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Call for redressing the consequences of cluster bomb use in the Lebanon war and for an international ban on cluster bombs

We, the European Green Parties,

Alarmed by the extensive use of cluster munitions by the Israel Defense Forces (IDF) in Southern Lebanon in the recent war between Israel and Hezbollah, admitted by the IDF on 22 August 2006, and by Hezbollah's extensive use of weapons against civilians in Israel, including rockets designed to inflict maximum civilian damage, reported by Amnesty International on 14 September 2006,

Considering that the IDF's particularly heavy use of cluster munitions in the last 72 hours of the armed conflict - an estimated 90% of total use - was criticized by UN Emergency Relief Coordinator Jan Egeland, on 29 August 2006,

Considering that human rights organizations such as Human Rights Watch and Amnesty International have criticized the IDF's use of cluster munitions in populated areas as potentially violating international humanitarian law, which obliges states to maintain the distinction between civilians and combatants at all times, and prohibits indiscriminate attacks,

Considering that according to the UN Mine Action Co-ordination Centre, an estimated 100,000 unexploded bomblets from cluster bombs remain on Lebanese territory, which continue to endanger the lives of Lebanese civilians, particularly children who are attracted by the small and colourful duds, as well as aid workers and peacekeeping troops, and which will require substantial financial resources for clearance,

Having regard to the European Parliament's resolution of 12 october on cluster munitions (P6_TA(2004)0048),

Having regard to the ongoing investigation of a UN expert team, begun on 23 September 2006, into Israel's use of weapons in the war, its consequences, and its conformity with international law,

Having regard to Protocol V on Explosive Remnants of War to the Convention on Certain Conventional Weapons (CCW), which defines states' obligations for the clearance of unexploded ordnance, and which has only been ratified by 16 states, including 9 EU and/or NATO member states. 

Having regard to the Third CCW Review Conference which will take place in Geneva from 7-17 November 2006, and underlining the demand in this context by a number of states, as well as by the non-governmental "Cluster Munition Coalition" to open negotiations on a CCW protocol to ban cluster munitions,

Concerned about the fact that cluster munitions are still produced, exported and stockpiled, and have been used in recent conflicts, by a number of EU and NATO member states,

Considering and welcoming that Belgium has banned the production, stockpiling, transfer and use of all cluster munitions by law as of February 2006, and that legislative initiatives related to cluster bombs are currently being considered in a number of EU and NATO member states, while only few of these initiatives appear likely to produce total bans on all types of cluster munitions,

Therefore

1. Call on the UN to conduct a comprehensive investigation of weapons use in violation of international humanitarian law by both the IDF and the Hezbollah militias, as demanded by Amnesty International on 14 September 2006;

2. Call on both Israel and Hezbollah to cooperate fully with ongoing and future UN investigations, to support weapons clearance efforts by providing information (including maps) about the sites of cluster bomb strikes, and by taking financial responsibility for the clearance of weapons and for the post-conflict rehabilitation of civilian victims.

3. Reaffirm that cluster munitions are inhumane and indiscriminate weapons which inflict excessive damage on civilians both through their impact at the time of attack, and through the post-conflict contamination of areas with unexploded ordnance, that such contamination also threatens the economic and social development of affected countries, and that "technical solutions" such as lowering the failure rates of bomblets are inadequate responses to the problem. 

4. Call on EU member states, Israel, and all CCW state parties to immediately sign and ratify the CCW's Protocol V on Explosive Remnants of War.

5. Call on EU member states to adopt a Common Position setting out their objectives to be pursued at the CCW Review conference, including a clear statement of their intention to seek a mandate for negotiating a complete and unambiguous ban on the production, stockpiling, transfer and use of all cluster munitions as an additional protocol to the CCW.

6. Call on the Presidency and Commission to define concrete objectives and programmes for supporting post-conflict rehabilitation of societies and individuals affected by such weapons.

7. Call on EU and NATO member states, as well as on all member states of the United Nations, to adopt national legislation outlawing the production, stockpiling, transfer and use of all cluster.

8. Call on private banks and public authorities to stop their investments in those companies which produce cluster munitions.

9. In the perspective of a total ban, call on the members of the EU and NATO to openly declare that cluster munitions will not be used in any international operation by forces under their command.

10. Call on all European Green parties to take political initiatives and support campaigns to strengthen the demands put forward in this resolution.

Adopted AtGeneva 2006
Date16 Oct 2006

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