Practice Relating to Rule 71. Weapons That Are by Nature Indiscriminate
Senegal’s Penal Code (1965), as amended in 2007, states that the following constitute war crimes:
[O]ther serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
17. employing weapons, projectiles, material and methods of combat which are … inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles, material and methods of combat are the subject of a comprehensive prohibition and that they are prohibited by an annex to the Rome Statute of the International Criminal Court adopted according to the provisions of its Articles 121 and 123.
Senegal’s Law Authorizing Ratification of the 2008 Convention on Cluster Munitions (2010) states:
Concerned that cluster munition remnants kill or maim civilians, including women and children, obstruct economic and social development, and impede post-conflict rehabilitation and reconstruction, States Parties adopted the Convention on Cluster Munitions, in Dublin (Ireland) on 30 May 2008.
In adopting this Convention, States have put in place the keystone of the international legal structure established to overcome these weapons that do not stop killing.
This text, which is inspired by the UN Charter and the rules of international humanitarian law, aims to reduce, as much as possible, the risks following from cluster munition weapons and the effects of such arms on civilian populations and persons.
In ratifying this Convention, Senegal, a country without stockpiles of cluster munitions, is thus making a significant contribution to the future prohibition on the use of these weapons, given their indiscriminate effects.