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Czech Republic
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 measures |
Law No. 213 on the Prohibition of the Use, Development, Production, and Transfer of Cluster Munitions and their Destruction (2011) |
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Stockpile destruction |
Completed in 2010 |
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Participation in Convention on Cluster Munitions meetings |
Attended Fourth Meeting of States Parties in Lusaka, Zambia in September 2013 |
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Key developments |
Provided an updated Article 7 report in April 2014 declaring a reduction in the number of submunitions retained for training purposes from 293 to 100 by end of 2013 |
Policy
The Czech Republic signed the Convention on Cluster Munitions on 3 December 2008, ratified on 22 September 2011, and the convention entered into force for the country on 1 March 2012.
Law No. 213 on the Prohibition of the Use, Development, Production, and Transfer of Cluster Munitions and their Destruction, which took effect on 1 March 2012, serves as the Czech Republic’s implementing legislation for the convention.[1] The legislation does not include penal sanctions for violations as provisions of the general Criminal Code of the Czech Republic apply instead.[2]
The Czech Republic submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 28 August 2012 and provided updated annual reports in 2013 and on 30 April 2014.[3]
The Czech Republic participated in the Oslo Process that created the Convention on Cluster Munitions and its position evolved over time to support the comprehensive prohibition on cluster munitions.[4]
The Czech Republic has continued to actively engage in the work of the Convention on Cluster Munitions. It has attended every Meeting of States Parties of the convention, including the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013. It has attended all of the convention’s intersessional meetings in Geneva, with the exception of those held in April 2014.
At the Fourth Meeting of States Parties, the Czech Republic described its efforts to promote the universalization of the convention, including through its bilateral consultations with neighboring countries and countries that the Czech Republic considers “high foreign policy priorities.”[5]
In relation to the ongoing use of cluster munitions by the Syrian government forces, in September 2013 the Czech Republic said it had co-sponsored UN General Assembly (UNGA) resolution 67/262, adopted on 15 May 2013, which strongly condemns “the use by the Syrian authorities of…cluster munitions.”[6] On 18 December 2013, the Czech Republic voted in favor of another UNGA Resolution 68/192, which expressed “outrage” at Syria’s “continued widespread and systematic gross violations of human rights…including those involving the use of…cluster munitions.”[7]
The Czech Republic is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Interpretive issues
The Czech Republic has provided its views on a number of important issues related to interpretation and implementation of the Convention on Cluster Munitions, including the prohibition on assistance during joint military operations with states not party that may use cluster munitions, the prohibition on transit of cluster munitions, the prohibition on foreign stockpiling of cluster munitions, and the prohibition on investment in production of cluster munitions.
According to the Ministry of Foreign Affairs, the Czech Republic considers that assistance with prohibited acts in joint military operations prohibited under the convention and any assistance with states not party during joint operations “shall not go beyond Article 21 together with Article 1 of the Convention.” The Czech Republic believes that “the transit of cluster munitions across the territory of the Czech Republic as well as the stockpiling of foreign cluster munitions on the territory of the Czech Republic is prohibited by the Convention.” The ministry also expressed the Czech Republic’s view that under the Convention on Cluster Munitions, “investment in the production of cluster munitions is prohibited.”[8]
Use, production, and transfer
The Czech Republic has stated that it “has never used any cluster munitions in military operations.”[9] It has formally declared the “Czech Republic has no production facilities for cluster munitions.”[10]
Stockpiling and destruction
The Czech Republic once possessed a stockpile consisting of 191 RBK-500 cluster bombs containing PTAB-2.5, AO-10, and AO-2.5RT submunitions and 289 BFK cartridges (also called “blocks”) containing AO-2.5RT, and PTAB-2.5 submunitions for KMG-U dispensers, as well as 16,400 individual submunitions of five types.[11] The stockpile was completely destroyed in 2010—prior to entry into force of the convention for the Czech Republic.[12]
Cluster munitions destroyed by the Czech Republic[13]
|
Type |
Quantity of munitions destroyed |
Quantity of submunitions destroyed |
|
RBK-500-255 PTAB bombs |
78 |
|
|
RBK-500-375 AO-10 bombs |
49 |
|
|
RBK-500 AO-2.5RT |
64 |
|
|
BKF AO-2.5RT |
143 |
|
|
BKF PTAB-2.5 |
146 |
|
|
ZAB-2.5P submunitions |
|
2,175 |
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ZTAB 2.5T submunitions |
|
2,508 |
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AO-2.5 submunitions |
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6,340 |
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AO-10 submunitions |
|
1,364 |
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PTAB-2.5 submunitions |
|
4,013 |
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Total |
480 |
16,400 |
All cluster munitions were removed from operational stockpiles in 2006 and the stockpile was destroyed between 2007 and 2010 by the Czech Army at military bases as well as by civilian commercial contracting partners at facilities in the Czech Republic. The initial Article 7 report provides a detailed listing of the types of cluster munitions and the dates, locations, and methods of destruction use.[14]
Retention
The Czech Republic’s national law allows the army to retain explosive submunitions for training purposes as permitted under Article 3 of the Convention on Cluster Munitions.
