On Ratification of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons That May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects and its Protocols: Protocol on Undetectable Fragments (Protocol I), Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III) and Protocol on Blinding Laser Weapons (Protocol IV)
The Law of the Republic of Kazakhstan dated February 23, 2009 No. 140-IV
To ratify the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons That May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects and its Protocols: Protocol on Undetectable Fragments (Protocol I), Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III) and Protocol on Blinding Laser Weapons (Protocol IV), Adopted in Geneva on October 10, 1980.
President of the Republic of Kazakhstan N. Nazarbayev
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects
The High Contracting Parties, Recalling that each State has the obligation, in accordance with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations; Recalling further the general principle protection of the civilian population from the danger of military operations; Proceeding from the principle of international law, according to which the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited, as well as from the principle prohibiting the use of weapons, shells and substances and methods of warfare in armed conflicts that may cause excessive damage or cause unnecessary suffering; Recalling also that it is prohibited to use methods of or means of warfare that aim to cause, or can be expected to cause, extensive long-term and serious damage to the natural environment; Reaffirming their conviction that in cases not provided for by this Convention and its annexed Protocols or other international agreements, the civilian population and combatants remain permanently protected and governed by the principles of international law derived from established customs, principles of humanity and the demands of public conscience; desiring to promote international detente, the cessation of the arms race and confidence-building between States and, consequently, the realization of the desire of all peoples to live in peace; Recognizing the importance of all efforts that can contribute to progress towards general and complete disarmament under strict and effective international control; reaffirming the need to continue the codification and progressive development of international law applicable in times of armed conflict; Desiring to prohibit or further restrict the use of certain types of conventional weapons, and considering that the positive results achieved in this field can contribute to substantive disarmament negotiations with a view to ending the production, stockpiling and proliferation of such weapons; Emphasizing the desirability of all States becoming parties to this Convention and its annexed Protocols, in particular the important Militarily, the State; Considering that the General Assembly of the United Nations and the United Nations Disarmament Commission may decide to explore the possible expansion of the scope of prohibitions and restrictions provided for in this Convention and its annexed Protocols; considering further that the Committee on Disarmament may decide to consider taking further measures to prohibit or restrict the use of certain conventional weapons weapons; agreed on the following .
Article 1 Scope of application (as amended on December 21, 2001)
1. This Convention and its annexed Protocols shall apply in the situations specified in article 2 common to the Geneva Conventions of August 12, 1949 for the protection of Victims of War, including any situation described in paragraph 4 of Article 1 of Additional Protocol I to these Conventions. 2. This Convention and the Protocols annexed thereto shall also apply, in addition to the situations referred to in paragraph 1 of this article, to the situations referred to in article 3 common to the Geneva Conventions of August 12, 1949. This Convention and its annexed Protocols do not apply to cases of violations of internal order and situations of internal tension, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as these do not constitute armed conflicts. 3. In the event of armed conflicts that are not of an international nature and take place on the territory of one of the High Contracting Parties, each party to the conflict is obliged to apply the prohibitions and restrictions of this Convention and its annexed Protocols. 4. Nothing in this Convention or the Protocols annexed thereto shall be interpreted as affecting the sovereignty of a State or the duty of the Government by all lawful means to maintain or restore law and order in the State or to protect the national unity and territorial integrity of the State. 5. Nothing in this Convention or the Protocols annexed thereto shall be interpreted as justifying direct or indirect interference for any reason in an armed conflict or in the internal or external affairs of the High Contracting Party on whose territory the conflict is taking place. 6. The application of the provisions of this Convention and its annexed Protocols to parties to the conflict that are not High Contracting Parties that have accepted this Convention or its annexed Protocols does not directly or indirectly change their legal status or the legal status of the disputed territory. 7. The provisions of paragraphs 2 to 6 of this article are without prejudice to additional protocols adopted after January 1, 2002, which may apply, exclude or modify their scope of application in connection with this article.
Article 2 Relationship with other international agreements
Nothing in this Convention or the Protocols annexed thereto may be interpreted as detracting from the importance of other obligations imposed on the High Contracting Parties by international humanitarian law applicable in armed conflicts.
