Footnotes

Chapter 1 - Introduction

[1]        As with any international treaty, legislation must be first enacted before Australia can ratify the treaty body. Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. 1.

[2]        Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. 6.

[3]        Convention on Cluster Munitions, Article 2(2).

[4]        That is 'a conventional munition, weighing less than 20 kilograms, which is not self-propelled and which, in order to perform its task, is dispersed or released by a dispenser, and is designed to function by detonating an explosive charge prior to, on or after impact' (Convention on Cluster Munitions, Article 2(13)).

[5]        Gugu Dube, Negotiating The Convention on Cluster Munitions, ISS Paper 187, July 2009, http://www.armsnetafrica.org/content/iss-paper-187-negotiating-convention-cluster-munitions-gugu-dube-july-2009 (accessed 15 December 2010).

[6]        Laos is recognised by the UN to be the most heavily bombed country in history on a per capita basis. UN Backs Vientiane Declaration on Cluster Munitions, Media Release, 12 November 2010, http://www.mineaction.org/doc.asp?d=1532 (accessed 29 November 2010).

[7]        United Nations Treaty Collection, Convention on Cluster Munitions, Status as at 07-03-2011, http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVI-6&chapter=26&lang=en (accessed 8 March 2011).

[8]        Statement by UN Secretary-General Ban Ki-moon on the entry-into-force of the Convention on Cluster Munitions, 30 July 2010, Electronic Mine Information Network, http://www.mineaction.org/overview.asp?o=3722 (accessed 29 November 2010).

[9]        Convention on Cluster Munitions, preamble, paragraph 2.

[10]      Attorney-General, Minister for Foreign Affairs, Minister for Defence, Submission 24, p. 1.

[11]      National Interest Analysis, para 5. The National Interest Analysis which sets out the benefits for Australia in ratifying the Convention, and Australia's responsibility under the Convention, was tabled in Parliament on 12 March 2009.

[12]      AusAID, Australia's aid program, Mine action, http://www.ausaid.gov.au/human/landmines.cfm (accessed 11 February 2011).

[13]      See for example, International Committee of the Red Cross, Submission 9, p. 1.

[14]      AusAID, Australia's aid program, Mine action, http://www.ausaid.gov.au/human/landmines.cfm (accessed 11 February 2011).

[15]      The Hon Robert McClelland MP, Attorney-General, Second Reading Speech, House Hansard, 27 October 2010, p. 10.

[16]      From 1964 to 1973, over two million tons of ordnance, including 270 million cluster submunitions was dropped on Laos with a failure rate of up to 30 per cent, leaving approximately 25 per cent of villages across the country contaminated with unexploded ordnance. National Regulatory Authority for UXO/Mine Action in the Lao PDR, The Unexploded Ordnance (UXO) Problem and Operational Progress in the Lao PDR, Official Figures, 2 June 2010, http://www.clusterconvention.org/1msp/wp-content/uploads/2010/08/The-UXO-Problem-in-the-Lao-PDR-Official-Statistics-final.pdf (accessed 15 December 2010).

[17]      United Nations Treaty Collection, Convention on Cluster Munitions, Status as at 07-03-2011, http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVI-6&chapter=26&lang=en (accessed 8 March 2011).

[18]      Human Rights Watch, Meeting the Challenge, Protecting Civilians through the Convention on Cluster Munitions, Section III – Production, Transfer, and Stockpiling, 22 November 2010, http://www.hrw.org/en/node/94330/section/7 (accessed 8 December 2010). 

[19]      Senate Foreign Affairs, Defence and Trade Legislation Committee, Cluster Munitions (Prohibition) Bill 2006, May 2007, p. xi.

[20]      Senate Foreign Affairs, Defence and Trade Legislation Committee, Cluster Munitions (Prohibition) Bill 2006, May 2007, pp. ix–x.

[21]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 26.

[22]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 20.

[23]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 27.

[24]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 27.

[25]      Senate Standing Committee for the Selection of Bills, Report No. 13 of 2010, Appendix 1, https://www.aph.gov.au/Senate/committee/selectionbills_ctte/reports/2010/rep1310.pdf (accessed 14 February 2011).

Chapter 2 - The use and legacy of cluster munitions worldwide

[1]        UN Backs Vientiane Declaration on Cluster Munitions, UN Electronic Mine Information Network, Press Release, 12 November 2010, http://www.mineaction.org/doc.asp?d=1532 (accessed 29 November 2010). However, according to the Cluster Munition Coalition, cluster munitions have been used during armed conflict in 39 countries and disputed territories since the end of WWII and at least 18 government armed forces have used cluster munitions. (Cluster Munition Coalition, Cluster Munition Monitor 2010, Major Findings, http://www.the-monitor.org/index.php/publications/display?url=cmm/2010/CMM_Major_Findings_2010.html, (accessed 15 December 2010). 

[2]        UN Backs Vientiane Declaration on Cluster Munitions, UN Electronic Mine Information Network, Press Release, 12 November 2010, http://www.mineaction.org/doc.asp?d=1532 (accessed 29 November 2010).

[3]        Cluster Munition Coalition, A History of Harm, undated, http://www.stopclustermunitions.org/the-problem/history-harm/ (accessed 15 December 2010).

