The Convention on Certain Conventional Weapons (CCW), adopted in 1980 and entered into force in 1983, prohibits or limits, in accordance with the principles of International Humanitarian Law, the use of some conventional weapons that are considered to be particularly injurious or to have indiscriminate effects on civilian populations. It is made up of a framework Convention containing general provisions and, currently, five Protocols that prohibit or limit the use of the following classes of weapons:
- Non-detectable fragments (Protocol I);
- Mines, booby-traps, other devices (Protocol II);
- Incendiary weapons (Protocol III);
- Blinding laser weapons (Protocol IV);
- Explosive remnants of war (Protocol V).
To date, 126 States are Party to the Convention (including all major powers) and 4 have signed it. The membership of the Protocols ranges from 96 (Prot. V) to 119 (Prot. I) States Parties.
An amended version of Protocol II, aiming to further limit the use of landmines, was adopted on 3 May 1996 and entered into force on 3 December 1998. Dissatisfaction with this result on the part of several States and civil society, which intended to codify the total ban of anti-personnel landmines, gave the initial impetus to the diplomatic process that led to the adoption of the 1997 Ottawa Treaty. The original Protocol II remains in force for those States Parties that have not ratified the Amended version.
The peculiar characteristic of the CCW, which is partly due to its structure, is represented by its flexibility – the memberships of the Protocols and of the framework convention don’t overlap – and by its constant adaptation to the political and technological changes in the use of the force. The original Treaty was applicable only in instances of international armed conflict, which involved only States. In light of the increasing prevalence of internal conflicts (e.g., civil or ethnic wars), in 2001, the member states of the CCW adopted an amendment, which came into effect in May 2004, extending its provisions to situations of “non-international” armed conflicts (Amendment to Article I of the Convention).
From the point of view of institutional architecture, the CCW eflects its peculiar structure of varying memberships, which created a plurality of legal regimes that work in parallel. All CCW Members participate in the annual Conference of the High Contracting Parties and five-yearly Review Conferences, which are mainly tasked with assessing the implementation status of the CCW and its Protocols, consider the work of the Group of Government Experts (created in 2001) and agree its mandate, which can go from the discussion and analysis of a specific theme or class of weapons, to the negotiation of a new Protocol.
Amended Protocol II (APII) and Protocol V have specific institutional processes, which include annual conferences of the States Parties; APII also has the possibility to establish subsidiary bodies (such as groups of experts), while Protocol V can hold meetings of experts mandated to discuss specific issues relating to its implementation.
For some time the issue of Improvised Explosive Devices (IEDs), whose growing use, particularly by non-state actors, has engendered great concern in the international community, has been included in the agenda of the Group of Experts of APII. Discussions have allowed a fruitful exchange of information on IEDs incidents, their effects, and possible preventive measures. The Group has also been examining the possibility to apply, or the need to adjust, the CCW normative framework with a view to reducing the threat posed by IEDs.
Throughout the years, the Group has developed guidelines, “best practices” and recommendations aimed at stemming the illicit trafficking or use of materials that could be used to build IEDs, which are regularly reviewed and updated. The GoE also adopted a voluntary questionnaire designed to facilitate international cooperation against this growing threat.
In 2013 the Convention’s Group of Experts was tasked with addressing the issue of emerging technologies relating to Lethal Autonomous Weapons Systems (LAWS), the so-called “Killer robots”. In 2019, the Group agreed on 11 Guiding Principles to be used as a basis for its consensus recommendations in relation to the clarification, consideration and development of aspects of the normative and operational framework on emerging technologies in the area of LAWS. The mandate of the GGE – LAWS was renewed during the assembly of the High Contracting Parties of the CCW on November 15-17, 2023. The Group will then be invited to present its conclusions at the next Review Conference in 2026.
One of the most recent positive developments on issues related to those addressed within the CCW framework was the adoption of the Political Declaration on the Protection of Civilians from Humanitarian Consequences Arising from the Use of Explosive Weapons in Populated Areas (EWIPA) in November 2022 during a high-level international conference held in Dublin. The Political Declaration, resulting from a lengthy and complex negotiation process initiated in Geneva in 2019, aims at the ambitious goal of preventing, or more realistically, at least minimizing the use of explosive weapons in populated areas, with the inevitable serious humanitarian consequences it entails. The Declaration also includes an operational component, envisioning periodic verification moments regarding the actual implementation of the commitments made in Dublin by the signatory States.
The Italian participation in the Convention
For Italy, which has ratified all five Protocols and subsequent amendments (Article 1 and Protocol II) of the Convention, the CCW represents a unique forum where the convergence of diverse expertise – diplomatic, legal, military – coupled with the contributions from civil society and specialized institutions, allows to address new or emerging issues related to the use of force and the promotion and development of international humanitarian law. In this perspective, Italy supports the universalization process of the Convention and its annexed Protocols, as well as their implementation by the States Parties.
Italy also funds numerous international assistance programs, focusing particularly on the removal of mines and other unexploded ordnance, including cluster munitions, the destruction of existing stockpiles, and support for victims. Italy encourages continued or renewed efforts by the Convention, especially on specific technologies it deems of particular relevance, such as Mines Other Than Anti-Personnel Mines (MOTAPM) and Improvised Explosive Devices
Main Statements
Meeting of the Group of Governmental Experts on Lethal Autonomous Weapons Systems, 4-8 March 2024:
Amb. Leonardo Bencini:
Convention on Certain Conventional Weapons 13 November 2023:
Amb. Leonardo Bencini
Meeting of the High Contracting Parties of the CCW 15-17 November 2023:
Cons. Eugenio Poti:
Documents and Resources
International Committee of the Red Cross: War and Law
Arms Control Association: “The Convention on Certain Conventional Weapons at a Glance”
