FINAL REPORT OF THE REVIEW CONFERENCE

of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects

CONTENTS


I. Introduction
II. Organization
III. Participation
IV. Financial arrangements
V. Work
VI. Documentation
VII. Decisions and recommendations
Annexes

Annex A. Protocol on Blinding Laser Weapons (Protocol IV)
Annex B. Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (Protocol II), as amended on 3 May 1996
Annex C. Final Declaration of the Review Conference

I.Introduction

1. The Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, under Article 8, subparagraph 3 (a), reads, inter alia, as follows:

"If, after a period of ten years following the entry into force of this Convention, no conference has been convened in accordance with subparagraph 1 (a) or 2 (a) of this Article, any High Contracting Party may request the Depositary to convene a conference to which all High Contracting Parties shall be invited to review the scope and operation of this Convention and the Protocols annexed thereto and to consider any proposal for amendments of this Convention or of the existing Protocols. States not parties to this Convention shall be invited as observers to the conference. The conference may agree upon amendments which shall be adopted and enter into force in accordance with subparagraph 1 (b) above."

2. On 16 December 1993, the General Assembly, by its resolution 48/79, welcomed the request to the Secretary-General to convene at an appropriate time, if possible in 1994, in accordance with article 8, paragraph 3, of the Convention, a conference to review the Convention and encouraged the States parties to request the Secretary-General to establish as soon as possible a group of governmental experts to prepare the review conference and to furnish needed assistance and assure service, including the preparation of analytical reports that the review conference and the group of experts might need. It also called upon the maximum number of States to attend the conference, to which the States parties may invite interested non-governmental organizations, in particular the International Committee of the Red Cross.

3. On 22 December 1993, States Parties to the Convention submitted a letter to the Secretary-General of the United Nations, requesting him, in his capacity as depositary of the Convention, to convene a Conference of the High Contracting Parties to review the provisions of the Convention. In the letter, the States parties also requested that a group of experts be established with a view to facilitating preparations for this Conference (document CCW/CONF.I/8/Rev.1, paragraph 3).

4. Accordingly, the Secretary-General established the Group of Governmental Experts to Prepare the Review Conference of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects. The Group of Governmental Experts held four sessions in Geneva as follows: the first session took place from 28 February to 4 March 1994, the second from 16 to 27 May 1994, the third from 8 to 19 August 1994 and the fourth from 9 to 20 January 1995. A summary of the work of the Group of Governmental Experts as well as on participation in the Group's sessions is contained in document CCW/CONF.I/8/Rev.1, paragraphs 4 to 8.

II.Organization

5. In accordance with the decision of the Group of Governmental Experts, the first phase of the Review Conference was held in Vienna from 25 September to 13 October 1995 at the Austria Center Vienna and the Vienna International Centre. On 25 September, the Conference was opened by the Chairman of the Group of Governmental Experts, Mr. Johan Molander (Sweden), who was subsequently elected by acclamation as President of the Conference.

6. At its 1st plenary meeting, on 25 September 1995, the Conference also unanimously confirmed the nomination of Mr. Sohrab Kheradi, Deputy Director of the United Nations Centre for Disarmament Affairs, as Secretary-General of the Conference. The nomination had been made by the Secretary-General of the United Nations, following an invitation by the Group of Governmental Experts. At its 11th plenary meeting, on 22 April 1996, the President informed the Conference that the Secretary-General of the Conference, Mr. Sohrab Kheradi, was unable to attend the second resumed session and proposed that Mrs. Hannelore Hoppe, Senior Political Affairs Officer of the United Nations Centre for Disarmament Affairs, assume the responsibilities of Acting Secretary-General of the Conference. The Conference endorsed this proposal.

7. At its 1st plenary meeting, the Conference, in accordance with its Rules of Procedure, unanimously elected 10 Vice-Presidents from the following States Parties:

Austria Russian Federation
China Slovakia
France Tunisia
India Ukraine
Mexico United States of America

8. At the same meeting, the Conference also unanimously elected the Chairmen and Vice-Chairmen of the three Main Committees, the Drafting Committee and the Credentials Committee, as follows:

Main Committee IChairmanMr. Tibor Tóth (Hungary)
Vice-Chairman Mr. Jaap Ramaker (Netherlands)
Main Committee II Chairman Mr. Jorge Morales Pedraza (Cuba)
Vice-Chairman Mr. Richard G. Starr (Australia)
Main Committee III Chairman Mr. Wolfgang Hoffmann (Germany)
Vice-Chairman Mr. Peter Poptchev (Bulgaria)
Drafting Committee Chairman Mr. Mark J. Moher (Canada)
Vice-Chairman Mr. Taoufik Jabeur (Tunisia)
Credentials Committee Chairman Mr. Zdzislaw Galicki (Poland)
Vice-Chairman Baron Alain Guillaume (Belgium)

9. The Conference also appointed, on the proposal of the President, representatives from the following three States Parties as members of the Credentials Committee: China, Finland and Pakistan.

