What does the Convention say?
Article 9 requires 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 and undertaken by persons or on territory under its jurisdiction or control.
Article 9 specifies no predetermined way in which implementation must be done – what matters is that States Parties are able to comply with all the Convention’s requirements, both its core prohibitions and positive obligations, and that they do so on the basis of their own legal system and constitution.
The Dubrovnik Action Plan, which was adopted by the First Review Conference in September 2015, committed States Parties to prioritizing the development and adoption of legislation and other measures to implement the Convention.
Below is an overview of implementation status based on Article 7 reports to date:
- 31 of the 106 States Parties have adopted specific legislation to implement the Convention at the national level.
- An additional 27 States Parties have indicated that their existing legislation is sufficient.
- 19 States Parties have informed that legislation is under consideration or in the process of being adopted.
- 11 States Parties need to clarify the status of domestication.
- 14 States Parties have not provided any information on Article 9 implementation.
In terms of National Implementation Measures, the Dubrovnik Action Plan encourages States Parties to:
- Enact national legislation to implement the Convention
- Highlight challenges and request assistance
- Raise awareness of national implementation measures
By the Second Review Conference in 2020, these efforts should result in:
- All States Parties being in compliance with Article 9 and have reported on national implementation in formal meetings of the Convention and through Article 7 transparency reports;
- All relevant national actors, including armed forces being informed of obligations under the Convention and of national implementation measures including as a result of their reflection, where necessary in military doctrine, policies and training.