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Lebanon

Last Updated: 17 August 2012

Cluster Munition Ban Policy

Commitment to the Convention on Cluster Munitions

Convention on Cluster Munitions status

State Party

Participation in Convention on Cluster Munitions meetings

Hosted Second Meeting of States Parties in Beirut in September 2011 and attended intersessional meetings in Geneva in April 2012

Key developments

National implementation measures underway. Serving as President of Second Meeting of States Parties until September 2012

Policy

The Republic of Lebanon signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 5 November 2010. The convention entered into force for Lebanon on 1 May 2011.

On national measures to implement the Convention on Cluster Munitions, Lebanon informed the Monitor in June 2012 that “a review of existing national laws and codes is underway” and due to be completed by August 2012. Lebanon said that proposed recommendations to implement the ban convention will be then presented to Parliament and relevant ministries for consideration and action.[1]

Lebanon submitted its initial Convention on Cluster Munitions Article 7 transparency measures report on 27 October 2011.[2] In April 2012, Lebanon submitted an updated report for the period 27 October 2011 to 9 April 2012.

Lebanon participated throughout the Oslo Process that created the Convention on Cluster Munitions and advocated strongly for humanitarian protection to be given first priority in the development of the convention’s provisions.[3] Israel’s large-scale use of cluster munitions in Lebanon during the 2006 conflict contributed greatly to the sense of humanitarian urgency that underpinned the Oslo Process.[4]

Lebanon has continued to be centrally engaged in the work of the Convention on Cluster Munitions. In November 2010, Lebanon assumed a crucial leadership role as president of the convention’s Second Meeting of States Parties.

On 1216 September 2011, Lebanon hosted the Second Meeting of States Parties of the Convention on Cluster Munitions in Beirut, under the theme of “Together for a Safer Life.” A total of 131 governments participated in the meeting (52 States Parties, 38 signatories, and 40 observer states including China), as well representatives from UN agencies, the ICRC, and the CMC.[5] The CMC delegation was comprised of 390 campaigners from 60 countries, including survivors and youth. Hundreds of delegates participated in field visits around southern Lebanon to observe clearance, risk education, and victim assistance activities undertaken by government authorities, including the national army, and also by civil society groups. More than two-dozen side events and other activities were held parallel to the Second Meeting of States Parties, including a football match between Lebanese survivors of cluster munitions and explosive ordnance and a group of diplomats and campaigners.

Lebanon’s President General Michel Sleiman addressed the meeting’s opening ceremony with a statement that condemned the use of cluster munitions and described how Lebanon has suffered from cluster munition use. Lebanon’s Minister for Foreign Affairs and Emigrants, Adnan Mansour, served as president of the Second Meeting of States Parties with the assistance of Lebanon’s Permanent Representative to the UN in Geneva, Ambassador Najla Riachi Assaker. During the meeting, Lebanon made statements on a range of topics, including universalization, national implementation measures, clearance, and victim assistance.

At the Second Meeting of States Parties, governments adopted the Beirut Progress Report, a bold document that strongly condemns the use of cluster munitions and reports on progress made in the implementation of the Vientiane Action Plan issued by the First Meeting of States Parties.[6] An extraordinarily high number of non-signatories from the Middle East and North Africa attended the meeting as observers, many participating for the first time in a meeting of the convention. Swaziland deposited its instrument of accession to the Convention on Cluster Munitions during the meeting, becoming the 110th nation to join.[7]

As president of the Second Meeting of States Parties, Lebanon has continued to play an active leadership role promoting the ban convention, including through its participation in regional meetings on cluster munitions held in May 2012 in Rakitje, Croatia and in Accra, Ghana. It has chaired the frequent meetings of the coordinators for thematic issues that were established at the First Meeting of States Parties.

At the convention’s intersessional meetings in Geneva in April 2012, Lebanon opened the meeting and presented the findings of its ongoing consultations into the creation of an implementation support unit (ISU) for the Convention on Cluster Munitions. During the meeting, Lebanon made several statements, including on clearance, cooperation and assistance, transparency reporting, and national implementation measures.