Article 3 Signature
This Convention shall be open for signature by all States at the headquarters of the United Nations in New York for a period of twelve months beginning on April 10, 1981.
Article 4 Ratification, acceptance, approval or accession
1. This Convention is subject to ratification, acceptance or approval by signatory States. Any State that has not signed this Convention may accede to it. 2. Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary. 3. The expression of consent to be bound by any of the Protocols annexed to this Convention is optional for each State, provided that, at the time of depositing its instrument of ratification, acceptance, approval or accession to this Convention, that State notifies the depositary of its consent to be bound by any two or more of them. these Protocols. 4. At any time after the deposit of its instrument of ratification, acceptance, approval or accession to this Convention, a State may notify the depositary of its consent to be bound by any attached Protocol to which it is not yet bound. 5. Any Protocol by which a High Contracting Party is bound shall be an integral part of this Convention for that Party.
Article 5 Entry into force
1. This Convention shall enter into force six months after the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession. 2. For any State that deposits its instrument of ratification, acceptance, approval or accession after the deposit of the twentieth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force six months after the date of deposit by that State of its instrument of ratification, acceptance, approval or joining. 3. Each of the Protocols annexed to this Convention shall enter into force six months after the date by which twenty States have notified their consent to be bound by this Protocol in accordance with paragraph 3 or 4 of article 4 of this Convention. 4. For each State that notifies of its consent to be bound by a Protocol annexed to this Convention after the date by which twenty States have notified of their consent to be bound by it. The Protocol shall enter into force six months after the date of notification by that State of its consent to be bound by the Protocol.
Article 6 Dissemination
The High Contracting Parties undertake, both in time of peace and in time of armed conflict, to disseminate this Convention and those of the Protocols annexed thereto by which they are bound as widely as possible in their countries, and in particular to include their study in military training programmes so that these documents may become known to their armed forces.
Article 7 Contractual relations after the entry into force of this Convention
1. If one of the parties to the conflict is not bound by any of the attached Protocols, the parties that are bound by this Convention and this attached Protocol shall remain bound by them in their mutual relations. 2. Any High Contracting Party is bound by this Convention and any Protocol annexed thereto that has entered into force for it, in any situation provided for in Article 1, in respect of any State that is not a Party to this Convention or is not bound by the relevant annexed Protocol, if the latter accepts and applies this Convention or the relevant Protocol and notifies about this depository. 3. The Depositary shall immediately notify the High Contracting Parties concerned of any notification received in accordance with paragraph 2 of this article. 4. This Convention and the annexed Protocols, by which the High Contracting Party is bound, shall apply to an armed conflict directed against that High Contracting Party of the kind referred to in paragraph 4 of Article 1 of Additional Protocol I to the Geneva Conventions of August 12, 1949 for the Protection of War Victims: (a) If the High Contracting Party is also a Party to the Additional Protocol I and if the authority referred to in paragraph 3 of Article 96 of that Protocol, has undertaken to apply the Geneva Conventions and Additional Protocol I in accordance with paragraph 3 of Article 96 of the said Protocol and undertakes to apply this Convention and the relevant annexed Protocols in relation to this conflict, or (b) if the High Contracting Party is not a party to Additional Protocol I and if the authority referred to in subparagraph (a) above, Accepts and applies obligations under the Geneva Conventions, as well as under this Convention and the relevant attached Protocols in relation to this conflict, Such acceptance and application shall entail the following in relation to this conflict: (i) The Geneva Conventions, as well as this Convention and the relevant Protocols annexed thereto, shall immediately enter into force for the parties to this conflict.; (ii) The said authority acquires the same rights and obligations as acquired by the High Contracting Party to the Geneva Conventions, this Convention and the relevant Protocols annexed thereto, and (iii) the Geneva Conventions, this Convention and the relevant Protocols annexed thereto are equally binding on all parties to the conflict. The High Contracting Party and the authority may also agree to accept and apply on a reciprocal basis the obligations under Additional Protocol I to the Geneva Conventions.
