Slovenia

Cluster Munition Ban Policy

Last updated: 11 August 2015

Five-Year Review: State Party Slovenia was among the first 30 ratifications to trigger the convention’s entry into force on 1 August 2010. Slovenia has declared existing legislation as sufficient to enforce its implementation of the convention. It has participated in almost all of the convention’s meetings and has condemned new use of cluster munitions, including in Libya, Syria, South Sudan, and Ukraine.

In its initial transparency report for the convention, provided in 2011, Slovenia confirmed it has never produced cluster munitions. It is not known to have used or exported them. Slovenia destroyed a stockpile of 1,080 cluster munitions and 52,920 submunitions on 29 July 2011. It is not retaining any cluster munitions for training or research.

Policy

The Republic of Slovenia signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 19 August 2009. It was among the first 30 ratifications to trigger the convention’s entry into force on 1 August 2010.

Slovenia has declared its ratification legislation and relevant sections of its Criminal Code as sufficient national measures to implement the convention.[1] Slovenian officials have said that according to the country’s constitution, international treaties are implemented directly.[2]

Slovenia submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 26 January 2011 and has provided updated reports annually, most recently on 20 April 2015.[3]

Slovenia actively engaged in the Oslo Process that led to the creation of the convention and enacted legislative measures on cluster munitions prior to the conclusion of the process. In July 2007, it adopted a declaration calling on the government to support all international efforts to conclude an international instrument prohibiting cluster munitions and to consider national measures, including appropriate legislation to ban cluster munitions.[4]

Slovenia has continued its committed involvement in the work of the Convention on Cluster Munitions since 2008. It has attended almost all of the convention’s Meetings of States Parties, including the Fifth Meeting of States Parties held in San José, Costa Rica in September 2014. Slovenia has participated in all of the convention’s intersessional meetings in Geneva, including in June 2015. Slovenia also attended a mine action symposium in Biograd, Croatia on 27–29 April 2015, which included discussion on cluster munitions.

At the Fifth Meeting of States Parties, Slovenia expressed concern at the slow pace of universalization of the convention and suggested trying a regional approach to promote ratification and accession, working in partnership with NGOs.[5] 

Slovenia has condemned recent use of cluster munitions in Libya, Syria, South Sudan, and Ukraine, which it described as “a grave violation of international humanitarian law.”[6] At the Fifth Meeting of States Parties, Slovenia called on all parties to the conflict in Ukraine to not use cluster munitions.[7]

Slovenia has condemned the use of cluster munitions in Syria on several occasions since 2012. It has voted in favor of UN General Assembly (UNGA) resolutions condemning the use of cluster munitions in Syria, including Resolution 69/189 on 18 December 2014, which expressed “outrage” at the continued use.[8]

Interpretive issues

Slovenia has elaborated its views on several important issues relating to the interpretation and implementation of the convention.

In 2011, Slovenia’s Minister of Foreign Affairs reconfirmed Slovenia’s position on the prohibition on assistance with prohibited acts in joint military operations under the convention, stating that “Slovenia will not participate in any joint military operation with non-States Parties [sic] to the Convention involving the use of cluster munitions.”[9] The minister also reaffirmed Slovenia’s view that transit and foreign stockpiling of cluster munitions are expressly prohibited under the convention and that it considers such activities “illegal on the territory of the Republic of Slovenia.”[10]

In 2012, Slovenia’s Minister of Foreign Affairs informed the Monitor that it “has no intention of allowing investment in cluster munition production.”[11] In April 2013, an official elaborated Slovenia’s view that the Convention on Cluster Munitions prohibits investment and financing of cluster munitions under Article 1(1)(c), and as such, the government will not permit investment or financing of cluster munition production on Slovenian territory. The representative stated that this would also apply to Slovenian companies with headquarters outside of Slovenia and to Slovenian nationals with permanent residence abroad.[12]

Slovenia is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.

Use, production, and transfer

Slovenia has declared that it has not produced cluster munitions.[13] Slovenia is not known to have used or exported cluster munitions.