In its April 2014 Article 7 report, the Czech Republic declared the retention of a total of 100 explosive submunitions for training and research purposes as permitted under the convention as of 31 December 2013.[15] It has stated that these submunitions have “no air or surface-fired means of delivery.”[16]
The 100 submunitions the Czech Republic has retained for training represent a small fraction of the 796 submunitions that it said initially in November 2010 would be retained for training explosive ordnance disposal (EOD) personnel. The number of submunitions consumed over the course of training has fallen from 796 submunitions in November 2010, to 653 in May 2011, to 461 in May 2012, to 293 in December 2012, and to 100 in December 2013.[17] The Czech Republic reported using 193 submunitions for the training of its armed forces in cluster munitions detection and clearance techniques in 2013.[18]
[1] For full analysis of the legislation’s provisions, see: CMC, Cluster Munition Monitor 2011 (Ottawa: Mines Action Canada, October 2011), p. 204. “Zákon ze dne 21. června 2011 o zákazu použití, vývoje, výroby, skladování a převodu kazetové munice a o jejím zničení (zákon o zákazu kazetové munice)” (“Law 213 of 21 June 2011 on the Prohibition of the Use, Development, Production, and Transfer of Cluster Munitions and their Destruction, No. 213/2011 [hereafter known as Law No. 213/2011]”). According to the initial Article 7 report, “Law No. 213 includes the prohibitions contained in the Convention on Cluster Munitions and applies to both individuals and corporations.” Convention on Cluster Munitions Article 7 Report, Form A, 28 August 2012; statement of the Czech Republic, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 11 September 2012; and letter from Katerina Sequensova, Director of the UN Department, Ministry of Foreign Affairs to Mary Wareham, Senior Advisor, Arms Division, Human Rights Watch (HRW), REF: No. 102273/2011-OSN, 2 May 2011.
[2] Under Section 185 of the Criminal Code, it is a crime “to develop, produce, import, export, store, or accumulate weapons or means of combat prohibited by law or international treaty, or to dispose of these weapons or means of combat in any way.” Under the Criminal Code, penal sanctions for violations related to prohibited weapons include imprisonment of between one and five years, while financial sanctions for violations by corporations are fines of a maximum of CZK50 million. Convention on Cluster Munitions Article 7 Report, Form A, 28 August 2012.
[3] The period covered by the initial report is not indicated (it simply states ‘initial’), while the 2013 report covers the period from 1 September 2012 to 31 December 2012 and the 2014 report is for calendar year 2013.
[4] For details on the Czech Republic’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), pp. 66–68.
[5] Statement of the Czech Republic, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 10 September 2013.
[6] Ibid. See “The situation in the Syrian Arab Republic,” UNGA Resolution A/67/L.63, 15 May 2013.
[7] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/68/182, 18 December 2013.
[8] Letter from Miroslav Klíma, UN Director, Ministry of Foreign Affairs to Mary Wareham, HRW, REF: No. 102870-2/2012-OSN, 30 April 2012.
[9] Statement of the Czech Republic, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 10 September 2013; statement of the Czech Republic, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 13 September 2011; and letter from Jan Michal, Ministry of Foreign Affairs, 17 March 2009.
[10] Convention on Cluster Munitions Article 7 Report, Form E, 28 August 2012. In 2009, the Czech Republic also stated that it has “never produced cluster munitions.” Letter from Jan Michal, Ministry of Foreign Affairs, 17 March 2009.
[11] Earlier statements by the Czech Republic put the total number of submunitions destroyed at 15,000. Statement of the Czech Republic, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 11 September 2012; and statement of the Czech Republic, Convention on Cluster Munitions Intersessional Meetings, Geneva, 18 April 2012.
[12] Convention on Cluster Munitions Article 7 Report, Form B, 28 August 2012.
[13] The stockpiled cluster bombs had production dates ranging from 1954 to 1988. The RBK-250 bombs containing ZAB series incendiary submunitions are not covered by the Convention on Cluster Munitions as they contain incendiary submunitions and not explosive submunitions. Convention on Cluster Munitions Article 7 Report, Form B, 28 August 2012.
[14] Convention on Cluster Munitions Article 7 Report, Form B, 28 August 2012.
[15] These include 9 AO-2.5, 15 AO-10, 72 PTAB-2.5, and 4 ZAB-2.5T. Convention on Cluster Munitions Article 7 Report, Form C, 30 April 2014.
[16] Statement of the Czech Republic, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 10 September 2013; letter from Katerina Sequensova, Ministry of Foreign Affairs to Mary Wareham, HRW, REF: No. 102273/2011-OSN, 2 May 2011; and statement of the Czech Republic, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 11 September 2012.
[17] Statement of the Czech Republic, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 10 November 2010. In May 2011, a Ministry of Foreign Affairs official informed the Monitor that 653 submunitions had been retained for the training of EOD personnel. Letter from Katerina Sequensova, Ministry of Foreign Affairs, REF: No. 102273/2011-OSN, 2 May 2011. In April 2012, it stated that the number of submunitions it retained had decreased to 461. Statement of the Czech Republic, Convention on Cluster Munitions Intersessional Meetings, Geneva, 18 April 2012. In the second half of 2012, the Czech Republic reported consuming 185 submunitions (59 AO-2.5, 72 AO-10, 46 PTAB-2.5, and 8 ZAB-2.5T submunitions). Convention on Cluster Munitions Article 7 Report, Form C, 4 April 2013.
[18] The 193 submunitions comprised of 94 AO-2.5, 57 AO-10, 40 PTAB-2.5, and 2 ZAB-2.5T. Convention on Cluster Munitions Article 7 Report, Form C, 30 April 2014.
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