[4]        Cluster Munition Coalition, A timeline of cluster bomb use, undated, http://www.stopclustermunitions.org/the-problem/history-harm/ (accessed 29 November 2010).

[5]        Cluster Munition Coalition, A timeline of cluster bomb use, undated, http://www.stopclustermunitions.org/the-problem/history-harm/ (accessed 29 November 2010).

[6]        Amnesty International cited in Cluster Munition Coalition and International Campaign to Ban Landmines, Cluster Munition Monitor 2010, Major Findings, p. 1, http://www.the-monitor.org/index.php/publications/display?url=cmm/2010/CMM_Major_Findings_2010.html (accessed 29 November 2010).

[7]        In parts of Southeast Asia, cluster munitions continue to cause nearly half of the recorded casualties more than three decades after their use. Handicap International, Fatal Footprint: The Global Human Impact of Cluster Munitions, Preliminary Report, November 2006, p. 42, http://www.mineaction.org/downloads/1/Fatal_Footprint_HI_report_on_CM_casualties.1.pdf (accessed 22 December 2010).

[8]        Handicap International, Fatal Footprint: The Global Human Impact of Cluster Munitions, Preliminary Report, November 2006, p. 43, http://www.mineaction.org/downloads/1/Fatal_Footprint_HI_report_on_CM_casualties.1.pdf (accessed 22 December 2010).

[9]        Cluster Munition Coalition and International Campaign to Ban Landmines, Cluster Munition Monitor 2010, Major Findings, p. 1, http://www.the-monitor.org/index.php/publications/display?url=cmm/2010/CMM_Major_Findings_2010.html (accessed 29 November 2010).

[10]      Cluster Munition Coalition and International Campaign to Ban Landmines Cluster Munition Monitor 2010, Major Findings, p. 1, http://www.the-monitor.org/index.php/publications/display?url=cmm/2010/CMM_Major_Findings_2010.html (accessed 29 November 2010).

[11]      Human Rights Watch, Cluster Munition Stockpiles of Signatories to the Convention on Cluster Munitions, Fact Sheet, February 2010, p. 1.

[12]      Cluster Munition Coalition and International Campaign to Ban Landmines Cluster Munition Monitor 2010, Major Findings, p. 1, http://www.the-monitor.org/index.php/publications/display?url=cmm/2010/CMM_Major_Findings_2010.html (accessed 29 November 2010).

[13]      Senate Foreign Affairs, Defence and Trade Committee, Cluster Munitions (Prohibition) Bill 2006, p. 4.

[14]      Human Rights Watch, Cluster Munition Stockpiles of Signatories to the Convention on Cluster Munitions, Fact Sheet, February 2010, p. 1.

[15]      Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. 2.

[16]      Department of Defence, Additional information, received 2 March 2011, p. 3.

[17]      Letter from Peter Hooten, Department of Foreign Affairs and Trade, 27 April 2010 cited in Cluster Munition Monitor, Country Profiles – Australia, 20 October 2010, p. 3. http://www.the-monitor.org/custom/index.php/region_profiles/print_profile/10 (accessed 3 December 2010).

[18]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 16.

Chapter 3 - Penalties and the retention of cluster munitions

[1]        Division 72 of the Criminal Code deals with explosives and lethal devices.

[2]        Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, s. 72.37.

[3]        Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. 7.

[4]        Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. 7.

[5]        Act for Peace, Submission 17, p. [1].

[6]        Explanatory Memorandum, Criminal Code Amendment (Cluster Munition Prohibition) Bill 2010, p. 8.

[7]        Human Rights Watch and International Human Rights Clinic, Submission 7, p. 15.

[8]        Medical Association for Prevention of War (Australia), Submission 15, p. 3.

[9]        Australian Network to Ban Landmines and Cluster Munitions, Submission 3, p. [3]; Aotearoa New Zealand Cluster Munitions Coalition, Submission 6, p. [2]; CBM Australia, Submission 11, p. 2; Australian Lawyers for Human Rights, Submission 19, p. [2]; Oxfam Australia, Submission 14, p. 2; Medical Association for Prevention of War (Australia), Submission 15, p. 4; Act for Peace, Submission 17, p. [2]; Human Rights Watch and IHRC, Submission 7, p. 5.

[10]      Human Rights Watch and International Human Rights Clinic, Submission 7, p. 5. See also, Aotearoa New Zealand Cluster Munitions Coalition, Submission 6, p. [2].

[11]      Australian Network to Ban Landmines and Cluster Munitions, Submission 3, p. [5] and [3].

[12]      Australian Network to Ban Landmines and Cluster Munitions, Submission 3, p. [3]. See Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. [1].

[13]      Attorney-General's Department, Additional information, received 28 February 2011, pp. 1–2.

[14]      Greg Manning, Attorney-General's Department, Committee Hansard, 3 March 2011, p. 18.

[15]      Human Rights Watch and International Human Rights Clinic, Submission 7, p. 13.

[16]      Uniting Church of Australia–Synod of Victoria and Tasmania, Submission 8, p. 1.

[17]      Attorney-General's Department, Additional information, received 28 February 2011, p. 1.