10. At its 8th plenary meeting, on 13 October 1995, the Conference adopted by consensus the text of the Protocol on Blinding Laser Weapons (Protocol IV).

11. At the same meeting, the Conference decided by consensus, that in view of the additional time needed to complete its work on Protocol II, it would continue in resumed sessions, to be held from 15 to 19 January 1996 and from 22 April to 3 May 1996, with a view to concluding the review and the amendment of Protocol II. The interim reports of the first phase of the Conference, held in Vienna, and of the first resumed session, held in January 1996 in Geneva, are contained in documents CCW/CONF.I/8/Rev.1 and CCW/CONF.I/11, respectively.

III. Participation

12. Representatives of 44 States Parties to the Convention participated in the first phase of the Conference (25 September to 13 October 1995, Vienna), as follows:

AustraliaFranceNorway
Austria GermanyPakistan
BelarusGreecePoland
BelgiumHungary Russian Federation
Bosnia and
Herzegovina
IndiaSlovakia
BulgariaIreland Slovenia
CanadaIsrael Spain
ChinaItalySweden
CroatiaJapanSwitzerland
Cuba LatviaTunisia
CyprusLiechtensteinUkraine
Czech RepublicMexicoUnited Kingdom of Great Britain
and Northern Ireland
Denmark MongoliaUnited States of America
Ecuador Netherlands Uruguay
FinlandNew Zealand

13. In accordance with Rule 1 of the Rules of Procedure, representatives of the following 40 States not parties to the Convention participated in the first phase of the Conference as observers:

Albania IndonesiaRepublic of Korea
Angola Iran (Islamic Republic of)Republic of Moldova
Argentina JordanRomania
Bolivia Libyan Arab JamahiriyaSaudi Arabia
Brazil LuxembourgSingapore
Burundi MoroccoSouth Africa
Cambodia MozambiqueSudan
ChileNicaraguaSyrian Arab Republic
ColombiaOmanThailand
Egypt ParaguayTurkey
Ethiopia PeruUnited Republic of Tanzania
Gabon PhilippinesVenezuela
Holy See PortugalViet Nam
Iceland

14. In accordance with Rules 46, 47 and 48 of the Rules of Procedure, representatives of the United Nations Children's Fund, the United Nations Department of Humanitarian Affairs, the United Nations Development Programme, the United Nations High Commissioner for Refugees, the European Community, the League of Arab States, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and the Sovereign Order of Malta participated in the Conference as observers. In accordance with Rule 49 of the Rules of Procedure, representatives of 66 non-governmental organizations attended public meetings of the Conference and its Main Committees.

15. At the first resumed session (15-19 January 1996, Geneva), representatives of the following 43 States Parties to the Convention participated in the session:

Australia GreeceNorway
Austria Hungary Pakistan
BelgiumIndia Poland
BulgariaIrelandRussian Federation
Canada IsraelSlovakia
China ItalySlovenia
Croatia JapanSpain
Cuba LatviaSweden
Cyprus LiechtensteinSwitzerland
Czech Republic MaltaTunisia
Denmark MexicoUkraine
Ecuador MongoliaUnited Kingdom of Great Britain
and Northern Ireland
FinlandNetherlands United States of America
France New ZealandUruguay
Germany

16. In accordance with Rule 1 of the Rules of Procedure, representatives of the following 33 States not parties to the Convention participated in the session as observers:

Afghanistan Holy See Philippines
Algeria Honduras Portugal
Angola Indonesia Republic of Korea
Argentina Iran (Islamic Republic of) Romania
Armenia Jordan Singapore
Bolivia Libyan Arab Jamahiriya South Africa
Brazil Luxembourg Syrian Arab Republic
Burundi Morocco Thailand
Chile Nicaragua Turkey
Colombia Nigeria Union of Myanmar
Egypt Peru Viet Nam

17. In accordance with Rules 46, 47 and 48 of the Rules of Procedure, representatives of the United Nations Children's Fund, the United Nations Department of Humanitarian Affairs, the United Nations High Commissioner for Refugees, the United Nations Institute for Disarmament Research, the League of Arab States, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and the Sovereign Order of Malta participated in the session as observers. In accordance with Rule 49 of the Rules of Procedure, representatives of 25 non-governmental organizations attended public meetings of the session.

