The central provision of the treaty is the ban on the use, production, stockpiling and transfer of cluster munitions. This makes it illegal in every country that joins the treaty for anyone to use cluster munitions or engage in any production or trade of the weapon. Other weapons that have been banned in this way include anti-personnel landmines as well as biological and chemical weapons.
The ban also extends to any activity that would assist other countries in the use, stockpiling, production or transfer of cluster munitions. This means that if a country, for example the UK, has signed the treaty banning cluster munitions and it takes part in a joint military operation with another country that has not, for example the US, then UK troops must not do anything that would in any way assist in the use of these weapons during that operation. The ban on assistance also means that it is illegal for any bank or other financial institution to invest in companies that are engaged in the manufacture of cluster munitions.
The definition of a cluster munition was the subject of intense negotiations during the Oslo Process. The definition is a broad catch all definition that covers all weapons with explosive submunitions and places a prohibition on this entire category of weapons. The definition sets out three clarifications for certain types of weapons that have submunitions but that do not have the effects of cluster munitions. These weapons fall outside the category of cluster munitions so they are not banned. For example weapons designed for smoke, flare, illumination and electronic counter measures are not considered cluster munitions. In addition weapons that meet strict technical criteria that allow them to individually seek out and engage a single target are not considered cluster munitions. The CMC will continue to monitor these weapons carefully to ensure they do not have the effects of cluster munitions. If they do, then they will be banned under the effects based criteria stipulated in the definition.
A SUMMARY OF THE KEY OBLIGATIONS ON STATES
General obligations and scope (Article 1)
The production, stockpiling use, and transfer of all cluster munitions are prohibited in all circumstances, including in international conflicts and conflicts of a non-international nature. It is also prohibited to assist, encourage or induce anyone to engage in any activity prohibited by the Convention.
Definitions (Article 2)
A cluster munition is defined in the Convention as: ‘a conventional munition that is designed to disperse or release explosive submunitions each weighing less than 20 kilograms, and includes those explosive submunitions.’ The definition makes certain clarifications for weapons that have submunitions but are not considered cluster munitions, such as weapons with submunitions designed for smoke, flare, and electronic counter-measures. Also falling outside the definition are weapons that have submunitions but that do not cause the indiscriminate area effects or UXO risks of cluster munitions. Such munitions must meet each of a series of five minimum technical characteristics set out in the treaty.