The States Parties to this Convention,
Deeply concerned that civilian populations and individual civilians continue to bear
the brunt of armed conflict,
Determined to put an end for all time to the suffering and casualties caused by cluster
munitions at the time of their use, when they fail to function as intended or when
they are abandoned,
Concerned that cluster munition remnants kill or maim civilians, including women and
children, obstruct economic and social development, including through the loss of
livelihood, impede post-conflict rehabilitation and reconstruction, delay or prevent
the return of refugees and internally displaced persons, can negatively impact on
national and international peacebuilding and humanitarian assistance efforts, and
have other severe consequences that can persist for many years after use,
Deeply concerned also at the dangers presented by the large national stockpiles of
cluster munitions retained for operational use and determined to ensure their rapid
destruction,
Believing it necessary to contribute effectively in an efficient, coordinated manner
to resolving the challenge of removing cluster munition remnants located throughout
the world, and to ensure their destruction,
Determined also to ensure the full realization of the rights of all cluster munition
victims and recognizing their inherent dignity,
Resolved to do their utmost in providing assistance to cluster munition victims, including
medical care, rehabilitation and psychological support, as well as providing for their
social and economic inclusion,
Recognizing the need to provide age- and gender-sensitive assistance to cluster munition
victims and to address the special needs of vulnerable groups,
Bearing in mind the Convention on the Rights of Persons with Disabilities which, inter alia, requires that States Parties to that Convention undertake to ensure and promote
the full realization of all human rights and fundamental freedoms of all persons with
disabilities without discrimination of any kind on the basis of disability,
Mindful of the need to coordinate adequately efforts undertaken in various fora to
address the rights and needs of victims of various types of weapons, and resolved
to avoid discrimination among victims of various types of weapons,
Reaffirming that in cases not covered by this Convention or by other international
agreements, civilians and combatants remain under the protection and authority of
the principles of international law, derived from established custom, from the principles
of humanity and from the dictates of public conscience,
Resolved also that armed groups distinct from the armed forces of a State shall not,
under any circumstances, be permitted to engage in any activity prohibited to a State
Party to this Convention,
Welcoming the very broad international support for the international norm prohibiting
anti-personnel mines, enshrined in the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer
of Anti-Personnel Mines and on Their Destruction,
Welcoming also the adoption of the Protocol on Explosive Remnants of War, annexed to 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 entry into force on 12 November 2006, and wishing to enhance the protection
of civilians from the effects of cluster munition remnants in post-conflict environments,
Bearing in mind also United Nations Security Council Resolution 1325 on women, peace
and security and United Nations Security Council Resolution 1612 on children in armed
conflict,
Welcoming further the steps taken nationally, regionally and globally in recent years
aimed at prohibiting, restricting or suspending the use, stockpiling, production and
transfer of cluster munitions,
Stressing the role of publie conscience in furthering the principles of humanity as
evidenced by the global call for an end to civilian suffering caused by cluster munitions
and recognizing the efforts to that end undertaken by the United Nations, the International
Committee of the Red Cross, the Cluster Munition Coalition and numerous other non-governmental
organizations around the world,
Reaffirming the Declaration of the Oslo Conference on Cluster Munitions, by which,
inter alia, States recognized the grave consequences caused by the use of cluster munitions
and committed themselves to conclude by 2008 a legally binding instrument that would
prohibit the use, production, transfer and stockpiling of cluster munitions that cause
unacceptable harm to civilians, and would establish a framework for cooperation and
assistance that ensures adequate provision of care and rehabilitation for victims,
clearance of contaminated areas, risk reduction education and destruction of stockpiles,
Emphasizing the desirability of attracting the adherence of all States to this Convention,
and determined to work strenuously towards the promotion of its universalisation and
its full implementation,
Basing themselves on the principles and rules of international humanitarian law, in
particular the principle that the right of parties to an armed conflict to choose
methods or means of warfare is not unlimited, and the rules that the parties to a
conflict shall at all times distinguish between the civilian population and combatants
and between civilian objects and military objectives and accordingly direct their
operations against military objectives only, that in the conduct of military operations
constant care shall be taken to spare the civilian population, civilians, and civilian
objects and that the civilian population and individual civilians enjoy general protection
against dangers arising from military operations,
