Summary and Background
3.The main purpose of this Act is to create criminal offences in order to enforce the prohibitions set out in Article 1 of the Convention on Cluster Munitions that was signed by the Foreign Secretary in Oslo on 3 December 2008, and to which the United Kingdom wishes to become a State Party. The Convention on Cluster Munitions will be referred to in these notes as “the Convention.”
4.Article 1 of the Convention prohibits States Parties from using, developing, producing, otherwise acquiring, stockpiling, retaining or transferring cluster munitions; and from assisting, encouraging or inducing anyone else to engage in these prohibited activities. The Article 1 prohibitions also apply to explosive bomblets that are specifically designed to be dispersed or released from dispensers affixed to aircraft. Criminalising these prohibited activities is necessary because Article 9 of the Convention stipulates that:
“Each State Party shall take all appropriate legal, administrative and other measures to implement this Convention, including the imposition of penal sanctions to prevent and suppress any activity prohibited to a State Party under this Convention undertaken by persons or on territory under its jurisdiction or control.”