집속탄금지협약의 성립배경과 국제인도법적 문제

Abstract

This article composed of five parts: historical background on adopting CCM, the basic obligations of CCM, Concepts of International humanitarian Law, the Legal analysis of CCM under International humanitarian Law and Korean Response towards CCM. Cluster munitions have been a persistent humanitarian problem for decades. Although used in only a few dozen armed conflicts over the last forty years, these weapons have killed and injured large numbers of civilians in war-affected countries. Cluster munitions have unique characteristics that make them a grave danger to civilian men, women and children. At the time they are used during conflict, cluster munitions can disperse explosive submunitions (bomblets) over very wide areas, potentially causing very high civilian casualties when especially in populated areas. In addition, a high portion of submunitions fail to explode as intended, leaving a long-term legacy of explosive contamination. Many thousands of civilian men, women and children have been tragically killed and injured by coming into contact with unexploded submunitions. On 16 February 2010 Burkina Faso became the 30th State to deposit its instrument of ratification for the Convention. On 1 August 2010, the Convention will become binding for those States that have already ratified it. It will become binding for other States as and when they ratify it. By adopting and signing the Convention, States have taken a major step towards ending the death, injury and suffering caused by these weapons. States must continue to adhere to the Convention, and all governments, armed forces and armed groups – in particular those who possess and stockpile cluster munitions – must fully implement its provisions. Only then can the international community claim success against the dangers posed by these weapons. Cluster munitions in Lebanon are set to haunt civilians for years to come Lebanon is one of the 107 States that signed the Convention on Cluster Munitions, which entered into force on 1 August 2010. Four years after the five-week conflict in Lebanon between Israel and Hezbollah, unexploded cluster munitions continue to kill and maim civilians. Israel used cluster munitions containing up to four million individual bomblets, of which hundreds of thousands failed to explode on impact. These devices contaminated an area of 43 square kilometres in and around the villages of southern Lebanon. In 2003 Protocol V/CCW(Convention on Conventional Weapons )on explosive remnants of war for ending the death, injury and suffering caused by cluster munition has been adopted. However Protocol V had many problems to tackle the above suffering since it was not enough to meet the needs of victims from cluster munitions. In this context a new independent convention is needed outside the framework of CCW, That is Oslo Process just as Ottawa Convention Process. The Convention on Cluster Munitions is a new treaty outside the framework of CCW to end the suffering caused by cluster munitions. The Convention is an important addition to international humanitarian law. It establishes new rules to ensure that cluster munitions are no longer used and that the existing humanitarian problems associated with these weapons are addressed. Importantly, the Convention has specific provisions which aim to meet the needs of victims and affected communities. Main provisons of CCM:1)The basic obligations of the convention include : A time table to destroy stockpiles; A framework for clearance; Robust provisions on victim assistance. 2)Measures to promote implementation and ensure compliance: states are required to report annually to the UN Secretary-General on a range of matters including the types and numbers of cluster munitions destroyed, the size and location of cluster munition contaminated areas, the status and progress of clearenance programs, the measures taken to provide risk education and warnings, the status of victim assistance programs and the national measures taken to prevent and suppress violations of the convention. In addition, Meetings of States Parties will be held regularly to review the status and operation the Convention. 3)Relations with States not Party to the convention:According to General Principles on the use of weapons(Rule 70), the use of means and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering is prohibited. In its advisory opinion, International Court of Justice(ICJ) affirmed that the prohibition of means methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering was one of the "cardinal principles" of International humanitarian law. This rule has been Customary international humanitarian law. Cluster munitions obviously cause superfluous injury or unnecessary suffering to civilian men, women and children, against the principle of military necessity and the principle of humanity. It means not only violations of CCM but also infringes upon Customary international humanitarian law. The Korean Peninsula is not a safety zone from cluster munitions. South Korea is the second largest exporter of cluster munitions to foreign countries such as Pakistan. Besides, Korea is divided into the South and the north, creating special security situations, on the Korean peninsula. Yet we need the wisdom to turn this worst situations into a good opportunity for bargaining of conventional arms reduction between the two Koreas by making a suggestion of simultaneous accession to the CCM.