Commitment to the Convention on Cluster Munitions

Policy

The Kingdom of Denmark signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 12 February 2010. It was among the first 30 ratifications to trigger entry into force of the convention on 1 August 2010.[1]

Denmark has cited the 2009 parliamentary motion approving ratification under national implementation measures in its Article 7 reports and has indicated that specific implementation legislation is not necessary because penal sanctions for violations of the convention are imposed under the Military Penal Code. The Defence Command has provided instructions on implementation of the convention.[2]

Denmark submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 27 January 2011 and has provided annual updates ever since, most recently on 4 April 2014.[3]

Denmark participated in the Oslo Process that created the Convention on Cluster Munitions and its position shifted significantly to the point that it was able to adopt the convention at the conclusion of the negotiations in Dublin in May 2008.[4] Denmark’s swift ratification of the convention and the early completion of stockpile destruction demonstrate its strong commitment to the convention.

Denmark has continued to actively engage in the work of the Convention on Cluster Munitions since 2008. It has participated in every Meeting of States Parties of the convention, including the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013, where it gave a detailed presentation on its stockpile destruction process.[5] Denmark also highlighted the importance of “continued fruitful cooperation” with the CMC and its Danish members.[6]

Denmark has attended every intersessional meeting of the convention in Geneva, including in April 2014, where it announced the completion of stockpile destruction a month earlier (see section on Stockpile and destruction). Denmark has used its experience in destroying its cluster munitions stockpile ahead of deadline and below budget to urge more nations to accede to the Convention on Cluster Munitions. In September 2013, it said “we have a message to countries hesitating to join…due to financial concerns” and explained that the costs of destroying the stockpile of cluster munitions “turned out to be only 1 EUR per bomblet, which is far less than anticipated.”[7]

Denmark announced the completion of the destruction of its stockpile of cluster munitions on 20 March 2014. In a statement, Minister of Foreign Affairs Martin Lidegaard said the achievement “sends a strong signal to the world” that “cluster bombs are vile, inhumane weapons, which all countries should get rid of as soon as possible.” He said, “Our work does not end here. All states outside the Convention on Cluster Munition[s] must join the convention in order to ensure a total and global ban.” Lidegaard thanked the CMC and pledged that Denmark will continue to work in “close partnership…in our joint efforts towards a world free from cluster bombs.”[8]

Denmark’s Minister of Defence Nicolai Wammen also expressed the government’s commitment to the convention and remarked that “it is a positive and clear signal to the world that Denmark has taken a lead so quickly – over four years early – and completed the destruction of our cluster munitions.”[9]

Denmark first spoke out against Syria’s cluster munition use in October 2012, with a statement by the Minister for Foreign Affairs, that described reports of use as “extremely worrying” and urged the Syrian government to “immediately and fully refrain from using such inhumane and indiscriminate weapons.”[10] In September 2013, an official stated that, “Denmark condemns all use of cluster munitions and calls on all states not parties to the Convention on Cluster Munitions to join the convention…without delay. There are no other solutions to the humanitarian consequences of cluster munitions than a total and universal ban.”[11]

Denmark has voted in favor of UN General Assembly (UNGA) resolutions condemning the Syrian government’s use of cluster munitions, including Resolution 68/182 on 18 December 2013, which expressed “outrage” at Syria’s “continued widespread and systematic gross violations of human rights…including those involving the use of…cluster munitions.”[12]

Danish NGOs have continued to support the Convention on Cluster Munitions. During the World Cup Football tournament in June and July 2014, DanChurchAid undertook a campaign initiative aimed at encouraging Brazil to stop its production and export of cluster bombs and join the Convention on Cluster Munitions.[13]

Interpretive issues

Denmark’s ratification instrument provided the following statement on the prohibition on assistance with prohibited acts during joint military operations: “Article 21 contains a significant provision for States Parties to be allowed to cooperate with states not party to the Convention (interoperability). Regardless of the broad wording of the ban in Article 1, States Parties may continue to participate in military cooperation and operations with States not party to the Convention. However, this access is not unlimited, as a State Party is never allowed to develop or acquire cluster munitions or explicitly request support in the form of cluster munitions in a situation where the State Party has an exclusive control over the choice of the ammunition.”[14]

