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Austria

Last Updated: 05 September 2012

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 Second Meeting of States Parties in Beirut, Lebanon in September 2011 and intersessional meetings in Geneva in April 2012

Key developments

Submitted annual updated Article 7 report in April 2012

Policy

The Republic of Austria signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 2 April 2009. It 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 annual updated Convention on Cluster Munitions Article 7 report on 24 April 2012, covering the 2011 calendar year.[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]

In 2011 through the first half of 2012, Austria continued to play a leadership role in the work of the Convention on Cluster Munitions. Austria participated in the convention’s Second Meeting of States Parties in Beirut, Lebanon in September 2011 and intersessional meetings in Geneva in June 2012. At both meetings, Austria chaired sessions on victim assistance in its capacity as co-coordinator on victim assistance with Bosnia and Herzegovina. Austria also made statements on transparency reporting and the architecture of the convention.[5]

Promotion of the convention

Austria has continued to promote universalization of the convention. At the UN General Assembly’s First Committee on Disarmament and International Security in October 2011, Austria welcomed progress on the universalization of the convention and called for the full implementation of the convention’s provisions.[6] In April 2012, Austria stated that it is exploring “all appropriate opportunities at the bilateral level as well as in multilateral settings” to promote the ban convention.[7]

At the Second Meeting of States Parties in September 2011, Austria described the partnership between governments, the ICRC, international organizations, and civil society in promoting the convention as critical to achieving success in its universalization. It also emphasized survivor participation in the work of the convention, stating that it is “particularly grateful for the presence of survivors of cluster munitions…to help us on not losing sight of the humanitarian perspective of our work.”[8]

At the convention’s Second Meeting of States Parties, Austria expressed concern at recent “disturbing cases of use of cluster munitions” and said “it is important for us as States Parties to speak out strongly against any action contrary to the core principles of the Convention.”[9] In July 2012, Austria’s Minister of Foreign Affairs Michael Spindelegger expressed deep concern at reports of cluster munition use by the Syrian government and issued a “call for the Assad regime to clarify the allegations of the use of cluster munitions immediately,” noting, “If these inhumane weapons have been used, their use must be discontinued immediately.”[10] On 5 June 2012, following reports of the use of cluster munitions in the South Kordofan, the foreign minister urged the “parties to the conflict to cease this practice immediately and to protect the civilian populations from death or harm by these inhumane and cruel weapons.” In April 2011, the foreign minister expressed grave concern over the use of cluster munitions in the Thai-Cambodia border clashes in February 2011, as well as cluster munition use in Libya.[11]

CMC-Austria, which is coordinated by Austrian Aid to Mine Victims, has continued to campaign in support of the Convention on Cluster Munitions.

Convention on Conventional Weapons

Austria is party to the Convention on Conventional Weapons (CCW) and played a crucial role in 2011 as part of a group of Convention on Cluster Munitions States Parties and signatories that opposed the creation of a CCW protocol permitting continued use of cluster munitions.

At the outset of the CCW’s Fourth Review Conference in November 2011, Austria said that it supported efforts to reach consensus on establishing “meaningful intermediate steps that amount to true added value in addressing the humanitarian problems caused by cluster munitions” but cautioned that any CCW protocol adopted on cluster munitions must be “fully complementary to and compatible with – both in spirit and letter – the [Convention on Cluster Munitions].”[12] Austria expressed serious reservations that the proposed protocol would bring about “a legitimization of vast quantities of cluster munitions” and create an “adverse precedent” for international humanitarian law “by establishing an alternate and weaker international norm on cluster munitions.”[13]

Austria, together with Norway and Mexico, provided an alternate draft text for a draft protocol on cluster munitions that it said was intended as a “constructive proposition” to offer “a meaningful and CCM-compatible outcome for the CCW.”[14] Austria expressed serious concerns about the CCW negotiation process, stating that the approach to develop the chair’s draft text on a possible protocol was “flawed” because concerns raised repeatedly by Austria and other governments have “consistently been ignored.”[15] During the negotiations, Austria also expressed concern about lack of transparency stating, “We are now in a serious negotiating phase so non-attribution [of proposals] is not conducive to transparency.”[16]

