Hungary
Cluster Munition Ban Policy
Commitment to the Convention on Cluster Munitions
Convention on Cluster Munitions status |
State Party |
National implementation legislation |
Penal Code (2012 amendment) |
Stockpile destruction |
Completed destruction in July 2011 |
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 |
Policy
The Republic of Hungary signed the Convention on Cluster Munitions on 3 December 2008, ratified on 3 July 2012, and the convention entered into force for the country on 1 January 2013.
Hungary’s penal code was amended in 2012 to classify cluster munitions as an internationally prohibited weapon and establish penal sanctions for their “procurement, use, manufacturing and transfer.”[1] Hungary has also declared its 2012 ratification law under national implementation measures.[2]
Hungary submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 8 April 2013, but, as of 27 June 2014, had not provided the annual updated report due 30 April 2014.[3]
Hungary actively participated throughout the Oslo Process that resulted in the convention.[4] In November 2007, Hungary enacted a national moratorium on the use of cluster munitions by its armed forces, which remained in place until it became a State Party.[5]
Hungary has continued to participate in the work of the Convention on Cluster Munitions. It attended the convention’s Meeting of States Parties in 2011, 2012, and the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013. Hungary has participated in all of the convention’s intersessional meetings held in Geneva, including those held in April 2014.
Hungary has voted in favor of recent UN General Assembly (UNGA) resolutions condemning the Syrian government’s use of cluster munitions, including Resolution 68/182 on 18 December 2013, which expressed “outrage” at “continued widespread and systematic gross violations of human rights…including those involving the use of…cluster munitions.”[6]
Interpretive issues
In April 2011, Hungary expressed its views on a number of important matters relating to the interpretation and implementation of the convention:
· Hungary believes that the convention prohibits both the transit across, and stockpiling on, the territory of a State Party of cluster munitions of foreign states;
· Hungary believes that the convention prohibits assistance of acts prohibited by the convention to states not party;
· Hungary believes that investment in the production of cluster munitions is prohibited by the convention.[7]
Hungary is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Use, production, and transfer
Hungary has stated that it has never used cluster munitions “in the course of an armed conflict” and has never produced cluster munitions.[8]
Stockpile destruction
In April 2013, Hungary declared the completion (between 24 March and 8 July 2011) of the destruction of its entire stockpile comprised of 287 cluster bombs and 3,954 submunitions of three different types: 247 BKF blocks containing 2,964 AO-2.5 submunitions, 23 BKF blocks containing 276 PTAB-2.5KO submunitions, and 17 RBK-250 cluster bombs containing 714 PTAB-2.5M submunitions.[9] The Hungarian Defence Forces destroyed the cluster munitions at Erdőkertes outside of Budapest.[10]
Hungary has declared that it does not retain any cluster munitions for training or research purposes.[11]
[1] Statement of Hungary, Convention on Cluster Munitions Intersessional Meeting, Geneva, 16 April 2012.
[2] Act XI, adopted on 6 March 2012. Convention on Cluster Munitions Article 7 Report, Form A, 8 April 2013.
[3] The report covers the period until 31 December 2012. It incorrectly provides a submission date of 8 April 2012 instead of 8 April 2013. Convention on Cluster Munitions Article 7 Report, 8 April 2013.
[4] For more details on Hungary’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. 90.
[5] Email from Gyula Somogyi, Ministry of Foreign Affairs, 23 July 2010.
[6] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/68/182, 18 December 2013. Hungary voted in favor of a similar resolution on 15 May 2013.
[7] Letter from János Martonyi, Minister of Foreign Affairs, ref no. KÜM/6777/2011/ADM, 27 April 2011.
[8] Ibid.; and Convention on Cluster Munitions Article 7 Report, Form E, 8 April 2013.
[9] Hungary reported destroying a total of 3,954 submunitions (714 PTAB-2.5M, 276 PTAB-2.5KO, and 2,964 AO-2.5). Convention on Cluster Munitions Article 7 Report, Form B, 8 April 2013. Hungary previously reported that the total number of cluster bombs destroyed was 289, a difference of two cluster munitions. Letter from János Martonyi, Minister of Foreign Affairs, ref no. KÜM/6777/2011/ADM, 27 April 2011.
[10] Katherine Harrison, “Report on the Special Event on Stockpile Destruction in Erdőkertes, Hungary, 24 March 2011,” Action on Armed Violence, 30 April 2011.
[11] Convention on Cluster Munitions Article 7 Report, Form C, 8 April 2013. In April 2011, Hungary stated that the stockpile destruction process “encompasses Hungary’s entire cluster munitions stockpile.” Letter from János Martonyi, Minister of Foreign Affairs, ref no. KÜM/6777/2011/ADM, 27 April 2011.
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