Denmark has reported that its Defence Command has issued instructions that stipulate “limitations on the possibilities to co-operate with nations who have not signed the convention.”[15]

In July 2013, Denmark’s Ministry of Foreign Affairs informed the Monitor that “according to Article 21 (3), States Parties and their military personnel or nationals are eligible to participate in military cooperation and military operations with States not party to the convention. This does not, however, alter the obligation of States Parties themselves to not stockpile or transfer cluster munitions, as specified by Article 21(4b).”[16]

Denmark has not indicated if it views transit and foreign stockpiling as prohibited by the Convention on Cluster Munitions.

On 27 May 2013, Denmark announced that the government would work toward achieving a ban on investment in cluster munition production and requested that the Danish Council on Social Responsibility provide recommendations on how a legal prohibition on investment in weapons subject to international arms conventions, such as cluster munitions and landmines, could be undertaken.[17] The announcement reversed Denmark’s previous policy articulated in 2010 that opposed a prohibition on investment in companies involved in the production of cluster munitions.[18] In September 2010, the Ministry of Economics and Business Affairs published a “Guide on Responsible Investment” that described mandatory disinvestment as an “emergency solution.”[19]

In September 2013, Denmark informed States Parties that the government was “investigating the possibilities nationally for further engaging private investors in pursuing the objectives of the [Convention on Cluster Munitions]” and said the Council on Social Responsibility had been asked to provide “recommendations on requirements and possibilities to effectively strengthen efforts for responsible investment” in relation to the convention.[20] On 13 March 2014, the Council on Social Responsibility delivered its report on responsible investment and arms conventions, which did not recommend a mandatory prohibition on investment in cluster munitions producers.[21] The Council’s NGO members strongly opposed the lack of support for disinvestment from cluster munitions production.[22]

Denmark is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.

Use, production, and transfer

Denmark has declared that it has not produced cluster munitions.[23] Denmark is not known to have used or exported cluster munitions.

Stockpile destruction

Denmark once possessed a stockpile of 42,181 cluster munitions of three types and 2,452,699 submunitions, as shown in the table below.[24]

Cluster munitions formerly stockpiled by Denmark[25]

* DPICM = dual purpose improved conventional munition

Under Article 3 of the Convention on Cluster Munitions, Denmark was required to declare and destroy all stockpiled cluster munitions under its jurisdiction and control as soon as possible, but no later than 1 August 2018.

Denmark announced that the completion of the stockpile destruction on 20 March 2014, more than four years in advance of the treaty-mandated deadline.[26] Denmark informed states of the completion of stockpile destruction at the intersessional meetings in April 2014.[27]

Denmark also declared the completion of stockpile destruction in its April 2014 Article 7 report. According to the report, the DM642 and DM662 155mm artillery projectiles were destroyed by the Danish company DENEX at its facility in Frederikshavn through a process of disassembly and incineration that was completed on 13 December 2013. The Mk-20 Rockeye cluster bombs were transferred to Spain where they were destroyed by Spanish company EXPAL at its facility in a process that was completed on 24 January 2014. The Article 7 report annexes copies of certificates of destruction from DENEX and EXPAL and included detailed flow charts showing how the destruction process was undertaken as well as the safety and environmental standards observed.[28]

Denmark has estimated the total cost of destruction at approximately €2.3 million, which equates to less than €1 per bomblet.[29] This is significantly lower than the initial destruction estimate provided in 2009 of up to DKK250 million (US$46.7 million).[30]

Retention

In May 2013 and April 2014, Denmark declared that it is retaining a total of 3,634 submunitions for training and research purposes permitted under the convention: 1,800 DM1383 and 1,834 DM1385 DPICM submunitions (the submunitions were removed from 155mm artillery projectiles).[31] The amount is significantly lower than the estimated number of cluster munitions that Denmark previously said would be retained.[32] Denmark has stated that the retained submunitions have been separated from their shells and stored in carbon tubes and, as such, are not operational.[33]

