Dublin Cluster Bomb Convention.

De Morgen of 30 May contains an article about a ban on cluster bombs that would be approved by no fewer than 100 countries. As expected, the US is not among them, but how is it possible that a country that does not support the treaty still gets a say in the article? For example, they have been given an article in the treaty on interoperability that allows ‘joined forces’ with countries that have not signed the treaty.

If they will not sign the treaty anyway, why not draw up a solid and conclusive (read, without loopholes) treaty with the countries that do want to?

Asker: Reinout, 31 years old

Answer

Dear Reinout,

Drafting a treaty is a diplomatic balancing act. By involving the US in the negotiations, they are still trying to persuade them to join the treaty. Moreover, the US is an important country with a lot of influence on other countries in the world (via NATO, military presence, development aid, economic relations,…) and by putting pressure on those countries, the US can sometimes gain a place in the world. force the negotiating table. Similarly, they can also sometimes persuade countries to include certain articles in treaties that are beneficial to the US, even though the US is not a party to that treaty. Moreover, such a provision seems necessary in order to still be able to act together with the US within the framework of NATO,… (even if cluster bombs are not used in those concrete joint assignments,…).

A treaty is therefore rarely the perfect text and is usually rich in loopholes. It is always a compromise that the Heads of State and Government must be able to defend in their own country and that determines their relationship with other countries. Moreover, the provisions are often very vague, so that every country can still read what they want, so that everyone has the idea that they have been right.

It is unfortunate that such an important issue is being haggled over as cluster bombs, but it certainly sent an important signal. And this could cause minds, including in the US, to move towards a general ban. There is, for example, such a positive evolution. also be noted with regard to anti-personnel mines. The same goes for the Kyoto treaty, to which the US also did not want to sign, but where the minds are now matured to do it in the future (eg Obama is in favor of that).

Answered by

Dr Jeroen De Herdt

Criminal law and criminal procedure

Dublin Cluster Bomb Convention.

University of Antwerp
Prinsstraat 13 2000 Antwerp
http://www.uantwerpen.be

.

Recent Articles

Related Stories