Austria

Last Updated: 12 August 2014

Cluster Munition Ban Policy

Commitment to the Convention on Cluster Munitions

Convention on Cluster Munitions status	State Party
National implementation measures	Federal Act on the Prohibition of Cluster Munitions, 2008
Stockpile destruction	Completed destruction on 8 November 2010
Participation in Convention on Cluster Munitions meetings	Attended Fourth Meeting of States Parties in Lusaka, Zambia in September 2013 and intersessional meetings in Geneva in April 2014
Key developments	Submitted an updated Article 7 report in April 2014

Policy

The Republic of Austria signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 2 April 2009. Austria was among the first 30 ratifications to trigger the convention’s entry into force on 1 August 2010.

In December 2007, Austria became the second country after Belgium to pass national legislation on cluster munitions when it passed the Federal Act on the Prohibition of Cluster Munitions, which entered into force on 8 January 2008.[1] The law prohibits “the development, production, acquisition, sale, procurement, import, export, transit, use and possession of cluster munitions” in Austria and requires the destruction of stockpiled cluster munitions within three years.[2]

Austria submitted its initial Article 7 report for the Convention on Cluster Munitions on 26 January 2011 and provided annual updated reports in 2012, 2013, and April 2014.[3]

As a member of the small core group of nations that steered the Oslo Process to its successful conclusion, Austria played a crucial leadership role in securing the Convention on Cluster Munitions, including by hosting a key meeting of the Oslo Process in Vienna in December 2007. During the formal negotiations of the convention in Dublin in May 2008, Austria played a vital role in securing acceptance of the convention’s groundbreaking provisions on victim assistance.[4]

Austria continued to play a leadership role in the work of the Convention on Cluster Munitions. It has attended every Meeting of States Parties of the convention, including the convention’s Fourth Meeting of States Parties in Lusaka, Zambia in September 2013. It has participated in all of the convention’s intersessional meetings in Geneva, including those held in April 2014.

Austria has remained committed in its efforts to promote universalization of the convention. In September 2013, Austria informed States Parties that it continues to use “every appropriate occasion at bilateral and multilateral levels” to promote the convention.[5] At the UN General Assembly’s (UNGA) First Committee on Disarmament and International Security in October 2013, Austria called on all states that have not yet done so to join the Convention on Cluster Munitions, emphasizing its “critical role in strengthening the normative framework for the protection of civilians.”[6]

Austria has been a strong defender of the emerging international norm against any use of cluster munitions that the convention seeks to establish. In recent years, Austria has consistently and strongly condemned or expressed concern at reports of cluster munition use in Cambodia, Libya, Sudan, and Syria.[7] Austria was the first country to express concern at Syria’s cluster munition use, raising the topic when the first reports emerged.[8] It has since condemned Syria’s use of cluster munitions on numerous occasions at the ministerial level to numerous forums including the European Union, the UNGA First Committee on Disarmament and International Security, and meetings of the Convention on Cluster Munitions.[9] Austria has also voted in favor of recent UNGA resolutions condemning the Syrian government’s cluster munition use, including Resolution 68/182 on 18 December 2013, which expressed “outrage” at Syria’s “continued widespread and systematic gross violations of human rights” including the use of cluster munitions.[10]

Austria has been a champion of the convention’s provisions on victim assistance and has served as a coordinator of the convention’s working group on victim assistance. It is also a strong supporter of the partnership between governments, international organizations, and civil society which underpins the convention, describing partnership as “crucial for the convention to maximize its potential.”[11]

CMC-Austria, which is coordinated by Austrian Aid to Mine Victims, has continued to campaign in support of the Convention on Cluster Munitions. Austria has continued to provide financial support to the work of the CMC to promote the convention’s universalization and implementation.[12]

Interpretive issues

Austria has declared its views on a number of issues important to the interpretation and implementation of the convention, including the prohibition on assistance with prohibited acts, and the prohibition on transit and foreign stockpiling.

In Austria’s view, the “transit of cluster munitions across or foreign stockpiling of cluster munitions on the national territory of States Parties is prohibited by the Convention. In this regard Article 1 paragraph b is of particular interest as it states a clear prohibition of transferring as well as stockpiling cluster munitions. Should a State Party to the Convention allow a foreign state to stockpile cluster munitions on its territory, this action would be in violation with the provision entailed in Article 1 paragraph c that prohibits assistance ‘to engage in any activity prohibited to a State Party.’”[13] Austria’s national law specifically prohibits transit of cluster munitions.[14]

On Article 21 (relations with states not party) or “interoperability,” Austria has stated that the article “leaves room for some interpretation, especially as to paragraph 4. The whole question of interoperability is one that…Austria has always accorded concern.”[15] During the Oslo Process, Austria stated that it has a national penal law that acts as a filter to protect service people from unjust prosecutions in instances where others may use cluster munitions. Austria said it was possible that in the future it might not be able to participate, or may consciously choose not to participate, in joint military operations where cluster munitions might be used.[16]

In 2012, Austria underlined that “all State Parties are obliged to undertake best efforts to discourage States from using cluster munitions” and said that “exceptions in national legislation with respect to interoperability clauses risk to run counter to the object and purpose of the Convention.”[17]

Austria’s Federal Act on the Prohibition of Cluster Munitions does not explicitly prohibit investment in the production of cluster munitions.

