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From adoption to entry into force
The Convention on Cluster Munitions enters into force on 1 August 2010. It was adopted on 30 May 2008 in Dublin and signed by 94 states i Oslo 3 - 4 December 2008. The First meeting of States Parties will take place in Vientiane, Laos on 8 - 12 November 2010.
Signature
Article 15 states that the convention ”…shall be open for signature at Oslo by all states on 3 December 2008 and thereafter at United Nations headquarters in New York until its entry into force.” States not attending the December Signing Conference may provide their signature at the UN Headquarters in New York. After the convention has entered into force, states become states parties by accession. Signing, however, is not sufficient for a state to become state party to the convention. In addition to merely sign the convention, a state must also ratify, accept, approve or access to the convention.
Ratification, acceptance, approval or accession
Article 16 concerns the acceptance to be bound by the convention by individual states, i.e. the formal process that a state must undertake to incorporate an international instrument into its national legislation or otherwise formally accept to be bound by its obligations. The process varies between individual states in accordance with their respective procedures and also changes after the convention has entered into force.
Before entry into force
States that have signed the convention, either in Oslo or at the UN in New York, need to ratify the convention. This may be achieved by incorporating it into their national legislation or by otherwise formally accepting to be bound by its obligations. Subsequently, States are obliged to communicate ratifications to the depositary, the Secretary General of the United Nations. This is usually done by submitting an instrument of ratification to the office of the Secretary General in New York.
The convention enters into force six months after 30 states have ratified it. After entry into force, the convention can no longer be signed.
After entry into force
Signatory states can join the convention by accepting, or approving of it, by incorporating the convention into their national legislation or otherwise formally accept to be bound by its obligations. States then have to communicate this to the depositary; the Secretary General of the United Nations.
States that have not signed the convention may become states parties by accession to it, by incorporating it into their national legislation or otherwise formally accept to be bound by its obligations, and by communicating this to the depositary; the Secretary General of the United Nations.
ICRC Ratification Toolkits and Model Legislation The ICRC has produced Ratification Toolkits in consultation with the UN Treaty Section that contains additional information on ratification as well as:
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Entry into Force
(1 August 2010)
Article 17 concerns entry into force of the convention, i.e. the date it becomes formally binding for the first 30 states parties. This will be the starting date for the time-limited obligations of the convention. In particular, this relates to stockpile destruction and clearance of cluster munition remnants. The convention will enter into force six months after 30 states have ratified it. For states joining the convention after this date, the convention will then enter into force six months after their ratification or accession. All states may voluntarily declare that they will comply with the obligations of article 1 in the convention before it enters into force for that state.
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First Meeting of States Parties (8 - 12 November 2010)
The first meeting of states parties will be key to the implementation of the convention. The first meeting of states parties will, according to article 14, take place no later then 12 months after Entry into Force.
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