18. At the second resumed session (22 April to 3 May 1996, Geneva), representatives of the following 51 States Parties to the Convention participated in the session:

Argentina, Australia, Austria, Belarus, Belgium, Brazil, Bulgaria, Canada, China, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Greece, Germany, Guatemala, Hungary, India, Ireland, Israel, Italy, Japan, Jordan, Laos People's Democratic Republic, Latvia, Liechtenstein, Malta, Mexico, Mongolia, Netherlands, New Zealand, Norway, Pakistan, Poland, Romania, Russian Federation, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tunisia, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay

19. In accordance with Rule 1 of the Rules of Procedure, representatives of the following 36 States not parties to the Convention participated in the session as observers:

Afghanistan, Algeria, Angola, Armenia, Azerbaijan, Bolivia, Burundi, Cambodia, Chad, Chile, Colombia, Egypt, El Salvador, Ethiopia, Holy See, Honduras, Iceland, Indonesia, Iran (Islamic Republic of), Luxembourg, Morocco, Mozambique, Nigeria, Peru, Philippines, Portugal, Republic of Korea, Singapore, Syrian Arab Republic, Thailand, Turkey, Union of Myanmar, Venezuela, Viet Nam, Zambia, Zimbabwe

20. In accordance with Rules 46, 47 and 48 of the Rules of Procedure, representatives of the United Nations Children's Fund, the United Nations Department of Humanitarian Affairs, the United Nations High Commissioner for Refugees, the United Nations Institute for Disarmament Research, the League of Arab States, the Organization of African Unity, the Organization of the Islamic Conference, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and the Sovereign Order of Malta participated in the session as observers. In accordance with Rule 49 of the Rules of Procedure, representatives of 70 non-governmental organizations attended public meetings of the session.

IV. Financial arrangements

21. At its 1st plenary meeting, on 25 September 1995, the Conference adopted the arrangements for meeting the costs of the Conference, as contained in document CCW/CONF.I/GE/22/Rev.1, in accordance with Rule 16 of the Rules of Procedure.

22. At its 9th meeting, on 15 January 1996, the Conference adopted the arrangements for meeting the costs of the resumed sessions, as contained in document CCW/CONF.I/10, in accordance with Rule 16 of the Rules of Procedure.

V. Work

23. Under the Presidency of Mr. Johan Molander, the Conference held 14 plenary meetings: eight meetings during its first phase in September/October in Vienna; two meetings during the first resumed session in January 1996; and four during the second resumed session in April/May 1996. In addition, the Conference held a number of informal meetings.

24. At its 1st plenary meeting, on 25 September 1995, the Conference adopted its agenda (CCW/CONF.I/2) and its Rules of Procedure, as orally amended, (CCW/CONF.I/1). At the same meeting, the Conference adopted its programme of work and decided to distribute its work among the three Main Committees as follows:

(a) Main Committee I: Review of the scope and operation of the Convention and its annexed Protocols, consideration of any proposals relating to the Convention and preparation and consideration of the final documents;

(b) Main Committee II: Consideration of any proposal relating to the Protocols annexed to the Convention;

(c) Main Committee III: Consideration of proposals for additional Protocols to the Convention.

25. At its 2nd meeting, on 26 September 1995, the Conference received a message from the Secretary-General of the United Nations which was delivered through a video broadcast. At the first and the second resumed sessions, additional messages from the Secretary-General of the United Nations were delivered by Mr. Vladimir Petrovsky, Director General of the United Nations Office at Geneva.

26. During the first phase of its work, the Conference held a general exchange of views from 26 to 28 September 1995. A number of delegations as well as non-governmental organizations participated in that exchange of views. At the opening meeting of the second resumed session, on 22 April 1996, statements were made by a number of delegations as well as non-governmental organizations.

27. Main Committee I held 17 meetings: eight during the first phase of the Conference in September/October 1995, in Vienna, and nine meetings during the second resumed session in April/May 1996 in Geneva. Its report (CCW/CONF.I/MC.I/1), together with the draft Final Declaration of the Review Conference (document CCW/CONF.I/WP.1/Rev.1), were submitted to the Conference at the 13th plenary meeting, on 3 May 1996, at which time the Conference took note of the report.

28. Main Committee II held 10 meetings from 26 September to 10 October 1995 in Vienna. Pursuant to the decision taken by the Conference on 13 October 1995, work during the first resumed session in January 1996 in Geneva focussed on Articles 2-6 of Protocol II and the Technical Annex and was carried out in the framework of open-ended informal consultations of the President of the Conference. In addition, a meeting of military experts was convened by the President on 18 January 1996, with a view to addressing relevant issues.