According to the April 2014 report, no submunitions were consumed in the course of training in 2013.[34]

Contamination and Impact

Mines

The Kingdom of Denmark has been affected by antipersonnel mines left from World War II. In 1944, the entire Skallingen Peninsula in Jutland on the Danish west coast was mined with antipersonnel and antitank mines.[1] One minefield was remaining on the peninsula. In 1945–1947, large parts of the minefield were cleared, but due to significant difficulties with the clearance and quality control of mainly dune and salt marsh areas, a part of the mined area had been fenced and left uncleared.[2]

The affected area of the Skallingen Peninsula, as of entry into force of the Mine Ban Treaty for Denmark on 1 March 1999, comprised a total of 1.86km², initially identified from German mine records as well as markings established by mine clearance teams in 1947. For operational purposes the suspected mined area was divided into three areas called Area 1, Area 2, and Area 3. The first two areas were cleared by contractors in 2006–2008.[3] In December 2012, Denmark announced it completed clearance in Area 3 and declared Denmark mine free.[4]

Mine Action Program

The Ministry of Transport was responsible for clearance activities on Skallingen. The project was organized under the Danish Coastal Authority, with the authorization to task and coordinate civil contractors and to manage projects.[5]

Land Release

From 2006–2012, Denmark cleared 1,860,000m² while finding 3,098 antipersonnel mines, 259 antivehicle mines, and a collective total of 554 unexploded ordnance and explosive remnants of war.

Mined areas cleared on the Skallingen Peninsula: 2006–2012

Compliance with Article 5 of the Mine Ban Treaty

Under Article 5 of the Mine Ban Treaty and in accordance with its second extension request which was granted by the Tenth Meeting of States Parties in 2010, Denmark was required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 July 2012.

In 2008, Denmark presented a first request for an extension of 22 months until 1 January 2011.[6] On 18 June 2010, Denmark submitted a second extension request, seeking an additional 18 months to enable it to complete mine clearance operations.[7] In December 2010, the Tenth Meeting of States Parties granted Denmark’s request for a second extension to its Article 5 deadline, until 1 July 2012.[8] In granting the request, it was noted at the meeting that Denmark had “complied with the commitments it had made, as recorded in the decisions of the Ninth Meeting of States Parties, to obtain clarity regarding the remaining challenge, produce a detailed plan and submit a second extension request.” In June 2011, Denmark stated that 310,000m² of area was still to be cleared from the World War II minefield on the Skallingen peninsula and again affirmed that the remaining area would be cleared by its July 2012 deadline or before. It noted, however, that clearing the dunes has been “challenging.” In May 2012, Denmark reported that although clearance would be complete by its deadline, quality control measures would likely take several months beyond that.[9] On 28 November 2012, Denmark declared it completed clearance on the Skallingen Peninsula and was in compliance with Article 5.[10]

In 2012, the Kingdom of Denmark contributed DKK50.3 million (US$8,685,002)[1] in mine action funding to six countries, the ICRC, and the UN Mine Action Service. As in previous years, the largest contribution (DKK16.5 million/$2.8 million) went to Afghanistan. Denmark also contributed DKK6 million ($1.03 million) to Somalia.

Contributions by recipient: 2012[2]

Denmark allocated 68% of its mine action support in 2012 for clearance activities. As in 2011, all of its contribution of DKK5 million ($863,230) for victim assistance went to the ICRC; this accounted for 10% of Denmark’s total contribution to mine action.

Contributions by thematic sector: 2012

Denmark’s contribution to mine action in 2012 in Danish Krona was similar to 2011. In 2008–2012, Denmark’s contribution for mine action totaled almost DKK292 million (approximately $54 million), with an annual contribution averaging approximately DKK58 million ($10.8 million).

Summary of contributions: 2008–2012[3]

N/A = not applicable