In its role as President of the Second Meeting of States Parties, Lebanon has vigorously promoted universalization of the Convention on Cluster Munitions. Lebanon has co-signed letters with Japan, the ban convention’s co-coordinator on universalization, urging states to join the convention. Lebanon has raised the importance of accession during official visits to Bahrain, Kuwait, and the United Arab Emirates.[8]

At the 16th Ministerial meeting of the Non-Aligned Movement (NAM) in Bali, Indonesia in May 2011, Lebanon cooperated with Lao PDR to secure language in the final declaration on the Convention on Cluster Munitions. At the NAM Ministerial meeting held in Sharm el Sheikh, Egypt on 7-10 May 2012, the ministers “recognized the adverse humanitarian impact caused by the use of cluster munitions and expressed sympathy with the cluster munitions-affected countries,” acknowledged the ban convention’s the entry into force, and noted its Second Meeting of States Parties held in Lebanon in September 2011.[9]

Lebanon is not a party to the Mine Ban Treaty.

Interpretive issues

Lebanon has provided interpretive statements on a number of important provisions in the convention. Lebanon has stated that the prohibition on the transfer of cluster munitions includes a prohibition on “transit,” that foreign stockpiling of cluster munitions is prohibited, that financing and investment in cluster munition production or transfer is prohibited, and that Article 1 of the convention takes precedence over Article 21 so that “States Parties must never undertake any act that could constitute deliberate assistance with a prohibited act.”[10]

In September 2011, Lebanon stated that it does not see any reason to retain cluster munitions or submunitions for training or research purposes as permitted by Article 3 of the Convention on Cluster Munitions, noting “detection of submunition remnants does not require a more sophisticated technology than what currently exists.”[11]

Convention on Conventional Weapons

Lebanon is not a party to the Convention on Conventional Weapons (CCW), but participated as an observer in the CCW’s Fourth Review Conference in November 2011 where it was part of a group of states opposed to the creation of a new CCW protocol permitting continued use of cluster munitions.

During the negotiations, Lebanon suggested that instead of a new protocol, CCW states could undertake national measures on prohibitions and restrictions, as well as issue a declaration emphasizing the inhumane nature of cluster munitions.[12] On the final day of the conference, Lebanon was one of 50 states that issued a joint statement declaring that the chair’s draft text does not fully address their fundamental concerns and is unacceptable from a humanitarian standpoint, and therefore does not command consensus.[13]

The Review Conference ended without reaching agreement on the proposed CCW protocol, thus concluding the CCW’s work on cluster munitions.

Use, production, transfer, and stockpiling

Lebanon has stated several times that it has never used, produced, or stockpiled cluster munitions.[14]

Israel used cluster munitions in Lebanon in 1978, 1982, and 2006.[15] The United States dropped cluster bombs against Syrian air defense units near Beirut during an armed intervention in December 1983.[16] In 2006, Hezbollah fired cluster munitions from southern Lebanon into northern Israel.[17]

 



[1] “Cluster Munition Monitor 2012,” document provided in Letter from the Permanent Mission of Lebanon to the UN in Geneva to Human Rights Watch (HRW), Ref 8/27/1 & 131/2012, 7 June 2012.

[2] The report covers the period from 13 October 1990 to 27 October 2011.

[3] For detail on Lebanon’s policy and practice regarding cluster munitions through early 2009, see HRW and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 105–107.

[4] For details on Israel’s use of cluster munitions in Lebanon and its impact, see HRW, “Flooding South Lebanon: Israel’s Use of Cluster Munitions in Lebanon in July and August 2006,” Vol. 20, No.2(E), February 2008; and Landmine Action, “Foreseeable harm: the use and impact of cluster munitions in Lebanon: 2006,” October 2006.

[5] UN, “Final Document, Convention on Cluster Munitions, Second Meeting of States Parties,” CCM /MSP/2011/5, Beirut, 16 September 2011, http://www.clusterconvention.org/files/2011/05/2MSP-Final-Document.pdf.

[6] “Draft Beirut Progress Report,” CCM/MSP/2011/WP.5, 25 August 2011, http://www.clusterconvention.org/files/2011/05/Beirut-Progress-Report-ODS-upload4.pdf.

[7] From the Middle East and North Africa, the following non-signatories to the Convention on Cluster Munitions participated in the Second Meeting of States Parties: Egypt, Iran, Jordan, Kuwait, Morocco, Oman, Qatar, Saudi Arabia, Syrian Arab Republic, United Arab Emirates and Yemen, as well as Palestine.

[8] Lebanon, Convention on Cluster Munitions Article 7 Report, Form J, 27 October 2011.