[18]      Attorney-General's Department, Additional information, received 28 February 2011, pp. 1–2.

[19]      Human Rights Watch and International Human Rights Clinic, Submission 7, p. 12.

[20]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 27.

[21]      Human Rights Watch and International Human Rights Clinic, Submission 7, p. 12.

[22]      Australian Lawyers for Human Rights, Submission 19, p. [2]; Medical Association for Prevention of War (Australia), Submission 15, p. 4; Human Rights Watch and IHRC, Submission 7, p. 12.

[23]      Australian Lawyers for Human Rights, Submission 19, p. [12].

[24]      Australian Lawyers for Human Rights, Submission 19, p. [12].

[25]      CBM Australia, Submission 11, p. 2.

[26]      Uniting Church in Australia–Synod of Victoria and Tasmania, Submission 8, p. 6.

[27]      Attorney-General's Department, Additional information, received 28 February 2011, p. 2.

[28]      Attorney-General's Department, Additional information, received 28 February 2011, p. 2.

[29]      Attorney-General's Department, Additional information, received 28 February 2011, p. 2.

[30]      Criminal Code Amendment (Cluster Munition Prohibition) Bill 2010, ss. 72.39(2)(a).

[31]      Criminal Code Amendment (Cluster Munition Prohibition) Bill 2010, ss. 72.39(2)(b).

[32]      Criminal Code Amendment (Cluster Munition Prohibition) Bill 2010, ss. 72.39(2)(c).

[33]      The Minister (currently the Minister for Defence) may delegate this authorisation power to the Secretary of Defence or a Senior Executive Service employee in that department. Criminal Code Amendment (Cluster Munition Prohibition) Bill 2010, ss. 72.39(5).

[34]      Explanatory Memorandum, Criminal Code Amendment (Cluster Munition Prohibition) Bill 2010, pp. 8–9.

[35]      Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. 1.

[36]      Australian Network to Ban Landmines and Cluster Munitions, Submission 3, pp. [7–8]. See also, Aotearoa New Zealand Cluster Munitions Coalition, Submission 6, p. [3].

[37]      Human Rights Watch and IHRC, Submission 7, p. 11; Union Aid Abroad–APHEDA, Submission 12, p. [4].

[38]      Australian Lawyers for Human Rights, Submission 19, p. [3]; Cluster Munition Coalition, Submission 22.

[39]      Human Rights Watch and International Human Rights Clinic, Submission 7, p. 11.

[40]      Australian Network to Ban Landmines and Cluster Munitions, Submission 3, p. [8].

[41]      Act for Peace, Submission 17, p. [2].

[42]      Aotearoa New Zealand Cluster Munitions Coalition, Submission 6, p. [3]; Australian Network to Ban Landmines and Cluster Munitions, Submission 3, p. [8].

[43]      Human Rights Watch and International Human Rights Clinic, Submission 7, p. 12.

[44]      Australian Network to Ban Landmines and Cluster Munitions, Submission 3, p. [8]; Aotearoa New Zealand Cluster Munitions Coalition, Submission 6, p. [3]; Uniting Church in Australia–Synod of Victoria and Tasmania, Submission 8, p. 1; CBM Australia, Submission 11, p. 2; Afghan Landmine Survivors' Organization, Submission 13, p. 2; Medical Association for Prevention of War (Australia), Submission 15, p. 6; Union Aid Abroad–APHEDA, Submission 12, p. [4];  Oxfam Australia, Submission 14, p. 3; Act for Peace, Submission 17, pp.  [5–6].

[45]      Department of Defence, Additional information, received 2 March 2011, p. 3.

[46]      Department of Defence, Additional information, received 2 March 2011, p. 3.

[47]      Department of Defence, Additional information, received 2 March 2011, p. 4.

[48]      Department of Defence, Additional information, received 2 March 2011, p. 3.

[49]      Department of Defence, Additional information, received 2 March 2011, p. 4.

[50]      Department of Defence, Additional information, received 2 March 2011, p. 4.

[51]      Department of Defence, Additional information, received 2 March 2011, p. 4.

[52]      Department of Defence, Additional information, received 2 March 2011, p. 4.

Chapter 4 - Interoperability

[1]        DFAT defines interoperability as the 'ability of militaries from different countries to effectively engage in military cooperation and operations' (Department of Foreign Affairs and Trade, Additional information, received 1 March 2011). The committee uses the term more narrowly in recognition of the contention surrounding military engagement between states parties and non-states parties to the Convention which is the subject of Article 21 generally and Article 21(3) specifically.

[2]        The meaning of the term 'Commonwealth contract' is that given by the Dictionary in the Code, that is, a contract, to which a Commonwealth entity is a party, under which services are to be, or were to be, provided to a Commonwealth entity (Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. 12).

[3]        This may include peacekeeping operations mandated by the United Nations which involve both States Parties and non-States Parties to the Convention. The language of subsection 72.41(a) reflects the language of Article 21(4)(a) and (c) of the Convention.  

[4]        Department of Foreign Affairs & Trade, Additional information, received 1 March 2011, p. 1.

