[Congressional Record Volume 141, Number 55 (Friday, March 24, 1995)]
[Senate]
[Pages S4568-S4569]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION
   CONVENTION ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF CERTAIN 
                          CONVENTIONAL WEAPONS

  Mr. DOLE. I ask unanimous consent that the Senate proceed to 
executive session to consider the following treaty: convention on 
prohibitions or restrictions on the use of certain conventional weapons 
(Treaty Cal. 1).
  I further ask unanimous consent that the treaty be considered as 
having passed through its various parliamentary stages up to and 
including the presentation of the resolution of ratification: that the 
seven conditions recommended by the Committee on Foreign Relations be 
considered as having been offered and agreed to, en bloc, and that the 
motion to reconsider be laid upon the table; that no other amendments, 
conditions, declarations, provisos, reservations or understandings be 
in order; that any statements be inserted in the Congressional Record 
as if read; that when the resolution of ratification is agreed to, the 
motion to reconsider be laid upon the table; that the President be 
notified of the Senate's action and that the following disposition of 
the treaty, the Senate return to legislation session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOLE. Mr. President, I ask for consideration of the resolution of 
ratification by a division vote.
  The PRESIDING OFFICER. A division is requested. Senators in favor of 
the resolution of ratification will please stand and be counted. [After 
a pause.]
  Those opposed to ratification please rise and stand to be counted.
  On a division, two-thirds of the Senators present and voting having 
voted in the affirmative, the resolution of ratification is agreed to 
as follows:

       Resolved (two-thirds of the Senators present concurring 
     therein), That (a) the Senate advise and consent to the 
     ratification of the following Convention and two accompanying 
     Protocols, concluded at Geneva on October 10, 1980 (contained 
     in Treaty Document 103-25), subject to the conditions of 
     subsections (b) and (c):
       (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 (in 
     this resolution referred to as the ``Convention'').
       (2) The Protocol on Non-Detectable Fragments (in this 
     resolution referred to as ``Protocol I'').
       (3) The Protocol on Prohibitions or Restrictions on the Use 
     of Mines, Booby-Traps and Other Devices, together with its 
     technical annex (in this resolution referred to as ``Protocol 
     II'').
       (b) The advice and consent of the Senate under subsection 
     (a) is given subject to the following conditions, which shall 
     be included in the instrument of ratification of the 
     Convention:
       (1) Reservation.--Article 7(4)(b) of the Convention shall 
     not apply with respect to the United States.
       (2) Declaration.--The United States declares, with 
     reference to the scope of application defined in Article 1 of 
     the Convention, that the United States will apply the 
     provisions of the Convention, Protocol I, and Protocol II to 
     all armed conflicts referred to in Articles 2 and 3 common to 
     the Geneva Conventions for the Protection of War Victims of 
     August 12, 1949.
       (3) Understanding.--The United States understands that 
     Article 6(1) of Protocol II does not prohibit the adaptation 
     for use as booby-traps of portable objects created for a 
     purpose other than as a booby-trap if the adaptation does not 
     violate paragraph (1)(b) of the Article.
       (4) Understanding.--The United States considers that the 
     fourth paragraph of the preamble to the Convention, which 
     refers to the substance of provisions of Article 35(3) and 
     Article 55(1) of Additional Protocol I to the Geneva 
     Conventions for the Protection of War Victims of August 12, 
     1949, applies only to States which have accepted those 
     provisions.
       (c) The advice and consent of the Senate under subsection 
     (a) is given subject to the following conditions, which are 
     not required to be included in the instrument of ratification 
     of the Convention:
       (1) Declaration.--Any amendment to the Convention, Protocol 
     I, or Protocol II (including any amendment establishing a 
     commission to implement or verify compliance with the 
     Convention, Protocol I, or Protocol II), any adherence by the 
     United States to Protocol III to the Convention, or the 
     adoption of any additional protocol to the Convention, will 
     enter into force with respect to the United States only 
     pursuant to the treaty-making power of the President, by and 
     with the advice and consent of the Senate, as set forth in 
     Article II, Section 2, Clause 2 of the Constitution of the 
     United States.
       (2) Declaration.--The Senate notes the statements by the 
     President and the Secretary of State in the letters 
     accompanying transmittal of the Convention to the Senate that 
     there are concerns about the acceptability of Protocol III to 
     the Convention from a military point of view that require 
     further examination and that Protocol III should be given 
     further study by the United States Government on an 
     interagency basis. Accordingly, the Senate urges the 
     President to complete the process of review with respect to 
     Protocol III and to report the results to the Senate on the 
     date of submission to the Senate of any amendments which may 
     be concluded at the 1995 international conference for review 
     of the Convention.
       [[Page S4569]] (3) Statement.--The Senate recognizes the 
     expressed intention of the President to negotiate amendments 
     or protocols to the Convention to carry out the following 
     objectives:
       (A) An expansion of the scope of Protocol II to include 
     internal armed conflicts.
       (B) A requirement that all remotely delivered mines shall 
     be equipped with self-destruct devices.
       (C) A requirement that manually emplaced antipersonnel 
     mines without self-destruct devices or backup self-
     deactivation features shall be used only within controlled, 
     marked, and monitored minefields.
       (D) A requirement that all mines shall be detectable using 
     commonly available technology.
       (E) A requirement that the party laying mines assumes 
     responsibility for them.
       (F) The establishment of an effective mechanism to verify 
     compliance with Protocol II.