[9] See paragraphs 218 and 219 of the final document: “218. The Ministers recognized the adverse humanitarian impact caused by the use of cluster munitions and expressed sympathy with the cluster munitions-affected countries. They called upon all States in a position to do so, to consider providing the necessary financial, technical and humanitarian assistance to unexploded cluster munitions clearance operations, the social and economic rehabilitation of victims as well as to ensure full access of affected countries to material equipment, technology and financial resources for unexploded cluster munitions clearance. 219. The Ministers noted the entry into force of the Convention on Cluster Munitions on 1 August 2010 and the outcome of the Meeting of States Parties to the Convention held in Lebanon in September 2011.” Final Document of the Non-Aligned Movement Ministerial meeting, Sharm el Sheikh, 7-10 May 2012, http://www.mfa.gov.eg/nam/documents/final%20document%20adopted%20by%20the%20ministerial%20meetings%209-10%20May.pdf.

[10] Letter from the Permanent Mission of Lebanon to the UN in Geneva, 10 February 2009. It states: “It is the understanding of the Government of Lebanon that the transit of cluster munitions across, or foreign stockpiling of cluster munitions on the national territory of States Parties is prohibited by the Convention. Article /1/ paragraph (b) of the Convention explicitly prohibits all stockpiling and all transfers…. It is the understanding of the Government of Lebanon that all assistance with prohibited acts is prohibited under Article /1/ paragraph (c) of the Convention. While Article 21 allows for military cooperation with states non party to the Convention it does not allow any assistance with prohibited acts. In the view of Lebanon Article /1/ paragraph (c) takes precedence over Article 21 and States Parties must never undertake any act that could constitute deliberate assistance with a prohibited act. It is the understanding of the Government of Lebanon that Article /1/ paragraph (c) of the Convention prohibits the investment in entities engaged in the production or transfer of cluster munitions or investment in any company that provides financing to such entities. In the view of Lebanon ‘assistance’ as stipulated in Article /1/ paragraph (c) includes investment in entities engaged in the production or transfer of cluster munitions and is thus prohibited under the Convention.”

[11] Statement of Lebanon, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 14 September 2011, http://www.clusterconvention.org/files/2011/09/ssd_lebanon.pdf.

[12] Statement of Lebanon, CCW Fourth Review Conference, Geneva, 24 November 2011. Notes by AOAV.

[13] 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.

[14] Letter from the Permanent Mission of Lebanon to the UN in Geneva, 10 February 2009; Lebanon, Convention on Cluster Munitions Article 7 Report, Form B, 27 October 2011; “Cluster Munition Monitor 2012,” document provided in Letter from the Permanent Mission of Lebanon to the UN in Geneva to HRW, Ref 8/27/1 & 131/2012, 7 June 2012; and Statement of Lebanon, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 14 September 2011, http://www.clusterconvention.org/files/2011/09/ssd_lebanon.pdf.

[15] HRW, “Meeting the Challenge: Protecting Civilians through the Convention on Cluster Munitions,” November 2010, pp. 3338.

[16] US Department of the Navy, Attack Squadron 15, Memorandum from Commanding Officer, Attack Squadron 15, to Chief of Naval Operations, “Command History: Enclosure 5, Ordnance Expenditure for 1983,” 18 February 1984, declassified 28 April 2000.

[17] HRW, “Civilians Under Assault: Hezbollah’s Rocket Attacks on Israel in the 2006 War,” August 2007, pp. 44–48. Hezbollah fired about 100 Chinese-produced Type-81 122mm cluster munition rockets, each of which contains 39 Type-90 submunitions, also known as MZD-2. In June 2012, Lebanon provided the Monitor with the following statement: “In the aftermath of the 2006 Israeli aggression, the Lebanese army found several kinds of unexploded cluster munitions on the Lebanese territory. Among these found were used and failed Chinese made MZD2. All (MZD2) were found in an area that is 10 kilometers away from the Lebanese – Occupied Palestine borders. Lebanon does not stockpile any kind of cluster munitions, it has not used any in the past, and the Lebanese Government considers all failed or unexploded cluster munitions or submunitions on the Lebanese soil as a legacy of the Israeli aggression on Lebanon; it should be noted though that these MZD2 munitions were only found after the 2006 aggression.” “Cluster Munition Monitor 2012,” document provided in Letter from the Permanent Mission of Lebanon to the UN in Geneva to HRW, Ref 8/27/1 & 131/2012, 7 June 2012.