On the eve of conclusion of the Review Conference, Austrian Minister of Foreign Affairs Spindelegger issued a press statement warning that the “achievement” of the Convention on Cluster Munitions “is currently in danger at the ongoing negotiations in Geneva.” Spindelegger said, “Austria is determined to protect the International Humanitarian Law standard of the 2008 prohibition of cluster munitions. Austria welcomes intermediate humanitarian steps by states not yet ready to join the Convention on Cluster Munitions. These steps, however, cannot undermine the existing ban let alone result in an international legal legitimization of the use of cluster munitions.”[17]

On the final day of the conference, Austria was one of 50 countries that endorsed a joint statement declaring that the Chair’s draft protocol text did not have consensus and did not address fundamental humanitarian concerns.[18] The Review Conference concluded without agreement on a protocol or further proposals to continue negotiations in 2012, thus concluding the CCW’s work on cluster munitions.

Interpretive issues

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

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.’[19] Austria’s national law specifically prohibits transit of cluster munitions.[20]

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.”[21] 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.[22]

In September 2011, Austria urged States Parties to “speak out strongly against any action contrary to the core principles of the Convention” and called on them to “be mindful” of their obligation under the ban convention to “discourage in every way possible all use, development, production, stockpiling and transfer of cluster munitions.”[23]

The Federal Act on the Prohibition of Cluster Munitions does not explicitly prohibit investment in the production of cluster munitions. In April 2011, the Ministry for European and International Affairs said that it was in the process of reviewing the issue of prohibiting investment in the production of cluster munitions.[24]

Use, production, and transfer

In March 2009, Austria confirmed that it has “never used, produced, or transferred cluster munitions.” In its initial Article 7 report, Austria reported no production facilities.[25]

Stockpile destruction

Austria’s national law required destruction of its stockpile within three years, by January 2011.[26] On 8 November 2010, Austria completed the destruction of its entire stockpile of cluster munitions.[27] Austria destroyed a total of 12,672 155mm DM632 artillery projectiles containing 798,147 M85 submunitions through an Italian company contracted in September 2009.[28]

Austria had purchased the cluster munition projectiles from Israel Military Industries.[29] In June 2007, the Minister of Defense told Parliament that the “Hohlladungssprengkörpergranaten 92,” which is the name given nationally for the DM632 projectiles, were procured in 1998 and 1999 for €10.44 million (US$14.3 million).[30]

The Ministry for European and International Affairs has stated that “Austria does not retain any cluster munitions for training or research purposes.”[31]

 



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

[3] Austria submitted its initial Convention on Cluster Munitions Article 7 report on 27 January 2011, covering the period from 1 January to 31 December 2010.

[4] For detail 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 of Austria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 18 April 2012; Statement of Austria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 19 April 2012; and Statement by Amb. Alexander Kmentt, Director, Arms Control, Disarmament, and Non-Proliferation, Federal Ministry for European and International Affairs, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 13 September 2011, http://www.clusterconvention.org/files/2011/09/statement_austria.pdf.

[6] Statement by Amb. Alexander Kmentt, UNGA First Committee on Disarmament and International Security, New York, 18 October 2011.

[7] Statement of Austria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 16 April 2012.

[8] Statement by Amb. Alexander Kmentt, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 13 September 2011, http://www.clusterconvention.org/files/2011/09/statement_austria.pdf.

[9] Ibid.

[10] Federal Ministry for European and International Affairs press release, “Fordere dringende Aufklärung über die Verwendung von Streumunition in Syrien” (“Requesting urgent clarification on the use of cluster munitions in Syria”), 13 July 2012, http://bit.ly/N6w7Kl.

[11] Federal Ministry for European and International Affairs press release, “Foreign Minister Spindelegger condemns deployment of cluster munitions,” 18 April 2011.

[12] Statement of Austria, CCW Fourth Review Conference, Geneva, 14 November 2011, http://www.unog.ch/80256EDD006B8954/(httpAssets)/B7B6E23981C7ACC6C125795700464209/$file/4thRevCon_AUSTRIA.pdf.

[13] Ibid. See also: statement by Amb. Alexander Kmentt, UNGA First Committee on Disarmament and International Security, New York, 18 October 2011.