[5]        Canada described the need for a provision on interoperability as 'most critical' and a 'red-line issue' of whether it could join the Convention. International Campaign to Ban Landmines and Cluster Munition Coalition, Cluster Munition Monitor 2010, Canada – Cluster Munition Ban Policy, 22 October 2010, http://www.the-monitor.org/index.php/cp/display/region_profiles/theme/119 (accessed 15 December 2010). The signatories to the discussion paper include Australia, Canada, Czech Republic, Denmark, Finland, France, Germany, Italy, Netherlands, Sweden, Switzerland and the United Kingdom.

[6]        Australia, Canada, Czech Republic, Denmark, Finland, France, Germany, Italy, Netherlands, Sweden, Switzerland, United Kingdom, 'Discussion paper Cluster Munitions and Inter-Operability: The Oslo-Process Discussion Text and Implications for International Operations', Wellington Conference on Cluster Munitions, February 18–22, 2008, p. [1],  http://www.delegfrance-cd-geneve.org/declarations/ssdos_decl_sous_munitions/discussion-paper-like-minded-conf-wellingtion.pdf (accessed 14 December 2010).

[7]        Australia, Canada, Czech Republic, Denmark, Finland, France, Germany, Italy, Netherlands, Sweden, Switzerland, United Kingdom, 'Discussion paper Cluster Munitions and Inter-Operability: The Oslo-Process Discussion Text and Implications for International Operations', Wellington Conference on Cluster Munitions, February 18–22, 2008, p. [1],  http://www.delegfrance-cd-geneve.org/declarations/ssdos_decl_sous_munitions/discussion-paper-like-minded-conf-wellingtion.pdf (accessed 14 December 2010).

[8]        Australia, Canada, Czech Republic, Denmark, Finland, France, Germany, Italy, Netherlands, Sweden, Switzerland, United Kingdom, 'Discussion paper Cluster Munitions and Inter-Operability: The Oslo-Process Discussion Text and Implications for International Operations', Wellington Conference on Cluster Munitions, February 18–22, 2008, p. [2],  http://www.delegfrance-cd-geneve.org/declarations/ssdos_decl_sous_munitions/discussion-paper-like-minded-conf-wellingtion.pdf (accessed 14 December 2010).

[9]        Diplomatic Conference for the Adoption of a Convention on Cluster Munitions, Summary Record of Tenth Session of the Committee of the Whole, CCM/CW/SR/10, 18 June 2008, http://www.clustermunitionsdublin.ie/pdf/CoW10May26am_002.pdf (accessed 15 December 2010).

[10]      Diplomatic Conference for the Adoption of a Convention on Cluster Munitions, Summary Record of Tenth Session of the Committee of the Whole, CCM/CW/SR/10, 18 June 2008, http://www.clustermunitionsdublin.ie/pdf/CoW10May26am_002.pdf (accessed 15 December 2010).

[11]      Diplomatic Conference for the Adoption of a Convention on Cluster Munitions, Summary Record of the Sixteenth Session of the Committee of the Whole, CCM/CW/SR/16, 18 June 2008, http://www.clustermunitionsdublin.ie/pdf/CoW16May28pm_rev15July2009.pdf (accessed 15 December 2010).

[12]      Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. 12.

[13]      Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. 2.

[14]      Department of Defence, Additional information, received 2 March 2011, p. 2.

[15]      Human Rights Watch, Promoting the Prohibitions, The Need for Strong Interpretations of the Convention on Cluster Munitions, 6 November 2010, p. 4, http://www.hrw.org/en/news/2010/11/06/promoting-prohibitions (accessed 14 December 2010).

[16]      Statement of Ireland, 'Statement by the Government of Ireland upon the Adoption of the Convention on Cluster Munitions', Dublin Diplomatic Conference on Cluster Munitions, CCM/CRP/2, 30 May 2008, http://www.clustermunitionsdublin.ie/pdf/IcelandStatementGE.pdf (accessed 14 December 2010).

[17]      Senate Standing Committee for the Selection of Bills, Report No. 13 of 2010, Appendix 1, https://www.aph.gov.au/Senate/committee/selectionbills_ctte/reports/2010/rep1310.pdf (accessed 11 February 2011).

[18]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 19.

[19]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 27.

[20]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 27.

[21]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 27.

[22]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 19.

[23]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 16.

[24]      See for example, Lorel Thomas, Cluster Munition Coalition, Committee Hansard, 3 March 2011, p. 4.

[25]      Australian Red Cross, Submission 21, p. 3; Australian Network to Ban Landmines and Cluster Munitions, Submission 3, p. [4]; Aotearoa New Zealand Cluster Munitions Coalition, Submission 6, p. [2]; Act for Peace, Submission 17, pp. [6–7]; Afghan Landmine Survivors' Organization, Submission 13, p. 3; Human Rights Watch and IHRC, Submission 7, p. 5.

[26]      Lorel Thomas, Cluster Munitions Coalition, Committee Hansard, 3 March 2011, p. 4.

[27]      Australian Network to Ban Landmines and Cluster Munitions, Submission 3, p. [5].

[28]      Law Council of Australia, Submission 20, p. 8. The Law Council of Australia expresses no views about such criticisms of Australia's approach to interoperability in Article 21.

