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クラスター合意原文 [2008年05月30日(Fri)]







  アイルランド国旗




 
 クラスター爆弾の全面禁止(アメリカの不参加最新型を除く点は問題なしとしない)に、各国が合意した。
 
 日本の外務省で最も熱心に軍縮問題に取り組んできた現役外交官の一人が、阿部信泰駐スイス大使。

 誇るべきはわが母校・秋田県立秋田高校の後輩(そんなことはどうでもいい? 解ってます、はい)。

 対人地雷問題でも軍縮担当審議官として熱心に取り組んだ人です。オタワでの対人地雷全面禁止条約への署名式でも縁の下の力持ちをしていました。

 難民を助ける会のために中曽根康弘元首相が描いてくれたポスターを阿部審議官が捧げて、その前で、小渕恵三外相(当時)が日本の条約参加を説明していたのです。

 その阿部大使から、「アイルランド政府のWebサイトに掲載されたダブリン会議の合意の議長テキスト案文を添付します。18ページと長いのですが、焦点は、第2条の「定義」と第21条の「非締約国との関係」だったと見られます」というコメント付で、合意文書の英文が送られてきた。

 ご指摘の通り、第2、第18の両条が重要。

 興味・関心のある方のために、これを記します。全文が必要な方は、メールください。

☆ .。.:*・゜☆.。.:*・゜☆.。.:*・゜

DIPLOMATIC CONFERENCE FOR THE ADOPTION OF A CONVENTION ON CLUSTER MUNITIONS
DUBLIN 19 – 30 MAY 2008


Article 2
Definitions
For the purposes of this Convention:

1. “Cluster munition victims” means all persons who have been killed or suffered physical or psychological injury, economic loss, social marginalisation or substantial impairment of the realisation of their rights caused by the use of cluster munitions. They include those persons directly impacted by cluster munitions as well as their affected families and communities;

2. “Cluster munition” means a conventional munition that is designed to disperse or release explosive submunitions each weighing less than 20 kilograms, and includes those explosive submunitions. It does not mean the following:

(a)
A munition or submunition designed to dispense flares, smoke, pyrotechnics or chaff; or a munition designed exclusively for an air defence role;

(b)
A munition or submunition designed to produce electrical or electronic effects;
(c)
a munition, that in order to avoid indiscriminate area effects and the risks posed by unexploded submunitions, has all of the following characteristics:

(i)
Each munition contains fewer than 10 explosive submunitions;

(ii)
Each explosive submunition weighs more than four kilograms;

(iii)
Each explosive submunition is designed to detect and engage a single target object;

(iv)
Each explosive submunition is equipped with an electronic self-destruction mechanism;

(v)
Each explosive submunition is equipped with an electronic self-deactivating feature;


3. “Explosive submunition” means a conventional munition that in order to perform its task is dispersed or released by a cluster munition and is designed to function by detonating an explosive charge prior to, on or after impact;

4. “Failed cluster munition” means a cluster munition that has been fired, dropped, launched, projected or otherwise delivered and which should have dispersed or released its explosive submunitions but failed to do so;

5. “Unexploded submunition” means an explosive submunition which has been dispersed or released by, or otherwise separated from, a cluster munition and has failed to explode as intended;

6. “Abandoned cluster munitions” means cluster munitions or explosive submunitions that have not been used and that have been left behind or dumped, and that are no longer under the control of the party that left them behind or dumped them. They may or may not have been prepared for use;

7. “Cluster munition remnants” means failed cluster munitions, abandoned cluster munitions, unexploded submunitions and unexploded bomblets;

8. “Transfer” involves, in addition to the physical movement of cluster munitions into or from national territory, the transfer of title to and control over cluster munitions, but does not involve the transfer of territory containing cluster munition remnants;

9. “Self-destruction mechanism” means an incorporated automatically-functioning mechanism, which is in addition to the primary initiating mechanism of the munition, and which secures the destruction of the munition into which it is incorporated;

10. “Self-deactivating” means automatically rendering a munition inoperable by means of the irreversible exhaustion of a component, for example, a battery, that is essential to the operation of the munition;

11. “Cluster munition contaminated area” means an area known or suspected to contain cluster munition remnants;

12. “Mine” means a munition designed to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle;

13. “Explosive bomblet” means a conventional munition, weighing less than 20 kilograms, which is not self-propelled and which in order to perform its task is dispersed or released by a dispenser, and is designed to function by detonating an explosive charge prior to, on or after impact;

14. “Dispenser” means a container which is designed to disperse or release explosive bomblets and which is affixed to an aircraft at the time of dispersal or release;

15. “Unexploded bomblet” means an explosive bomblet which has been dispersed, released or otherwise separated from a dispenser and has failed to explode as intended.
withdrawal shall not take effect before the end of the armed conflict.


Article 21
Relations with States not parties to this Convention

1. Each State Party shall encourage States not parties to this Convention to ratify, accept, approve or accede to this Convention, with the goal of attracting the adherence of all States to this Convention.

2. Each State Party shall notify the governments of all States not parties to this Convention, referred to in paragraph 3 of this Article, of its obligations under this Convention, shall promote the norms it establishes and shall make its best efforts to discourage States not parties to this Convention from using cluster munitions.

3. Notwithstanding the provisions of Article 1 of this Convention and in accordance with international law, States Parties, their military personnel or nationals, may engage in military cooperation and operations with States not parties to this Convention that might engage in activities prohibited to a State party.

4. Nothing in paragraph 3 of this Article shall authorise a State Party:

(a) To develop, produce or otherwise acquire cluster munitions;

(b) To itself stockpile or transfer cluster munitions;

(c) To itself use cluster munitions; or

(d) To expressly request the use of cluster munitions in cases where the choice of munitions used is within its exclusive control.
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