[14] Statement of Austria, CCW Fourth Review Conference, Geneva, 14 November 2011, http://www.unog.ch/80256EDD006B8954/(httpAssets)/B7B6E23981C7ACC6C125795700464209/$file/4thRevCon_AUSTRIA.pdf.

[15] Ibid.

[16] Statement of Austria, CCW Fourth Review Conference, Geneva, Geneva, 17 November 2011.

[17] Federal Ministry for European and International Affairs press release, “Spindelegger: “Österreich wird einer Verwässerung des Streumunitionsverbots nicht zustimmen,” 25 November 2011, http://www.bmeia.gv.at/aussenministerium/pressenews/presseaussendungen/2011/spindelegger-oesterreich-wird-einer-verwaesserung-des-streumunitionsverbots-nicht-zustimmen.html.

[18] Joint Statement read by Costa Rica, on behalf of Afghanistan, Angola, Austria, Bolivia, Burkina Faso, Chile, Colombia, Congo, Costa Rica, Democratic Republic of Congo, Denmark, Djibouti, Ecuador, El Salvador, Ghana, Guatemala, Guinea, Guinea-Bissau, Haiti, Holy See, Honduras, Iceland, Lao PDR, Lebanon, Lesotho, Liechtenstein, Liberia, Madagascar, Mali, Mexico, Mozambique, Namibia, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Senegal, Slovenia, South Africa, Spain, Sudan, Togo, Tunisia, Uganda, Uruguay, Venezuela, Zambia and Zimbabwe. CCW Fourth Review Conference, Geneva, 25 November 2011. List confirmed in email from Bantan Nugroho, Head of the CCW Implementation Support Unit, UN Department for Disarmament Affairs, 1 June 2012.

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

[20] Federal Law on the Prohibition on Cluster Munition[s], sec. 2. An unofficial English translation of Austria’s law specifically uses the word transit.

[21] Letter from Amb. Alexander Marschik, 9 March 2009.

[22] 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.

[23] Statement by Amb. Alexander Kmentt, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 13 September 2011, http://www.clusterconvention.org/files/2011/09/statement_austria.pdf.

[24] Letter from Alexander Kmentt, to Mary Wareham, Human Rights Watch (HRW), no, BMeiA-AT.2.07.41/0021-II.8b/2011, 21 April 2011.

[25] 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, 27 January 2011. In its second Article 7 report, Austria left forms D and E blank. Austria, Convention on Cluster Munitions Article 7 Report, Forms D and E, 24 April 2012.

[26] Federal Law on the Prohibition on Cluster Munition[s], 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 AOAV.

[27] Letter from Alexander Kmentt, to Mary Wareham, HRW, no, BMeiA-AT.2.07.41/0021-II.8b/2011, 21 April 2011.

[28] Three 155mm artillery projectiles containing 189 submunitions were destroyed by the Austrian Armed Forces prior to February 2010 in a test dismantling and destruction in Felixdorf, Austria. The remainder was destroyed by a company in Lachiano, Italy by 17 November 2010 through a process of dismantling, recycling, and incineration of the explosive materials. Convention on Cluster Munitions Article 7 Report, Form B, 27 January 2011; letter GZ.BMeiA-AT.2.07.41/0055-II.8b/2010 from Amb. Alexander Marschik, to Judith Majlath, CMC-Austria, 29 July 2010. See also: Email from Wolfgang Banyai, Department for Arms Control and Disarmament, Ministry for European and International Affairs, 22 July 2011.

[29] Email from Wolfgang Banyai, 22 July 2011.

[30] Reply by Minister of Defense Norbert Darabos to the Parliamentary Questions (723/J) submitted by Member of Parliament Caspar Einem and Colleagues and addressed to the Minister of Defense concerning the Procurement of Cluster Munitions (Cluster Bombs and Howitzergrenades) by the Austrian Armed Forces, 26 June 2007, www.parlament.gv.at. 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.

[31] Letter from Alexander Kmentt, to Mary Wareham, HRW, no, BMeiA-AT.2.07.41/0021-II.8b/2011, 21 April 2011. In its Article 7 report, Austria reported “not applicable” on Form C on cluster munitions retained for training and research purposes. Convention on Cluster Munition Article 7 Report, Form C, 27 January 2011. Austria left Form C blank in its second Article 7 report. Convention on Cluster Munitions Article 7 Report, Form C, 24 April 2012.