Text - Resolution of Ratification: Senate Consideration of Treaty Document 103-25All Information (Except Treaty Text)



TEXT OF RESOLUTION OF ADVISE AND CONSENT TO RATIFICATION AS REPORTED BY THE COMMITTEE ON FOREIGN RELATIONS AND APPROVED BY THE SENATE\
@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 co nsiders 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 farther 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.\
(3) STATEMENT. - The Senate recognizes the expressed intention of the President to negotiate amendments or protocols to the Convention to carry out the fol lowing 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.\