  Mr. DOLE. Mr. President, I ask unanimous consent a letter directed to 
the chairman be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:
                                             United States Senate,


                                  Committee on Armed Services,

                                   Washington, DC, March 22, 1995.
     Hon. Jesse Helms,
     Chairman, Foreign Relations Committee, U.S. Senate, 
         Washington, DC.
       Dear Mr. Chairman: The Committee on Armed Services has 
     conducted a brief review of the military implications of the 
     Convention on Conventional Weapons (Treaty Document 103-25). 
     We understand that the Administration has requested the 
     Senate to provide its advice and consent to ratification at 
     the earliest possible time, so that the United States may 
     participate in the Review Conference scheduled to begin 
     September 25, 1995.
       The Committee's understanding is that for humanitarian 
     purposes the Convention is intended to restrict the use of 
     specific types of conventional weapons in armed conflicts, 
     specifically, landmines and booby-traps.
       Like the Committee on Foreign Relations, the Committee on 
     Armed Services has concerns about the Treaty, which include:
       (1) The effectiveness of the Convention having been 
     ratified by only 42 States Parties;
       (2) Future amendments to the Convention, that are meant to 
     improve its effectiveness; and,
       (3) The impact of Protocol III on NATO operations.


                      effectiveness of convention
       We understand that the Convention is part of a broader 
     program of humanitarian conventions to restrict the 
     production, use, and export of landmines, which the 
     Administration would like to have other countries join, to 
     reduce civilian casualties.
       The United States military services have identified 
     landmines as a significant threat to future force projections 
     and military operations other than war, including 
     peacekeeping and humanitarian assistance. The use of 
     landmines in internal conflicts in undeveloped countries is 
     particularly acute in Africa, Asia, and Latin America. 
     Training and education assistance for humanitarian landmine 
     clearing activities, as well
      as development of technology for mine detection, 
     classification, mapping and neutralization, is being 
     provided to these regions by the Department of Defense and 
     the military services.
       The Committee strongly urges the Administration to 
     encourage the countries in the regions in which the United 
     States is providing assistance in humanitarian landmine 
     activities, to ratify, and adhere to the Convention. 
     Additionally, the Committee urges the Administration to seek 
     assistance from the other parties to the Convention, during 
     the Review Conference, and in bilateral discussions with non-
     parties, to encourage the undeveloped nations of Africa, Asia 
     and Latin America to ratify the Convention.


                  Future Amendments to the Convention

       The Committee understands that the Administration intends 
     to offer amendments to the Convention during the September 
     1995 Review Conference with regard to establishing a 
     verification and compliance commission, to tighten 
     restrictions on the use of landmines, and to ensure exclusion 
     of command-detonated Claymore mines from such restrictions.
       The Committee enjoins the Administration to consult closely 
     with the relevant congressional committees prior to the 
     tabling and negotiation of amendments to the Convention.


                    NATO Operations and protocol III

       The United States is concerned about restrictions on the 
     use of air-delivered incendiaries in Protocol III, from both 
     a military and humanitarian perspective, and as such, the 
     Administration did not submit it to the Senate for its advice 
     and consent to ratification.
       During a briefing on the Convention with the Administration 
     interagency team, it was brought to the Committee's attention 
     that with the exception of France, all other countries 
     ratifying the Convention accepted Protocol III.
       The Committee is concerned about the impact on NATO 
     operations resulting from ratification of Protocol III by a 
     number of our alliance partners.


                        Committee Recommendation

       The Committee has reviewed the Convention on Conventional 
     Weapons Convention Resolution of Ratification approved by the 
     Committee on Foreign Relations on March 22, 1995. With the 
     following concerns noted, the Committee agrees with the 
     Foreign Relations Committee's actions on this Treaty.
       The Committee is concerned about the Administration's plans 
     for amendments to the Convention, particularly the 
     establishment of a Commission. The Committee believes it is 
     important to ensure that a large, expensive bureaucracy is 
     not established and that the precedent-setting nature of an 
     enforcement commission must be carefully considered.
       Second, the Committee believes that command-detonated 
     Claymore-type mines must be excluded from the coverage of any 
     future amendments intended to tighten restrictions on the use 
     of landmines.
       We have consulted with all Members of the Committee on the 
     views, recommendations, and understandings contained in this 
     report.
       We are pleased to advise you of the Committee's advice and 
     consent to ratification of this Convention.
           Sincerely,
     Sam Nunn,
       Ranking Member.
     Strom Thurmond,
       Chairman.
       

                          ____________________