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A Guide to Mine Action and Explosive Remnants of War,Third Edition, GICHD, Geneva, April 2007

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A Guide to Mine Action and Explosive Remnants of War,Third Edition, GICHD, Geneva, April 2007 A Guide to Mine Action and Explosive Remnants and Explosive Remnants of War of War Geneva International Centre for Humanitarian Demining Centre International de Déminage Humanitaire | Genève 7bis, av. de la Paix | P.O.Box 1300 | 1211 Geneva 1 | Switzerland t. + 41 (0)22 906 16 60 | f. + 41 (0)22 906 16 90 A Guide toA Guide Action Mine [email protected] | www.gichd.org The Geneva International Centre for Humanitarian Demining (GICHD) works for the elimination of anti-personnel mines and for the reduction of the humanitarian impact of other landmines and explosive remnants of war.To this end, the GICHD will, in partnership with others, provide operational assistance, create and disseminate knowledge, improve quality management and standards, and support instruments of international law, all aimed at increasing the performance and professionalism of mine action. A Guide to Mine Action and Explosive Remnants of War,Third Edition, GICHD, Geneva, April 2007. ISBN 2-940369-02-X Acknowledgements This project was managed by Davide Orifici | Policy and External Relations (d.orifi[email protected]). The report was drafted by Stuart Maslen and laid out for publication by Karma Al Azmeh Valluy. All photographs are Copyright GICHD except for: Page ii | © ICRC/G. Diffidenti; Page 11 | © ICRC/D. Higgs, Page 12-13 | all mines photos except MON-100 © ICRC/T. Gassmann and OZM-72 © ICRC/G. Cauderay; Page 14-17 | © Imperial War Museum London; Page 25 | © ICRC/Z. Ahad; Page 26 | © ICRC/P.Dutoit; Page 51 | signing of the convention © The Ottawa Citizen; Page 54 | ©ICRC/J. Sohlberg; Page 58 | © Neil Thomas; Page 101 | © ICRC/G. Diffidenti; Page 113 | © ICRC/G. Diffidenti; Page 120 | child victim ©ICRC/A. Brooks & smiling child © ICRC. A GUIDE TO MINE ACTION AND EXPLOSIVE REMNANTS OF WAR APRIL 2007 CONTENT FOREWORD 4 OVERVIEW 5 CHAPTER 1 AN INTRODUCTION TO MINES AND EXPLOSIVE REMNANTS OF WAR 11 CHAPTER 2 A HISTORY OF MINE ACTION 23 CHAPTER 3 INTERNATIONAL LAW 35 CHAPTER 4 THE ANTI-PERSONNEL MINE BAN CONVENTION 51 CHAPTER 5 THE CONVENTION ON CERTAIN CONVENTIONAL WEAPONS 69 CHAPTER 6 DEMINING 81 CHAPTER 7 MINE RISK EDUCATION 101 CHAPTER 8 VICTIM ASSISTANCE 117 CHAPTER 9 STOCKPILE DESTRUCTION 133 CHAPTER 10 COORDINATING STRUCTURES FOR NATIONAL MINE ACTION PROGRAMMES AND NATIONAL MINE ACTION LEGISLATION 145 CONTENT CHAPTER 11 THE EVOLUTION OF A MINE ACTION PROGRAMME 163 CHAPTER 12 DEVELOPMENTAL APPROACHES TO MINE ACTION PLANNING 177 CHAPTER 13 INFORMATION MANAGEMENT IN MINE ACTION 193 CHAPTER 14 THE EVALUATION OF MINE ACTION PROGRAMMES AND PROJECTS 203 SELECTED BIBLIOGRAPHY 215 GLOSSARY OF TERMS AND ACROMYMS 217 APPENDICES 219 APPENDIX 1 CONVENTION ON THE PROHIBITION OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER OF ANTI-PERSONNEL MINES AND ON THEIR DESTRUCTION 220 APPENDIX 2 ADHERENCE TO THE ANTI-PERSONNEL MINE BAN CONVENTION 232 APPENDIX 3 THE 2004 NAIROBI DECLARATION AND THE NAIROBI ACTION PLAN 235 APPENDIX 4 CONVENTION ON CERTAIN CONVENTIONAL WEAPONS (CCW), AMENDED PROTOCOL II AND PROTOCOL V 249 APPENDIX 5 STATES PARTIES TO THE CCW, PROTOCOL II AND AMENDED PROTOCOL II, PROTOCOL V 280 APPENDIX 6 SELECTED DEFINITIONS FROM THE IMAS GLOSSARY 284 APPENDIX 7 THE UNITED NATIONS INTER-AGENCY POLICY | 6 JUNE 2005 MINE ACTION AND EFFECTIVE COORDINATION: THE UNITED NATIONS INTER-AGENCY POLICIY 305 FOREWORD Over the past 20 years, mine action has developed rapidly as a specific sector of expertise within broader relief and development efforts. This third edition of A Guide to Mine Action and Explosive Remnants of War has been prepared by the Geneva International Centre for Humanitarian Demining as an overview for the diplomat, donor, lawyer, practitioner or scholar on the key aspects of mine action. It takes into account key developments of the last few years, particularly the Anti-Personnel Mine Ban Convention 2004 Nairobi Summit on a Mine-Free World and the entry into force of Protocol V to the Convention on Certain Conventional Weapons. The growing relevance of explosive remnants of war (ERW), both at the diplomatic and field-level, is reflected in the content and in the title of the Guide. As before, the Guide addresses best practice in all five pillars of mine action – demining, advocacy and international law, mine risk education, victim assistance and stockpile destruction – as well as in the effective management and coordination of mine action programmes. But to ensure that it remains a standard reference within the ERW and mine action sector, the Guide has been significantly expanded and updated to reflect recent developments and trends. Thus, there are new sections on the role of mine action within peacebuilding, reconstruction and development as well as on the effective evaluation of mine action programmes. A Guide to Mine Action and Explosive Remnants of War is available for free in hard copy in Arabic, English, French, Russian and Spanish, and these versions can also be accessed