Use, production, and transfer

Austria has confirmed that it has never used, produced, or transferred cluster munitions.[18] Austria has declared that it has no cluster munition production facilities.[19]

Austria purchased DM632 artillery projectiles containing M85 submunitions from Israel Military Industries in 1998 and 1999 for €10.44 million (US$14.3 million).[20]

Stockpile destruction

Austria has declared stockpiling a total of 12,669 cluster munitions and 798,147 submunitions in the past.

Austria’s national law required destruction of its stockpile within three years, by January 2011.[21] In November 2010, Austria completed the destruction of its stockpile of 12,672 155mm DM632 artillery projectiles and 798,336 M85 submunitions.[22] The bulk of the cluster munitions were destroyed from February to November 2010 by a company in Lachiano, Italy through a process of dismantling, recycling, and incineration of the explosive materials.[23]

Prior to entry into force, in February 2010 the Austrian Armed Forces destroyed three 155mm DM632 artillery projectiles containing 189 submunitions during a dismantling and destruction test in Felixdorf, Austria.[24]

Retention

Austria has declared that it does not retain any cluster munitions for training or research purposes.[25]

[1] The National Council and the Federal Council enacted the law on 6 and 20 December 2007, respectively, and it entered into force on 8 January 2008. On 12 March 2009, the Austrian National Council approved a motion amending the law to bring its definition of cluster munitions in line with the definition contained in the convention. A second motion authorized ratification of the convention. On 26 March, the Federal Council assented to both motions.

[2] “Federal Act on the Prohibition of Cluster Munitions” (“Bundesgesetz über das Verbot von Streumunition”), GP XXIII RV 232 AB 350 S. 42. BR: AB 7873 S.751, Bundesgesetzblatt für die Republik Österreich, Bundeskanzleramt Rechtsinformationssystem [Federal Law Gazette for the Republic of Austria, Federal Chancellery Legal Information System], 7 January 2008.

[3] The initial report covers calendar year 2010, while the 24 April 2012 report is for calendar year 2011, the April 2013 report covers calendar year 2012, and the April 2014 report covers calendar year 2013.

[4] For details on Austria’s policy and practice regarding cluster munitions through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 35–38. During the First Meeting of States Parties to the Convention on Cluster Munitions at a reception hosted by the Austrian government in honor of civil society, CMC-Austria launched a publication report on the history of the parliamentary and legislative process in Austria towards the ban on cluster munitions. See, CMC-Austria, “Banning Cluster Munitions: The Austrian Process: An NGO Perspective,” 11 November 2010.

[5] Statement by Robert Gerschner, Minister Plenipotentiary, Department for Disarmament, Nonproliferation, and Arms Control, Federal Ministry for European and International Affairs, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 10 September 2013.

[6] Statement by Amb. Alexander Kmentt, Director, Department for Disarmament, Nonproliferation, and Arms Control, Federal Ministry for European and International Affairs, UNGA First Committee on Disarmament and International Security, New York, 68^th Session, 14 October 2013.

[7] Federal Ministry for European and International Affairs press release, “Foreign Minister Spindelegger condemns use of cluster munitions in Sudan,” Vienna, 5 June 2012; and Federal Ministry for European and International Affairs press release, “Foreign Minister Spindelegger condemns deployment of cluster munitions,” 18 April 2011.

[8] Federal Ministry for European and International Affairs press release, “Spindelegger: ‘Requesting urgent clarification on the use of cluster munitions in Syria’” (“Spindelegger: ‘Fordere dringende Aufklärung über die Verwendung von Streumunition in Syrien’”), 13 July 2012; and statement of Austria, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 13 September 2011.

[9] On 15 October 2012, Austria’s Foreign Minister, Michael Spindelegger, issued a statement calling on Syria to cease using this banned weapon and join the Convention on Cluster Munitions. At a European Union meeting in October 2012, Austria’s State Secretary for Foreign Affairs, Reinhold Lopatka, said, “We most strongly condemn the use of cluster munitions by the Syrian army against its own civilian population.” At the UNGA First Committee on Disarmament and International Security in November 2012, Austria reiterated its “grave concern” at Syria’s reported cluster munition use. At the intersessional meetings in April 2013, Austria said that it was “deeply concerned” at the reports of “continued and increased use of cluster munitions in Syria during recent months.” See Foreign Minister press statement, “Spindelegger on Syria: ‘Use of cluster munitions would be a blatant violation of human rights’” (“Spindelegger zu Syrien: ‘Einsatz von Streumunition wäre eklatante Menschenrechtsverletzung’”), 15 October 2012; Federal Ministry for European and International Affairs press statement, “Lopatka: ‘Syria’s neighbouring countries need EU support in dealing with refugees,’” 15 October 2012, statement by Amb. Kmentt, UNGA First Committee on Disarmament and International Security, New York, 1 November 2012; statement of Austria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 18 April 2013; and statement by Robert Gerschner, Federal Ministry for European and International Affairs, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 10 September 2013.

