CCW/CONF.II/2 SECOND REVIEW CONFERENCE OF THE STATES PARTIES 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 Geneva, 11-21 December 2001 FINAL DOCUMENT Geneva, 2001 .,. llflliiJUHIImf[lfiiiHUI:IUIIJIIIII u~. * 2 0 0 2 0 6 0 2 6 1 * ENG CCW/CONF .II/2 page iii CONTENTS Paragraphs Page Part I: Report of the Second Review Conference I. Introduction...................................................... 1 - 8 2 II. Organization of the Second Review Conference ..........9- 24 3 III. Work of the Second Review Conference .................25 - 31 5 IV. Decisions and Recommendations ......................... 32 - 34 6 Part II: Final Declaration .................................................................. 8 Part III: Documents of the Second Review Conference - Agenda of the Second Review Conference ................................... 20 -Programme of Work of the Second Review Conference ................... 27 -Agenda of Main Committee I. ................................................ 29 -Report ofMain Committee 1. .................................................. 30 -Agenda ofMain Committee II ................................................ 41 -Report ofMain Committee II ................................................. 42 -Report of the Credentials Committee ........................................ 43 - Estimated Costs of the 2002 meeting ofthe States Parties to the Convention on the Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects ................................... 46 -Estimated Costs of the three sessions of the Group of Governmental Experts of the States Parties to the Convention on the Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects .............................................. .48 -Draft Mandate of Explosive Remnants of War for a Group of Governmental Experts - (as submitted by Friend of the Chair on Explosive Remnants ofWar, Ambassador Chris Sanders ofthe Netherlands) .............................. 53 CCW /CONF .IJ/2 Pageiv - Working Paper submitted by the European Union Explosive Remnants ofWar..................................................... 54 -Working Paper submitted by South Africa CCW Convention: Additional Articles on Consultations and Compliance .................................................. 57 Part IV: Summary Records ofPlenary Meetings ....................................... 60 Annex I: List ofDocuments ............................................................... 107 Annex II: List of Participants ............................................................... 109 CCW/CONFJI/2 page 1 PART I Report of the Second Review Conference CCW/CONF.II/2 page2 REPORT OF THE SECOND REVIEW CONFERENCE OF THE STATES PARTIES 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 I. Introduction 1. The First Review Conference of the States Parties 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 agreed, inter alia, that future review conferences should be held more frequently, with consideration to be given to holding a review conference every five years. In this connection, the Conference decided, consistent with Article 8.3(c), to convene a further conference five years following the entry into force of the amendments adopted at the First Review Conference, but in any case not later than 2001, with preparatory expert meetings starting as early as 2000, if necessary (Final Declaration, Article 8). 2. At its fifty-fifth session, the General Assembly of the United Nations, in operative paragraph 4 of its resolution 55/37 of20 November 2000, inter alia, recalled the decision of the States Parties to the Convention to convene the next Review Conference not later than 2001, preceded by a preparatory committee, and recommended that the Review Conference be held in Geneva in December 2001. Furthermore, the General Assembly noted that, in conformity with Article 8 of the Convention, the next Review Conference may consider any proposal for amendments to the Convention or the Protocols thereto as well as any proposals relating to other categories of conventional weapons not covered by existing Protocols to the Convention. 3. Following the recommendation of United Nations General Assembly resolution 55/37, the Preparatory Committee held three sessions, on 14 December 2000, from 2 to 6 April2001 and from 24 to 28 September 2001, respectively. In addition, at its second plenary meeting on 6 April2001, the Preparatory Committee decided to convene informal open-ended consultations in Geneva during the week from 27 to 31 August 2001. 