[Weekly Compilation of Presidential Documents Volume 30, Number 19 (Monday, May 16, 1994)]
[Pages 1060-1061]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Message to the Senate Transmitting the Convention and Protocols on
Conventional Weapons Restrictions
May 12, 1994
To the Senate of the United States:
I transmit herewith, for the advice and consent of the Senate to
ratification, 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 Convention), and two
accompanying Protocols on Non-Detectable Fragments (Protocol I) and on
Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other
Devices (Protocol II). Also transmitted for the information of the
Senate is the report of the Department of State with respect to the
Convention and its Protocols.
The Convention was concluded at Geneva on October 10, 1980, was
signed by the United States on April 8, 1982, and entered into force on
December 2, 1983. More than 30 countries have become Party to the
Convention. It constitutes a modest but significant humanitarian effort
to protect the victims of armed conflict from the effects of particular
weapons. It will supplement prohibitions or restrictions on the use of
weapons contained in existing treaties and customary international law,
including the prohibition on the use in war of chemical and
bacteriological weapons in the Geneva Protocol of June 17, 1925. It will
provide a basis for effective controls on the widespread and
indiscriminate use of landmines, which have caused widespread civilian
casualties in recent conflicts.
The Convention and its Protocols restrict, for humanitarian reasons,
the use in armed conflicts of three specific types of conventional
weapons. Protocol I prohibits the use of weapons that rely on fragments
not detectable by X-rays. Protocol II regulates the use of landmines and
similar devices for the purpose of reducing the danger to the civilian
population caused by the indiscriminate use of such weapons, and
prohibits certain types of booby-traps. Protocol III restricts the use
of incendiary weapons in populated areas.
The United States signed the Convention on April 8, 1982. Since
then, it has been sub-
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ject to detailed interagency reviews. Based on these reviews, I have
concluded that the United States should become a Party to the Convention
and to its Protocols I and II. As described in the report of the
Secretary of State, there are concerns about the acceptability of
Protocol III from a military point of view that require further
examination. I therefore recommend that in the meantime the United
States exercise its right under Article 4 of the Convention to accept
only Protocols I and II.
I believe that United States ratification of the Convention and its
Protocols I and II will underscore our commitment to the principle that
belligerents must refrain from weapons or methods of warfare that are
inhumane or unnecessary from a military standpoint. I am also mindful of
the strong sense of the Congress that the Convention should be submitted
to the Senate for advice and consent to ratification, as evidenced in
section 1365 of the National Defense Authorization Act for Fiscal Year
1993 (October 23, 1992, Public Law 102-484) and section 1423 of the
National Defense Authorization Act for Fiscal Year 1994 (November 30,
1993, Public Law 103-160).
More specifically, by becoming Party, we will encourage the
observance by other countries of restrictions on landmines and other
weapons that U.S. Armed Forces and those of our allies already observe
as a matter of humanity, common sense, and sound military doctrine. The
United States will be able to take the lead in negotiating improvements
to the Mines Protocol so as to deal more effectively with the immense
threat to the civilian population caused by the indiscriminate use of
those weapons. It will strengthen our efforts to encourage adoption of a
moratorium on export of all anti-personnel landmines.
I therefore recommend that the Senate give early and favorable
consideration to the Convention and its Protocols I and II and give its
advice and consent to ratification subject to the conditions contained
in the report of the Department of State.
William J. Clinton
The White House,
May 12, 1994.