[10] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/68/182, 18 December 2013.. Austria voted in favor of a similar resolution on 15 May 2013.

[11] Statement by Robert Gerschner, Federal Ministry for European and International Affairs, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 10 September 2013.

[12] Convention on Cluster Munitions Article 7 Report, Form J, undated, but April 2014.

[13] Letter from Amb. Nikolaus Marschik, Federal Ministry for European and International Affairs, 9 March 2009, italics in the original.

[14] “Federal Law on the Prohibition on Cluster Munitions” (“Bundesgesetz über das Verbot von Streumunition”), sec. 2. An unofficial English translation of Austria’s law specifically uses the word “transit.”

[15] Letter from Amb. Marschik, Federal Ministry for European and International Affairs, 9 March 2009.

[16] Statement of Austria, Wellington Conference on Cluster Munitions, 19 February 2008. Notes by the CMC. Austria affirmed that its 40-year tradition of active participation in UN peacekeeping missions would be unaffected by the convention. After the entry into force of its national law, Austria continued to participate in UN operations, however, it now looked at missions more carefully and requested its partners not to use cluster munitions.

[17] Statement of Austria, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 11 September 2012.

[18] Letter from Amb. Marschik, Federal Ministry for European and International Affairs, 9 March 2009.

[19] Austria reported “not applicable” in forms D (Technical characteristics of cluster munitions produced/owned or possessed) and E (Status and progress of programmes for conversion or decommissioning of production facilities). Convention on Cluster Munitions Article 7 Report, Forms D and E, 26 January 2011. In its second, third, and fourth Article 7 reports, Austria left forms D and E blank. Convention on Cluster Munitions Article 7 Reports, Forms D and E, undated, but April 2014; undated, but April 2013; and 24 April 2012.

[20] The Austrian term for the cluster munitions is “Hohlladungssprengkörpergranaten 92.” See email from Wolfgang Banyai, Department for Arms Control and Disarmament, Ministry for European and International Affairs, 22 July 2011; reply by Minister of Defence Norbert Darabos to the Parliamentary Questions (723/J) submitted by Member of Parliament Caspar Einem and colleagues and addressed to the Minister of Defence concerning the procurement of cluster munitions (Cluster Bombs and Howitzergrenades) by the Austrian Armed Forces, 26 June 2007. Average exchange rates for 2010: €1=US$1.3261; for 2009: €1=US$1.3935; for 2008: €1=US$1.4726; for 2007: €1=US$1.3711. US Federal Reserve, “List of Exchange Rates (Annual),” 6 January 2011.

[21] “Federal Law on the Prohibition on Cluster Munitions” (“Bundesgesetz über das Verbot von Streumunition”), sec. 4. In June 2009, Austria stated that a tendering process had been launched with destruction to be completed in 2010. Statement of Austria, Berlin Conference on the Destruction of Cluster Munitions, 25 June 2009. Notes by Action on Armed Violence (AOAV).

[22] Convention on Cluster Munitions Article 7 Reports, Form B, April 2014; April 2013; 24 April 2012; 26 January 2011; Letter GZ.BMeiA-AT.2.07.41/0055-II.8b/2010 from Amb. Marschik, to Judith Majlath, CMC-Austria, 29 July 2010; Letter No. BMeiA-AT.2.07.41/0021-II.8b/2011 from Amb. Kmentt, Ministry for European and International Affairs to Mary Wareham, Human Rights Watch (HRW), 21 April 2011; and email from Wolfgang Banyai, Ministry for European and International Affairs, 22 July 2011.

[23] Email from Wolfgang Banyai, Ministry for European and International Affairs, 22 July 2011.

[24] Convention on Cluster Munitions Article 7 Report, Form B, 26 January 2011.

[25] In its Article 7 reports, Austria has stated “not applicable” on Form C on cluster munitions retained for training and research purposes. Convention on Cluster Munition Article 7 Reports, Form C, 26 January 2011, 4 April 2012, April 2013, and April 2014. See also Letter No. BMeiA-AT.2.07.41/0021-II.8b/2011 from Amb. Kmentt, Ministry for European and International Affairs to Mary Wareham, HRW, 21 April 2011.