4. The First Preparatory Committee was held at Geneva on 14 December 2000 and it decided, inter alia, that the Second Review Conference would be held also at Geneva from 11 to 21 December 2001. 5. At its meeting on 14 December 2000, the Preparatory Committee agreed to recommend that the Conference adopt the Rules of Procedure as contained in Annex II of document CCW/CONF.II/PC.l/1, that is to apply, mutatis mutandis, the same Rules ofProcedure as adopted by the First Review Conference held in 1995-1996 with oral amendments. In connection with the adoption of the Rules of Procedure, the Committee recommended that the President of the Second Review Conference make the following statement: CCWICONF.W2 page3 "With regard to Rule 34 of the Rules of Procedure, it is affirmed that, in the deliberations and negotiations relating to the Convention and its annexed Protocols, High Contracting Parties have proceeded on the basis of consensus and no decisions have been taken by vote. I! 6. Furthermore, the Committee approved the estimated costs of the Review Conference and its three Preparatory Committees. 7. At the first plenary meeting of the Second Preparatory Committee on 2 April2001, the Committee unanimously decided to nominate Ambassador Les Luck of Australia as the President­ designate of the Review Conference. 8. At the closing plenary meeting of the Third Preparatory Committee on 28 September 2001, the President-designate presented to the Committee a compilation of the proposals he recommended for consideration at the Second Review Conference (document CCW/CONF.II/PC.3/1, Annex III). II. Organisation of the Second Review Conference 9. The Second Review Conference was held at Geneva from 11 to 21 December 2001. 10. On 11 December 2001, the Conference was opened by the President of the First Review Conference, Ambassador Johan Molander of Sweden. Subsequently, the Chairman of the Third Preparatory Committee, Ambassador Les Luck of Australia, submitted the Report of the Preparatory Committee to the Second Review Conference for its consideration. 11. At the same meeting, the Conference confirmed by acclamation the nomination of Ambassador Les Luck of Australia as President of the Review Conference. 12. At its first plenary meeting, on 11 December 2001, the Review Conference adopted its agenda as recommended by the Third Preparatory Committee (CCW/CONF.IIIPC.3/l, Annex IV). 13. At the same meeting, the Conference adopted the Rules of Procedure, as recommended by the First Preparatory Committee. In connection with the adoption of the Rules of Procedure, the President of the Second Review Conference made the following statement: "With regard to Rule 34 of the Rules of Procedure, it is affirmed that, in the deliberations and negotiations relating to the Convention and its annexed Protocols, High Contracting Parties have proceeded on the basis of consensus and no decisions have been taken by vote." 14. At the same plenary meeting, the Conference unanimously confirmed the nomination of Mr. Vladimir Bogomolov, Political Affairs Officer in the Geneva Branch of Department for Disarmament Affairs as Secretary-General of the Conference. The nomination had been made by the Secretary-General of the United Nations by a letter dated 15 June 2001. CCW/CONF.II/2 page4 15. At the same plenary meeting, the Conference, in accordance with its Rules of Procedure and following the recommendation of the Third Preparatory Committee, unanimously elected 10 Vice­ Presidents from the following States Parties: Bangladesh, China, Croatia, France, Mexico, Poland, Slovakia, South Africa, Switzerland, and the United States of America. 16. At the same meeting, the Conference also unanimously elected the Chairmen and Vice- Chairmen of the Drafting Committee, the two Main Committees and the Credentials Committee, as follows: Drafting Committee: Chairman Mr. Munir Akram (Pakistan) Vice-Chairman Mr. Seiichiro Noboru (Japan) Main Committee I: Chairman Mr. Rakesh Sood (India) Vice-Chairman Mr. Clive Pearson (New Zealand) Main Committee II: Chairman Mr. Chris Sanders (The Netherlands) Vice-Chairman Mrs. Anda Filip (Romania) Credentials Committee: Chairman Mr. Peter Kolarov (Bulgaria) Vice-Chairman Mr. Jean Lint (Belgium) 17. The Conference also appointed, on the proposal of the President, representatives from the following three States Parties as members of the Credentials Committee: China, Cuba and Germany. 18. At the same meeting, in accordance with Rule 16 of the