[29]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 14.

[30]      Australian Network to Ban Landmines and Cluster Munitions, Submission 3, p. [4].

[31]      Human Rights Watch and International Human Rights Clinic, Submission 7, p. 6.

[32]      Human Rights Watch and International Human Rights Clinic, Submission 7, p. 6.

[33]      Australian Red Cross, Submission 21, p. 3.

[34]      International Committee of the Red Cross, Submission 9, p. 2.

[35]      Australian Lawyers for Human Rights, Submission 19, p. [11].

[36]      Australian Lawyers for Human Rights, Submission 19, p. [4].  See further, paragraph 2 of the Convention preamble.

[37]      Australian Network to Ban Landmines and Cluster Munitions, Submission 3, p. [5].

[38]      Law Council of Australia, Submission 20, p. 10.

[39]      See for example, International Committee of the Red Cross, Submission 9, p. 3. See also the discussion on the New Zealand legislation at the committee hearing, Committee Hansard, 3 March 2011, pp. 5–6.

[40]      Cluster Munitions Prohibition Act 2009, Section 11(6), http://www.legislation.govt.nz/act/public/2009/0068/latest/DLM2171672.html (accessed 28 January 2011).

[41]      Human Rights Watch and IHRC, Submission 7, pp. 6–7; Australian Network to Ban Landmines and Cluster Munitions, Submission 3, p. [5]; Union Aid Abroad–APHEDA, Submission 12, p. [3]; CBM Australia, Submission 11, p. 3; Australian Lawyers for Human Rights, Submission 19, p. [2]; Oxfam Australia, Submission 14, p. 2; Cluster Munition Coalition, Submission 22; Aotearoa New Zealand Cluster Munitions Coalition, Submission 6, p. [2].

[42]      Australian Red Cross, Submission 21, p. 3. See also, Human Rights Watch and International Human Rights Clinic, Submission 7, p. 5.

[43]      Aotearoa New Zealand Cluster Munitions Coalition, Submission 6, pp. [2–3]; Union Aid Abroad–APHEDA, Submission 12, p. [3]; CBM Australia, Submission 11, p. 3; Australian Lawyers for Human Rights, Submission 19, p. [2]; Human Rights Watch and International Human Rights Clinic, Submission 7, p. 7; Afghan Landmine Survivors' Organization, Submission 13, p. 3.

[44]      Human Rights Watch and International Human Rights Clinic, Submission 7, p. 8.

[45]      Medical Association for Prevention of War (Australia), Submission 15, p. 5.

[46]      Human Rights Watch and International Human Rights Clinic, Submission 7, p. 7.

[47]      Law Council of Australia, Submission 20, p. 12.

[48]      Department of Foreign Affairs and Trade, Additional information, received 1 March 2011.

[49]      The Hon Robert McClelland MP, Attorney-General, Second Reading Speech, House Hansard, 27 October 2010, p. 9.

[50]      Australia, Canada, Czech Republic, Denmark, Finland, France, Germany, Italy, Netherlands, Sweden, Switzerland, United Kingdom, 'Discussion paper Cluster Munitions and Inter-Operability: The Oslo-Process Discussion Text and Implications for International Operations', Wellington Conference on Cluster Munitions, February 18–22, 2008, p. [2],  http://www.delegfrance-cd-geneve.org/declarations/ssdos_decl_sous_munitions/discussion-paper-like-minded-conf-wellingtion.pdf (accessed 14 December 2010).

[51]      Lieutenant General David Hurley, Department of Defence, Committee Hansard, 3 March 2011, p. 20.

[52]      Attorney-General's Department, Additional information, received 28 February 2011, p. 5.

[53]      Attorney-General's Department, Additional information, received 28 February 2011, p. 3.

[54]      Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. 12. See also Attorney-General's Department, Additional information, received 28 February 2011, p. 4.

[55]      Committee Hansard, 3 March 2011, p. 19.

[56]      Government Response to Joint Standing Committee on Treaties Report No 103 on the Convention on Cluster Munitions, 13 May 2010, pp. 1–2.

[57]      Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. 13.

[58]      Attorney-General, Minister for Foreign Affairs, Minister for Defence, Submission 24, p. 3.

[59]      Attorney-General's Department, Additional information, received 28 February 2011, p. 3.

[60]      Attorney General, Minister for Foreign Affairs, Minister for Defence, Submission 24, p. 3.

[61]      Department of Defence, Additional information, received 2 March 2011, p. 1.

[62]      Attorney-General, Minister for Foreign Affairs, Minister for Defence, Submission 24, p. 3.

[63]      Department of Defence, Additional information, received 2 March 2011, p. 1.

[64]      Department of Defence, Additional information, received 2 March 2011, p. 1. See also, Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 21.

[65]      Department of Defence, Additional information, received 2 March 2011, p. 2.

[66]      Department of Defence, Additional information, received 2 March 2011, p. 2.

