Liechtenstein
Cluster Munition Ban Policy
Commitment to the Convention on Cluster Munitions
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Convention on Cluster Munitions status |
State Party |
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National implementation legislation |
2013 amendments to the Law on Brokering in War Material. Switzerland’s Federal Law on War Material applies under Liechtenstein’s Customs Union Treaty with Switzerland |
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Participation in Convention on Cluster Munitions meetings |
None since 2009 |
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Key developments |
Became a State Party on and 1 September 2013 and provided initial transparency report on 20 March 2014 |
Policy
The Principality of Liechtenstein signed the Convention on Cluster Munitions on 3 December 2008, ratified on 4 March 2013, and the convention entered into force for the country on 1 September 2013.
Under national implementation measures, Liechtenstein has declared that “Due to the Customs Union Treaty between Liechtenstein and Switzerland, the development, manufacture, purchase, acquisition, transfer, import, export, transport, and stockpiling or possession of cluster munitions is governed by Swiss legislation in Liechtenstein.”[1] Liechtenstein also lists an amendment to Liechtenstein’s Law on Brokering in War Material, which took effect on 1 September 2013.[2]
Liechtenstein submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 20 March 2014.[3]
Liechtenstein participated in the Oslo Process that created the convention.[4] It attended a conference on cluster munition stockpile destruction in Berlin in June 2009, but has not attended any meetings of the Convention on Cluster Munitions, such as the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013.
Liechtenstein announced its ratification of the Convention on Cluster Munitions at the United Nations General Assembly (UNGA) First Committee on Disarmament and International Security in October 2013 and emphasized that its “domestic legislation goes beyond what is required by the Convention and also prohibits the funding of cluster munitions, both directly and indirectly.”[5]
Liechtenstein has voted in favor of recent 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.”[6]
Liechtenstein has not yet provided its views on a number of interpretive matters relating to the convention, including the transit of cluster munitions across, or foreign stockpiling of cluster munitions on, the national territory of States Parties. Liechtenstein has not made an explicit statement explaining its views on the prohibition on assistance with acts prohibited under the convention, including the use of cluster munitions in joint military operations. Under the Swiss legislation applicable in Liechtenstein, “assistance or encouraging” is a violation of the Convention on Cluster Munition’s core prohibitions.[7]
The amendment to Liechtenstein’s Law on Brokering in War Material expressly prohibits “brokering and direct, as well as indirect, financing of cluster munitions.”[8]
Liechtenstein is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Use, production, transfer, and stockpiling
Liechtenstein’s Article 7 report declares no production facilities or stockpiled cluster munitions and confirms that there are no areas contaminated by cluster munitions in the country.[9] Previously, Liechtenstein stated that it has never used, produced, transferred, or stockpiled cluster munitions.[10]
[1] The Swiss national implementation law for the Convention on Cluster Munitions includes penal sanctions for violations of the convention of up to 10 years imprisonment and/or a fine for intentional violations and up to one year imprisonment and/or a fine for negligence. It applies to both explosive bomblets and cluster munitions. Under the Swiss legislation applicable in Liechtenstein, “assistance or encouraging” is a violation of the Convention on Cluster Munition’s core prohibitions. Under Article 7(a) of Liechtenstein’s amended Law on Brokering in War Material, it is prohibited: (a) to “broker” cluster munitions or to have them under one’s command/control, (b) to tempt someone to act against the clause/provision (“letter”) (a), and (c) to promote an action according to clause/provision (“letter”) (a). See Article 7 Report, Form A, 20 March 2014; and letter from Christine Stehrenberger, Office for Foreign Affairs to Mary Wareham, Human Rights Watch (HRW), 28 May 2013.
[2] The Liechtenstein Law on Brokering in War Material was published in the Liechtenstein Law Gazette No. 197 of 2013 (in Germany only).
[3] No time period is indicated other than “initial report.”
[4] For details on Liechtenstein’s cluster munition policy and practice through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), p. 109.
[5] Statement of Liechtenstein, UNGA First Committee on Disarmament and International Security, New York, 11 October 2013.
[6] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/68/182, 18 December 2013. Liechtenstein voted in favor of a similar resolution on 15 May 2013.
[7] Letter from Christine Stehrenberger, Office for Foreign Affairs to Mary Wareham, HRW, 28 May 2013.
[8] According to Liechtenstein’s initial Article 7 report, under the law’s Article 7b “the following acts are considered as direct financing: the direct the direct extension of credits, loans and donations or comparable financial benefits to cover the costs of or to promote the development, manufacturing or the acquisition of prohibited war material.” Liechtenstein goes on to state that, “Article 7c defines indirect financing as the participation in companies that develop, manufacture or acquire forbidden war material as well as the purchase of bonds or other investment products issued by such companies. According to article 29b violations of article 7b or 7c shall be punished with imprisonment up to 5 years.” Article 7 Report, Form A, 20 March 2014; and Liechtenstein Law on Brokering in War Material, Liechtenstein Law Gazette No. 197, 2013.
[9] Liechtenstein stated “N/A” for not applicable on the relevant forms and stated “There are no cluster munitions contaminated areas in Liechtenstein.” Convention on Cluster Munitions Article 7 Report, Forms B, C, D, E, and F, 20 March 2014.
[10] Letter from Amb. Norbert Frick, Permanent Mission of Liechtenstein to the UN in Geneva, 7 April 2010; and email from Esther Schindler, Office for Foreign Affairs, 26 May 2011.