Article 8 Review of action and amendments
1. (a) At any time after the entry into force of this Convention, any High Contracting Party may propose amendments to this Convention or to any Protocol annexed thereto that is binding on it. Any amendment proposal shall be forwarded to the depositary, who shall notify it to all the High Contracting Parties and seek their views on whether a conference should be convened to consider the proposal. If so desired by a majority of at least eighteen High Contracting Parties, he shall immediately convene a conference to which all High Contracting Parties shall be invited. States that are not parties to this Convention shall be invited to attend the Conference as observers. (b) Such a conference may agree on amendments, which shall be adopted and enter into force in the same manner as this Convention and its annexed Protocols, provided that amendments to this Convention may be adopted only by the High Contracting Parties and that amendments to a specific annexed Protocol may be adopted only by the High Contracting Parties for which this Protocol applies. it is binding. 2. (a) At any time after the entry into force of this Convention, any High Contracting Party may propose additional protocols relating to other categories of conventional weapons not covered by the existing annexed Protocols. Any such proposal for an additional protocol shall be sent to the depositary, who shall notify all High Contracting Parties thereof in accordance with subparagraph (a) of paragraph 1 of this Article. If so desired by a majority of at least eighteen High Contracting Parties, the depositary shall immediately convene a conference to which all States shall be invited. b) Such a conference may, with the full participation of all States represented at the conference, agree on Additional Protocols, which shall be adopted in the same manner as this Convention, annexed thereto and enter into force as provided for in paragraphs 3 and 4 of Article 5 of this Convention. 3. (a) If no conferences have been convened in accordance with paragraphs 1a and 2a of this Article after the expiration of ten years after the entry into force of this Convention, any High Contracting Party may request the depositary to convene a conference to which all High Contracting Parties are invited to consider the scope and operation of this Convention; and the Protocols annexed thereto and for consideration of any proposal for amendments to this Convention or to existing Protocols. States that are not parties to this Convention shall be invited to attend the Conference as observers. The Conference may agree on amendments, which shall be adopted and enter into force in accordance with subparagraph (b) of paragraph 1 above. b) Such a conference may also consider any proposal for Additional Protocols relating to other categories of conventional weapons not covered by the existing annexed Protocols. All States represented at the conference may participate fully in such consideration. Any Additional Protocols shall be adopted in the same manner as this Convention, shall be annexed thereto and shall enter into force as provided for in paragraphs 3 and 4 of Article 5 of this Convention. c) Such a conference may consider whether to provide for the convening of another conference at the request of any High Contracting Party if, after a period similar to that specified in subparagraph (a) of paragraph 3 of this Article, conferences in accordance with paragraph 1a or 2a of this Article have not been convened.
Article 9 Denunciation
1. Any High Contracting Party may denounce this Convention or any of the Protocols annexed thereto by notifying the depositary thereof. 2. Any such denunciation shall take effect only one year after the notification of denunciation is received by the depositary. If, however, after the expiration of a year, that denouncing High Contracting Party finds itself in one of the situations referred to in Article 1, that Party shall continue to be bound by obligations under this Convention and the relevant annexed Protocols until the end of the armed conflict or occupation and in any case until the completion of operations related to the final liberation, return to their homeland or the organization of persons who are protected by the norms of international law applicable in armed conflicts, and in the case of, When any of the attached Protocols contains provisions on situations in which United Nations forces or missions perform peacekeeping, monitoring or similar functions in the relevant area, until the termination of these functions. 3. Any denunciation of this Convention shall also apply to all the annexed Protocols by which the denouncing High Contracting Party is bound. 4. Any denunciation shall have effect only in respect of the denouncing High Contracting Party. 5. No denunciation shall affect the obligations already assumed in connection with an armed conflict in accordance with this Convention and the Protocols annexed thereto by such denouncing High Contracting Party in respect of any act committed prior to the entry into force of this denunciation.
Article 10 The Depositary
1. The Secretary-General of the United Nations shall be the depositary of this Convention and the Protocols annexed thereto. 2. In addition to its normal functions, the depositary shall inform all States of: (a) signatures of this Convention in accordance with article 3; (b) the deposit of instruments of ratification, acceptance, approval or accession to this Convention in accordance with article 4; (c) notifications of consent to be bound by the attached Protocols in accordance with in accordance with article 4; (d) The dates of entry into force of this Convention and each of the Protocols annexed thereto in accordance with article 5, and (e) notifications of denunciation received in accordance with article 9 and the dates of their entry into force.