[67]      Australia, Canada, Czech Republic, Denmark, Finland, France, Germany, Italy, Netherlands, Sweden, Switzerland, United Kingdom, 'Discussion paper Cluster Munitions and Inter-Operability: The Oslo-Process Discussion Text and Implications for International Operations', Wellington Conference on Cluster Munitions, February 18–22, 2008, p. [2],  http://www.delegfrance-cd-geneve.org/declarations/ssdos_decl_sous_munitions/discussion-paper-like-minded-conf-wellingtion.pdf (accessed 14 December 2010).

[68]      Australia, Canada, Czech Republic, Denmark, Finland, France, Germany, Italy, Netherlands, Sweden, Switzerland, United Kingdom, 'Discussion paper Cluster Munitions and Inter-Operability: The Oslo-Process Discussion Text and Implications for International Operations', Wellington Conference on Cluster Munitions, February 18–22, 2008, p. [2],  http://www.delegfrance-cd-geneve.org/declarations/ssdos_decl_sous_munitions/discussion-paper-like-minded-conf-wellingtion.pdf (accessed 14 December 2010).

[69]      Department of Foreign Affairs and Trade, Additional information, received 1 March 2011, p. 4.

[70]      Attorney-General's Department, Additional information, received 28 February 2011, p. 6.

[71]      Article 21(1) requires states parties to encourage non-states parties to 'ratify, accept, approve or accede' to the Convention with the 'goal of attracting the adherence of all States to this Convention'. Article 21(2) requires that states parties notify non-states parties of their obligations under the Convention, to promote the Convention's norms and to make 'its best efforts to discourage States not party to this Convention from using cluster munitions'.

[72]      Australian Red Cross, Submission 21, p. 2; Medical Association for Prevention of War (Australia), Submission 15, pp. 6–7.

[73]      See for example, International Committee of the Red Cross, Submission 9, p. 2.

[74]      Union Aid Abroad–APHEDA, Submission 12, p. [3].

[75]      Human Rights Watch and International Human Rights Clinic, Submission 7, p. 14; Oxfam Australia, Submission 14, p. 3; Medical Association for Prevention of War (Australia), Submission 15, p. 7; CBM Australia, Submission 11, p. 4; Aotearoa New Zealand Cluster Munitions Coalition, Submission 6, p. [4].

[76]      Submitter 16 for example highlighted the obligations of states parties in relation to victim assistance under the Convention and commitment to respond (Submission 16, p. [2]). See also Act for Peace in relation to stockpile destruction, clearance and risk reduction education (Submission 17, p. [4]).  Afghan Landmine Survivors' Organization also supported recognition of victim assistance as well as provisions for cooperation and universalisation of the treaty in the bill (Submission 13, p. 3).

[77]      Australian Lawyers for Human Rights, Submission 19, p. [2].

[78]      Human Rights Watch and International Human Rights Clinic, Submission 7, p. 1; Australian Network to Ban Landmines and Cluster Munitions, Submission 3, p. [10].

[79]      Lorel Thomas, Cluster Munition Coalition, Committee Hansard, 3 March 2011, p. 7.

[80]      Department of Defence, Additional information, received 2 March 2011, pp. 2–3.

[81]      Greg Manning, Attorney-General's Department, Committee Hansard, 3 March 2011, p. 19.

[82]      Attorney-General's Department, Additional information, received 28 February 2011, pp. 5–6.

[83]      Attorney-General's Department, Additional information, received 28 February 2011, p. 8.

[84]      Greg Manning, Attorney-General's Department, Committee Hansard, 3 March 2011, p. 24.

[85]      Greg Manning, Attorney-General's Department, Committee Hansard, 3 March 2011, p. 17.

[86]      Department of Foreign Affairs & Trade, Additional information, received 1 March 2011, p. 11.

[87]      Department of Foreign Affairs & Trade, Additional information, received 1 March 2011, p. 5.

[88]      Department of Foreign Affairs & Trade, Additional information, received 1 March 2011, p. 3.

[89]      Attorney-General's Department, Additional information, received 28 February 2011, pp. 5–6.

[90]      Department of Foreign Affairs & Trade, Additional information, received 1 March 2011, p. 5.

[91]      Department of Foreign Affairs & Trade, Additional information, received 1 March 2011, p. 5.

[92]      Attorney-General's Department, Additional information, received 28 February 2011, p. 8.

[93]      Department of Foreign Affairs & Trade, Additional information, received 1 March 2011, p. 10.

Chapter 5 - Transit, retention and stockpiling of cluster munitions on Australian territory by non-states parties

[1]        Human Rights Watch, Promoting the Prohibitions, The Need for Strong Interpretations of the Convention on Cluster Munitions, November 2010, p. 8, http://www.hrw.org/en/news/2010/11/06/promoting-prohibitions (accessed 18 January 2011).

[2]        Human Rights Watch, Promoting the Prohibitions, The Need for Strong Interpretations of the Convention on Cluster Munitions, November 2010, pp. 8–9,  http://www.hrw.org/en/news/2010/11/06/promoting-prohibitions (accessed 19 January 2011).

[3]        International Campaign to Ban Landmines and Cluster Munition Coalition, Cluster Munition Monitor 2010, Country Profile – France, October 2010, http://www.the-monitor.org/index.php/cp/display/region_profiles/theme/144#_ftnref26 (accessed 19 January 2011).