29. At its 10th plenary meeting, on 19 January 1996, the President submitted to the Conference a revised version of the President's text (CCW/CONF.I/WP.4/Rev.l), incorporating certain changes to Articles 2-6 and the Technical Annex of the draft amended Protocol II contained therein for the consideration of delegations, and to serve as a basis for the work of the concluding session of the Review Conference. The amended version of the President's text reflected the stage of negotiations as seen by the President and did not commit any delegation.

30. At its 11th plenary meeting, on 22 April 1996, the Conference, at the recommendation of the General Committee, decided that, in view of the developments during the first phase of the Conference in Vienna and subsequent developments at the first resumed session in January, work on Protocol II and its Technical Annex should be transferred to the Plenary and should continue in the form of consultations of the President and Friends of the Chair. Consequently, the Conference agreed that the President would continue consultations on the outstanding technical issues, i.e. new draft Articles 2-10 of Protocol II and the new draft Technical Annex as contained in document CCW/CONF.I/WP.4/Rev.1. Mr. Max Gevers (Netherlands) was appointed as Friend of the Chair on new draft Article 8 on "Transfers". Mr. José Viegas Filho (Brazil) was appointed as Friend of the Chair on new draft Article 11 on "Technological cooperation and assistance". Mr. Mark J. Moher (Canada) was appointed as Friend of the Chair on new draft Article 13 on "Consultations of High Contracting Parties" and on new draft Article 14 on "Compliance". The leaders of the delegations of India and the United Kingdom were entrusted with the task of undertaking consultations on new draft Article 12 on "Protection from the effects of minefields, mined areas, mines, booby-traps and other devices".

31. At the 12th plenary meeting, on 30 April 1996, the President presented to the Conference the amended Protocol II and the Technical Annex (document CCW/CONF.I/CRP.19), which also incorporated the results of the consultations of the Friends of the Chair. At the same meeting, the Conference agreed to transmit it to the Drafting Committee for its consideration on the understanding that this did not commit any delegation to the amended Protocol.

32. Main Committee III held five meetings from 26 September to 6 October 1995 and submitted its report (CCW/CONF.I/4) to the Conference at its 7th meeting, on 12 October 1995, annexed to which was the draft text of the Protocol on Blinding Laser Weapons. At the same meeting, the Conference took note of this report and decided to transmit it to the Drafting Committee for its consideration.

33. The Credentials Committee held three meetings during the first phase of the Conference between 28 September and 11 October 1995 and submitted its report (CCW/CONF.I/6*) as orally amended, to the Conference at its 8th meeting, on 13 October 1995. At the same meeting, the Conference took note of this report. During the second resumed session, the Credentials Committee held three meetings, between 24 April 1996 and 2 May 1996 and submitted its report (CCW/CONF.I/CC/1) to the Conference at its 13th meeting. At its 14th meeting, the Conference approved the report of the Committee and adopted the draft resolution contained therein.

34. The Drafting Committee held one meeting on 12 October 1995. The Chairman of the Drafting Committee presented an oral report on the work of the Committee during the first phase of the Conference at the 8th plenary meeting, on 13 October 1995. During the second resumed session, the Drafting Committee held one meeting on 30 April 1996 and two meetings on 1 May 1996. The Chairman of the Committee made an oral report to the Conference at its 13th meeting. At the same meeting, the Conference took note of this report, which was later circulated as document CCW/CONF.I/DC/1.

VI. Documentation

35. A list of the documents of the Conference is contained in part II of the present document.

VII. Decisions and recommendations

36. At its 8th plenary meeting, on 13 October 1995, the Conference, by consensus, adopted the text of the Protocol on Blinding Laser Weapons (Protocol IV) (CCW/CONF.I/7) which is annexed to this document ( Annex A). On 12 December 1995, the Secretary-General of the United Nations, in accordance with his function as depositary of the Convention and its Protocols, circulated Protocol IV to all States.

37. At its l4th plenary meeting, on 3 May 1996, the Conference adopted by consensus the amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices which is annexed to the present document (Annex B).

38. At the time of adoption of the amended Protocol II, a number of States Parties made statements with regard to the provisions of this Protocol. Those statements are reflected in the summary records of the meeting.

39. At the same meeting, the Conference adopted by consensus the Final Declaration of the Review Conference, as orally amended, which is annexed to the present document (Annex C).

40. Also at the same meeting, the Conference adopted its final report.

41. The Conference recommends the Protocol on Blinding Laser Weapons (Protocol IV) and Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996, to States Parties with a view to achieving the early entry into force of those instruments and the widest possible adherence to them. The Conference further recommends to all States that have not yet done so to take all necessary measures to become parties, as soon as possible, to the Convention, including Protocol I, Protocol III, Protocol IV and Protocol II as amended on 3 May 1996.