Article 11 Authentic texts
The original of this Convention, with the attached Protocols, the texts of which in Arabic, Chinese, English, English, French, Russian and Spanish are equally authentic, shall be deposited with the depositary, who shall transmit certified copies to all States.
Protocol on Undetectable Fragments (Protocol I)
It is forbidden to use any weapon, the main effect of which is to cause damage by fragments that are not detectable in the human body using X-rays.
Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III)
Article 1 Definition
For the purposes of this Protocol: 1. "Incendiary weapon" means any weapon or ammunition that is primarily intended to set fire to objects or cause burns to people through the action of flame, heat, or both resulting from a chemical reaction of a substance delivered to a target. a) Incendiary weapons may take the form of, for example, flamethrowers, land mines, shells, rockets, grenades, mines, bombs and other containers with incendiary substances. b) Incendiary weapons do not include: i) ammunition that can have an accidental incendiary or burning effect, such as lighting devices, tracer projectiles, smoke or alarm systems; (ii) Ammunition designed for combined penetration, explosion or fragmentation with an additional incendiary effect, such as armor-piercing shells, fragmentation shells, high-explosive bombs and similar combined-action ammunition, the incendiary effect of which is not specifically designed to cause burns to humans, but which are used against military installations such as armored vehicles, aircraft and installations or structures. 2. "Concentration of the civilian population" means any concentration of the civilian population, whether permanent or temporary, such as in residential parts of cities or in populated towns or villages, or in camps or convoys of refugees or evacuees, or in groups of nomadic populations. 3. "Military facility" means, as far as facilities are concerned, any facility that, by virtue of its nature, location, purpose or use, makes an effective contribution to military operations and the total or partial destruction, capture or neutralization of which, under the circumstances currently prevailing, provides a clear military advantage. 4 "Civilian objects" are all objects that are not military objects, as defined in paragraph 3. 5. "Possible precautions" means such precautions as are practically applicable or practically possible, taking into account all circumstances existing at the moment, including humane and military considerations.
Article 2 Protection of the civilian population and civilian objects
1. It is prohibited under any circumstances to expose the civilian population as such, individual civilians or civilian objects to an attack using incendiary weapons. 2. It is prohibited under any circumstances to expose any military facility located in an area of concentration of the civilian population to an attack using incendiary weapons delivered by air. 3. It is also prohibited to expose any military facility located in an area of concentration of the civilian population to an attack using incendiary weapons, with the exception of those delivered by air, except in cases where such a military facility is clearly separated from the concentration of the civilian population and all possible precautions are taken to limit the incendiary effect on the military facility and to avoid and in any case inform minimize accidental civilian casualties, injury to civilians, and damage to civilian facilities. 4. It is prohibited to turn forests or other types of vegetation into an object of attack using incendiary weapons, except in cases where such natural elements are used to hide, conceal or disguise combatants or other military installations, or when they themselves are military installations.
Protocol on Blinding Laser Weapons (Protocol IV)
Article 1
It is prohibited to use laser weapons specifically designed for use in combat operations solely or in part in order to cause permanent blindness to the visual organs of a person who does not use optical devices, i.e. to unprotected visual organs or visual organs with vision correction devices. The High Contracting Parties do not transfer such weapons to any State or any non-governmental entity.
Article 2
When using laser systems, the High Contracting Parties shall take all possible precautions in order to avoid cases of permanent blindness to the organs of vision of people who do not use optical devices. Such precautions include the training of their armed forces and other practical measures.
Article 3
The prohibition under this Protocol does not cover blinding as an accidental or concomitant effect of the legitimate use of laser systems for military purposes, including the use of laser systems against optical equipment.
Article 4
For the purposes of this Protocol, "permanent blindness" means irreversible and permanent vision loss that causes a serious disability that cannot be cured. Severe disability is equivalent to a decrease in visual acuity below 20/200 according to the Snellen tables, measured in both eyes.
I hereby certify that this text is a true copy of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects and its Protocols, done at Geneva on October 10, 1980.
Head of the Department International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev
The RCPI's note. The following is the text of the Convention with the attached Protocols in Arabic, Chinese, English, French and Spanish.
President
Republic of Kazakhstan
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