[4]        International Campaign to Ban Landmines and Cluster Munition Coalition, Banning Cluster Munitions: Government Policy and Practice, Global Overview of Government Policy and Practice, 2009, http://www.the-monitor.org/index.php/publications/display?url=cm/2009 (accessed 18 January 2011).

[5]        International Campaign to Ban Landmines and Cluster Munition Coalition, Banning Cluster Munitions: Government Policy and Practice, Netherlands, 2009, http://www.the-monitor.org/index.php/cp/display/region_profiles/theme/595 (accessed 18 January 2011).

[6]        International Campaign to Ban Landmines and Cluster Munition Coalition, Cluster Munitions Monitor 2010, Portugal, http://www.the-monitor.org/custom/index.php/region_profiles/print_theme/582 (accessed 18 January 2011).

[7]        Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, ss. 72.42(1)(b).

[8]        Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. 2.

[9]        Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. 18.

[10]      Explanatory Memorandum, Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010, p. 15.

[11]      Australian Red Cross, Submission 21, p. 3.

[12]      See for example, Australian Network to Ban Landmines and Cluster Munitions, Submission 3, p. [5]; Human Rights Watch and International Human Rights Clinic, Submission 7, p. 8; Australian Lawyers for Human Rights, Submission 19, p. [2]; Union Aid Abroad–APHEDA, Submission 12, p. [3]; Oxfam Australia, Submission 14, p. 3; Afghan Landmine Survivors' Organization, Submission 13, p. 2; Medical Association for Prevention of War (Australia), Submission 15, p. 5; Aotearoa New Zealand Cluster Munitions Coalition, Submission 6, p. [3].

[13]      International Committee of the Red Cross, Submission 9, p. 4.

[14]      International Committee of the Red Cross, Submission 9, p. 4.

[15]      Australian Lawyers for Human Rights, Submission 19, p. [12].

[16]      Human Rights Watch and International Human Rights Clinic, Submission 7, p. 10.

[17]      International Committee of the Red Cross, Submission 9, p. 4.

[18]      Australian Network to Ban Landmines and Cluster Munitions Inc, Submission 3, pp. [6–7]; Oxfam Australia, Submission 14, p. 3; International Committee of the Red Cross, Submission 9, p. 5; Medical Association for Prevention of War (Australia), Submission 15, p. 5; Aotearoa New Zealand Cluster Munitions Coalition, Submission 6, p. [3]; Cluster Munition Coalition, Submission 22; Union Aid Abroad–APHEDA, Submission 12, p. [3]; Australian Red Cross, Submission 21, p. 3; Human Rights Watch and IHRC, Submission 7, p. 10; CBM Australia, Submission 11, p. 3.

[19]      Human Rights Watch and International Human Rights Clinic, Submission 7, pp. 9–10.

[20]      Explanatory Memorandum, Criminal Code Amendment, (Cluster Munitions Prohibition) Bill 2010, p. 14.

[21]      Department of Defence, Additional information, received 2 March 2011, p. 5.

[22]      Department of Defence, Additional information, received 2 March 2011, p. 5. See also, Attorney-General's Department, Additional information, received 28 February 2011, p. 7.

[23]      Department of Defence, Additional information, received 2 March 2011, p. 5.

[24]      Explanatory Memorandum, Criminal Code Amendment, (Cluster Munitions Prohibition) Bill 2010, p. 14; Department of Foreign Affairs & Trade, Additional information, received 1 March 2011, p. 7.

[25]      Attorney-General's Department, Additional information, received 28 February 2011, pp. 6 –7.

[26]      Attorney-General's Department, Additional information, received 28 February 2011, p. 7.

[27]      Department of Foreign Affairs & Trade, Additional information, received 1 March 2011,       pp. 8–9.

[28]      Lieutenant General David Hurley, Department of Defence, Committee Hansard, 3 March 2011, p. 22.

[29]      Department of Defence, Additional information, received 2 March 2011, pp. 2–3.

[30]      Department of Defence, Additional information, received 2 March 2011, p. 3.

[31]      Department of Foreign Affairs & Trade, Additional information, received 1 March 2011, p. 4.

[32]      Department of Defence, Additional information, received 2 March 2011, p. 5; Department of Foreign Affairs & Trade, Additional information, received 1 March 2011, p. 9.

Chapter 6 - Investment in cluster munitions production

[1]        Attorney-General, Second Reading Speech, House Hansard, 27 October 2010, p. 8.

[2]        Attorney-General, Minister for Foreign Affairs, Minister for Defence, Submission 24, p. 4.

[3]        Human Rights Watch, Promoting the Prohibitions, The Need for Strong Interpretations of the Convention on Cluster Munitions, November 2010, p. 10, http://www.hrw.org/en/news/2010/11/06/promoting-prohibitions (accessed 14 December 2010).

[4]        Human Rights Watch, Promoting the Prohibitions, The Need for Strong Interpretations of the Convention on Cluster Munitions, November 2010, p. 10, http://www.hrw.org/en/news/2010/11/06/promoting-prohibitions (accessed 14 December 2010).

[5]        Cluster Munition Coalition and International Campaign to Ban Landmines, Cluster Munition Monitor 2010, Cluster Munition Ban Policy – New Zealand, http://www.the-monitor.org/index.php/cp/display/region_profiles/theme/564 (accessed 9 December 2010).