online at www.gichd.org. The project was funded by the Swiss government whose support is gratefully acknowledged. Ambassador Stephan Nellen Director Geneva International Centre for Humanitarian Demining 4 AN OVERVIEW OF THE GUIDE TO MINE ACTION AND EXPLOSIVE REMNANTS OF WAR A Guide to Mine Action and Explosive Remnants of War is not an operational handbook, rather it is an information resource on mine action that can assist in decision-making, programme planning and research. Each of the 14 chapters contained in the Guide has been designed to stand alone (although, inevitably, there are a number of cross-references to other chapters). In general, therefore, readers can select the topic or topics most relevant to their particular needs or interest. In addition, each chapter begins with a brief summary of the key points. Chapter 1 provides an historical introduction to landmines and explosive remnants of war and the problems they wreak on affected communities. Landmines were developed before the 20th century but became a weapon of choice for many armed forces and groups from the 1939-1945 War onwards. Widely used in international and internal armed conflicts alike, mines typically continue to be a threat to the civilian population long after hostilities have ceased. Similarly, explosive remnants of war – abandoned stockpiles of munitions and unexploded ordnance (bombs, shells, grenades and other ammunition that have been used but which have failed to detonate as designed) – plague post-conflict societies around the world, undoubtedly in even greater numbers. A particularly significant threat comes from duds from cluster munitions. Chapter 2 provides a brief history of mine action. The origin of mine action can be traced to October 1988, when, for the first time, the UN appealed for funds to carry out civilian demining activities in Afghanistan. There are now national programmes in over 40 countries covering mine and battle area clearance, explosive ordnance disposal, survey, mine risk education, international and national legislation governing mines and explosive remnants of war, stockpile destruction and victim assistance. Efforts to standardise and professionalise mine action continue – and the willingness of operators and institutions to learn from its successes and failures is one of the great strengths of the discipline. Two instruments of international law apply specifically to landmines and Chapter 3 reviews the historical background to their adoption. The 1997 Anti-Personnel Mine Ban Convention (APMBC) prohibits the production, stockpiling, transfer and use of all anti-personnel mines. Although it has many of the characteristics of a disarmament treaty, its purpose is humanitarian. The 1980 Convention on Certain Conventional Weapons (CCW) has two protocols regulating all landmines, booby-traps and other devices. On 28 November 2003, States Parties to the 1980 Convention adopted a new protocol to address “the serious post-conflict humanitarian problems caused by explosive remnants of war.” 5 AN OVERVIEW OF THE GUIDE TO MINE ACTION AND EXPLOSIVE REMNANTS OF WAR Chapter 4 describes the content of the Anti-Personnel Mine Ban Convention (AP MBC), which entered into force on 1 March 1999. By early 2007, more than three-quarters of the world’s States had become parties to it. The Convention aims to put an end to the suffering and casualties caused by anti- personnel mines. It does so by obliging States Parties never to use, develop, produce, stockpile or transfer anti-personnel mines, and by requiring that they destroy existing stocks of anti-personnel mines, clear mined areas and assist victims. In fulfilling their obligations, States Parties in need may request assistance and States Parties “in a position to do so” are required to provide assistance. A variety of mechanisms exist or have been established to ensure that these cooperation and assistance provisions are implemented. The 1980 Convention on Certain Conventional Weapons (CCW) is an instrument of international humanitarian law that regulates the use, and in certain circumstances, the transfer, of a number of specific conventional weapons. Chapter 5 looks at two of the Protocols attached to the CCW, which govern landmines, booby-traps and what are termed ‘other devices’ (directional fragmentation munitions). CCW Protocol II, adopted in 1980, reflected customary law by limiting the use of mines to military objectives. The 1996 Amended Protocol II strengthened the rules governing anti- personnel mines, in particular, although it did not include the total prohibition that a significant number of States had been seeking. Protocol V of the CCW deals with explosive remnants of war (ERW), that is unexploded ordnance (UXO) and abandoned explosive ordnance (AXO) (other than mines, booby-traps and other devices). The Protocol, which entered into force on 12 November 2006, allocates responsibilities for the clearance, removal or destruction of explosive remnants of war, defined as “unexploded ordnance and abandoned explosive ordnance.” The Protocol also calls for “all feasible precautions” to be taken to protect civilians from the risks and effects of ERW.
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