Stockpile destruction

On 29 July 2011, Slovenia destroyed its entire stockpile of cluster munitions consisting of 1,080 155mm howitzer PAT-794 CARGO Long-Range/Base Bleed (LR/BB) projectiles and 52,920 submunitions.[14] The origin of the PAT-794 projectile is unclear.[15] The stockpile was transferred to Bulgaria, where the company MAXAM Bulgaria AD in Gabrovo destroyed it.[16]

Slovenia has declared that it is not retaining any cluster munitions for research or training purposes permitted by Article 3 of the Convention of Cluster Munitions.[17]



[1] The ratification law was adopted on 15 July 2009. Under national implementation measures, Slovenia also listed Article 307 of the Criminal Code, which addresses “Illegal Manufacture of and Trade in Weapons or Explosive Materials.” Convention on Cluster Munitions Article 7 Report, Form A, 26 January 2011.

[2] Email from Jurij Žerovec, Security Policy Division, Ministry of Foreign Affairs, 13 June 2011. Draft legislation to specifically implement the convention was submitted to parliament in 2010, but not adopted as it was found to be unnecessary. “Draft law banning the manufacture, use, and sale of cluster munitions” (“Predlog zakona o prepovedi priozvodnje, prodaje in uporabe kasetnega streliva”), No. 213-05/10-001/1175-V, 15 July 2010; and email from Eva Veble, Danish Church Aid, 30 July 2010.

[3] The initial report covers calendar year 2010, while the 2012 report covers the period from 27 January 2011 to 1 January 2012. The transparency reports provided since 2013 cover the previous calendar year.

[4] For details on Slovenia’s cluster munition policy and practice up to early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 152–153.

[5] Statement of Slovenia, Convention on Cluster Munitions Fifth Meeting of States Parties, San José, 2 September 2014.

[6] Ibid.; and statement of Slovenia, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 11 September 2012.

[7] Statement of Slovenia, Convention on Cluster Munitions Fifth Meeting of Stats Parties, San José, 2 September 2014.

[8]Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/69/189, 18 December 2014. Slovenia voted in favor of similar resolutions on 15 May and 18 December 2013.

[9] Letter from Samuel Žbogar, Minister of Foreign Affairs, to Mary Wareham, Human Rights Watch (HRW), 9 May 2011. The minister stated: “Allow me to stress that Slovenia will not participate in any joint military operation with non-States Parties [sic] to the Convention involving the use of cluster munitions.”

[10] The minister stated, “As the Convention also includes the prohibition on transit and stockpiling of cluster munitions by third countries on the territory of States Parties, we consider such activities illegal on the territory of the Republic of Slovenia.” Letter from Minister of Foreign Affairs Žbogar, to Mary Wareham, HRW, 9 May 2011.

[11] Letter from Karl Erjavec, Minister of Foreign Affairs, to Mary Wareham, HRW, 14 March 2012.

[12] CMC meeting with Jurij Žerovec, Deputy Head, Permanent Mission of Slovenia to the UN in Geneva, Geneva, 17 April 2013.

[13] Convention on Cluster Munitions Article 7 Report, Form E, 26 January 2011. Slovenia has stated that it has never produced cluster munitions or their components. Letter from Minister of Foreign Affairs Žbogar, 20 April 2010; and letter from Minister of Foreign Affairs Žbogar, to Mary Wareham, HRW, 9 May 2011.

[14] Convention on Cluster Munitions Article 7 Report, Form B, 30 March 2012; and statement of Slovenia, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, Lebanon, 14 September 2011.

[15] Knowledgeable sources have speculated that the PAT-794 was produced by the ZVS company from Slovakia and contains 49 M85 dual-purpose improved conventional munition (DPICM) submunitions.

[16] According to Slovenia’s Article 7 reports, energetic components of cluster munitions were incinerated and metallic components were dismantled, disabled, and disposed of by recycling as metallic waste. Slovenia reported that all safety and environmental standards were observed. Convention on Cluster Munitions Article 7 Report, Form B, 30 March 2012.

[17] Convention on Cluster Munitions Article 7 Reports, Forms B and C, 20 April 2015, and 31 March 2014.