[6]        Foreign and Commonwealth Office, The Financing of Cluster Munitions Production, Written Ministerial Statement, 7 December 2009, http://www.stopexplosiveinvestments.org/uploads/pdf/UK%20Ministerial%20statement.pdf (accessed 9 December 2010).

[7]        Jon Lunn, Cluster Munitions (Prohibitions) Bill [HL], Research paper 10/11, House of Commons Library, 11 February 2010, p. 7, http://www.parliament.uk/briefingpapers/commons/lib/research/rp2010/RP10-011.pdf (accessed 12 January 2011).

[8]        Jon Lunn, Cluster Munitions (Prohibitions) Bill [HL], Research paper 10/11, House of Commons Library, 11 February 2010, p. 24, http://www.parliament.uk/briefingpapers/commons/lib/research/rp2010/RP10-011.pdf (accessed 12 January 2011).

[9]        Foreign and Commonwealth Office, 'Cluster bombs ban moves a step closer', Press Release, 17 March 2010, http://www.fco.gov.uk/en/news/latest-news/?view=News&id=21900970 (accessed 9 December 2010).

[10]      Foreign and Commonwealth Office, 'The Financing of Cluster Munitions Production', Written Ministerial Statement, 7 December 2009, http://www.stopexplosiveinvestments.org/uploads/pdf/UK%20Ministerial%20statement.pdf (accessed 9 December 2010).

[11]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 23.

[12]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 23.

[13]      Joint Standing Committee on Treaties, Report No 103, Treaties tabled on 12 March and 13 May 2009, 18 August 2009, p. 27.

[14]      Sally McGushin, Submission 1; Willy Bach, Submission 2; Australian Council of Superannuation Investors, Submission 4; Robert Rands, Submission 5; Aotearoa New Zealand Cluster Munitions Coalition, Submission 6, pp. [3–4]; Uniting Church in Australia–Synod of Victoria and Tasmania, Submission 8, p. 1; Quaker Peace and Justice Committee, Submission 10; CBM Australia, Submission 11, p. 3; Union Aid Abroad–APHEDA, Submission 12, p. [1]; Australian Lawyers for Human Rights, Submission 19, p. [2]; Law Council of Australia, Submission 20, p. 12; Oxfam Australia, Submission 14, p. 3, Adrian von der Borch, Submission 25.

[15]      Australian Lawyers for Human Rights, Submission 19, p. [13].

[16]      Act for Peace, Submission 18, p. 4.

[17]      Human Rights Watch and International Human Rights Clinic, Submission 7, p. 13.

[18]      Robert Rands, Submission 5, p. [2].

[19]      Australian Council of Superannuation Investors, Submission 4, p. [1].

[20]      Australian Council of Superannuation Investors, Submission 4, p. [1].

[21]      Azhar Abidi, Australian Council of Superannuation Investors, Committee Hansard, 3 March 2011, p. 15.

[22]      Australian Council of Superannuation Investors, Submission 4A, [1]. See also IKV Pax Christi and Netwerk Vlaanderen, Worldwide Investments in Cluster Munitions: A Shared Responsibility, April 2010, p. 8, http://www.ikvpaxchristi.nl/files/Documenten/wap%20cluster%20munitie/Clustermunition/Stop%20Explosive%20Investments/2010%20Worldwide%20Investments%20in%20Cluster%20Munitions%20-%20April%202010%20update%20full%20report%20DEF.pdf (accessed 15 December 2010).

[23]      Australian Council of Superannuation Investors, Submission 4, p. [1].

[24]      Australian Council of Superannuation Investors, Submission 4, pp. [1–2].

[25]      Australian Council of Superannuation Investors, Submission 4, p. [3].

[26]      Australian Council of Superannuation Investors, Submission 4, p. [3].

[27]      Australian Council of Superannuation Investors, Submission 4, p. [3].

[28]      Australian Council of Superannuation Investors, Submission 4, p. [3].

[29]      Department of Foreign Affairs & Trade, Additional information, 1 March 2011, pp. 11–12. 

[30]      Attorney-General's Department, Additional information, received 28 February 2011, p. 9.

[31]      Attorney-General's Department, Additional information, received 28 February 2011, p. 9.

[32]      Department of Foreign Affairs & Trade, Additional information, received 1 March 2011, p. 11.

[33]      Attorney-General's Department, Additional information, received 28 February 2011, p. 9.

[34]      Attorney-General, Minister for Foreign Affairs, Minister for Defence, Submission 24, p. 4.

[35]      Greg Manning, Attorney-General's Department, Committee Hansard, 3 March 2011, pp. 24–25.

[36]      Greg Manning, Attorney-General's Department, Committee Hansard, 3 March 2011, p. 25.

[37]      Greg Manning, Attorney-General's Department, Committee Hansard, 3 March 2011, p. 24.

[38]      Greg Manning, Attorney-General's Department, Committee Hansard, 3 March 2011, p. 26.

[39]      Attorney-General, Minister for Foreign Affairs, Minister for Defence, Submission 24, p. 1.