State Parties. The most important obligations pertain to the prohibition of using cluster munitions, destruction of stockpiles, clearance of contaminated areas and destruction of explosive remnants of cluster munitions, as well as the obligation to provide adequate assistance to cluster munitions victims. Additionally, the Convention imposes obligation on State Partiesto cooperate and assist one another in the process of meeting these obligations. Even though Serbian representatives actively participated in the negotiations preceding the adoption of the Convention on Cluster Munitions, the Republic of Serbia has neither signed nor ratified this Convention. Serbia may be linked to cluster munitions in a number of ways. First of all, Serbia is one of the states that still have stocks of cluster munitions, which were actually used in late 1990's. Moreover, during the NATO bombing in Serbia in 1999, a large quantity of cluster bombs was dropped in multiple locations, the result of which was a substantial number of human victims and contamination of urban and rural areas. In the process of deciding whether Serbia should accede to the Convention on Cluster Munitions, these facts must be taken into account. In particular, we should consider the military, financial and humanitarian consequences that Serbia may encounter once given the status of a State Party to this treaty.

  • Issue Year: LI/2013
  • Issue No: 65
  • Page Range: 273-289
  • Page Count: 18
  • Language: Serbian
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