Five-Year Review: State Party Ireland was one of the first 30 ratifications that triggered the convention’s entry into force on 1 August 2010. It enacted implementation legislation in 2008, prior to signing and ratifying the convention. Ireland has attended all of the convention’s meetings and works to promote universalization of the convention. Ireland has frequently condemned new use of cluster munitions, including in Libya, South Sudan, Syria, Ukraine, and Yemen. Ireland has elaborated its views on several important issues relating to the interpretation and implementation of the convention.

In its initial transparency report for the convention provided in 2011, Ireland confirmed it has never used, produced, transferred, or stockpiled cluster munitions and has not retained any for training or research purposes.

Policy

Ireland both signed and ratified the Convention on Cluster Munitions on 3 December 2008. It was among the first 30 ratifications that triggered entry into force of the convention on 1 August 2010.

Ireland’s implementing legislation for the convention is the Cluster Munitions and Anti-Personnel Mines Act 2008.[1] In 2009, the Irish Defence Forces issued an instruction to all Irish commanders and staff officers serving overseas laying down “strict parameters for implementation” of the act, “including inter alia directives concerning engagement in military cooperation and operations with states not party to the convention.”[2]

Ireland submitted its initial Article 7 report for the Convention on Cluster Munitions on 27 January 2011 and has provided annual updated reports since, most recently in June 2015.[3]

Ireland was a driving force behind the Oslo Process that produced the Convention on Cluster Munitions and was a member of the small “Core Group” of nations that took responsibility for steering the process to its successful conclusion. Ireland hosted the formal negotiations of the convention in Dublin in May 2008 and bears a great deal of the responsibility for the successful outcome of the negotiations and the strength of the convention.[4]

Ireland engages proactively in the work of the Convention on Cluster Munitions. It has participated in every Meeting of States Parties of the convention, including the Fifth Meeting of States Parties in San José, Costa Rica in September 2014. Ireland has attended all of the convention’s intersessional meetings in Geneva, most recently in June 2015.

Ireland continues to promote the Convention on Cluster Munitions, including its universalization. In a March 2015 statement to the Conference on Disarmament, Ireland’s Minister of Foreign Affairs and Trade, Charlie Flanagan, highlighted the convention for “contributing to establishing strong international norms and outlawing those weapons which are found to be indiscriminate or inhumane in their effects.”[5]

At the Fifth Meeting of States Parties in September 2014, Ireland stated the convention is “establishing a new norm in international humanitarian law and the establishment of such a norm naturally implies aiming for universal acceptance of that norm” emphasizing the convention’s “impressive level of adherence” and its “unarguable stigmatisation impact.”[6] Ireland committed to “continue to advocate for greater adherence through bilateral contacts with non-states parties as well as through the opportunities provided by multi-lateral conferences in a variety of forums.” It pledged to “continue to do this, even when not successful, as it is vital to maintain these channels of communication.”[7]

In June 2015, Ireland again condemned the use of cluster munitions in Syria and expressed deep concern at reports of new use of cluster munitions in Libya, South Sudan, Ukraine, and Yemen. Ireland called on states and non-state armed groups to not use cluster munitions and urged states not party to join the convention as soon as possible.[8] Ireland called on States Parties to clearly condemn the use of cluster munitions, as the convention’s First Review Conference provides an important opportunity to further strengthen and solidify the norm against the use of cluster munitions.[9]

At the UN General Assembly (UNGA) First Committee on Disarmament and International Security in October 2014, Ireland said it was “horrified to hear of ongoing use of cluster munitions in Syria, this year and are deeply concerned about reports of use in Ukraine and in South Sudan.”[10] At the Fifth Meeting of States Parties in September 2014, Ireland condemned “the ongoing use of cluster munitions by and in Syria” and stated “equally, we are deeply concerned about reports of use in Ukraine and in South Sudan.” It called on all states to refrain from using cluster munitions and join the Convention on Cluster Munitions, noting how the use of cluster munitions “in armed conflicts on three continents demonstrates the vital importance of working to broaden adherence to” the convention.[11]

Ireland has condemned the use of cluster munitions in Syria since 2012.[12] It voted in favor of four Human Rights Council resolutions in 2014 and 2015 that condemned the use of cluster munitions in Syria, most recently on 2 July 2015.[13] Ireland has also voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, most recently Resolution 69/189 on 18 December 2014, which expressed “outrage” at the continued use.[14]

Interpretive issues

Ireland has elaborated its views on several important issues relating to the interpretation and implementation of the Convention on Cluster Munitions.

With respect to the prohibition on assistance with prohibited acts during joint military operations and the provisions of Article 21 of the convention, Ireland stated in 2009 that “any deliberate assistance in the commission of an act prohibited by the Convention in the context of military co-operation with a state not party will be inconsistent with this obligation to make its best efforts to discourage the use of cluster munitions by the latter and that Article 21(3) must be interpreted accordingly.”[15] Ireland’s national legislation includes a section on implementation of Article 21, which the Department of Foreign Affairs has said “is not to enable assistance with prohibited acts…Rather, this provision is intended to ensure that no person may be prosecuted for an act or omission that might otherwise constitute assistance but is unintended or inadvertent, or has only a remote or indirect relationship to the commission of a prohibited act by a state not party to the Convention.”[16]

Regarding the prohibition on the transit of cluster munitions across, and the foreign stockpiling of cluster munitions on, the territory of States Parties to the convention, in 2011 Ireland stated that it “recognizes that in any case in which these issues might arise it will be necessary to consider to what extent at all, the provisions of Article 21 of the Convention apply,” adding that “inevitably this may be different in each case.”[17]

Ireland’s implementing legislation prohibits investment of public money in cluster munition production, which made Ireland the second country to prohibit investment in cluster munitions and set a leading example for the implementation of the convention.[18] The law contains a clear and unambiguous prohibition on “direct or indirect” investment in cluster munition producers, including producers of components specifically designed for cluster munitions. It stipulates the responsibilities of the investor, including to exercise “due diligence.”[19] Some NGOs have raised concerns about implementation of the law.[20]

Ireland’s National Pensions Reserve Fund, which is responsible for financing Ireland’s national pension requirements, announced the withdrawal of €27 million (US$39,760,200) from six international companies linked to the production of cluster munitions in 2008 following a request from the Irish government.[21] After Ireland enacted implementation legislation on the convention, the National Pension Reserve Fund disinvested from another seven companies and rejected four others from future investments, based on their involvement in the production of cluster munitions or antipersonnel mines.[22]

Use, production, transfer, and stockpiling

Ireland has declared that it has not produced or stockpiled cluster munitions.[23] Ireland has also stated that it has never used or transferred cluster munitions.[24]

Ireland is not retaining any cluster munitions for research or training purposes.[25] Ireland has supported the retention of live cluster munitions for training and research, despite not retaining any cluster munitions itself.[26]