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1997 Convention on the Prohibition of Anti-Personnel Mines and on Their Destruction

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1997 Convention on the Prohibition of Anti-Personnel Mines and on Their Destruction ADVISORY SERVICE ON INTERNATIONAL HUMANITARIAN LAW ____________________________________ 1997 Convention on the Prohibition of Anti-Personnel Mines and on their Destruction The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on their Destruction ("the Ottawa treaty") is part of the international response to the widespread suffering caused by anti-personnel mines. The Convention is based on customary rules of international humanitarian law applicable. to all States. These rules prohibit the use of weapons which by their very nature do not discriminate between civilians and combatants or which cause unnecessary suffering or superfluous injury. The Convention was opened for signature in Ottawa on 3 December 1997 and entered into force on 1 March 1999. Why a ban on anti-personnel Which mines are affected by this the entry into force. Pending such mines? treaty? destruction, every effort must be made to identify mined areas and to Anti-personnel mines cannot Anti-personnel mines are designed have them marked, monitored and distinguish between soldiers and to be placed on or near the ground protected by fencing or other means civilians and usually kill or severely and to be "detonated by the to ensure the exclusion of civilians. mutilate their victims. Relatively presence, proximity or contact of a If a State cannot complete the cheap, small and easy to use, they person". It was the understanding of destruction of emplaced mines have proliferated by the tens of the negotiators that "improvised" within 10 years it may request a millions, inflicting untold suffering devices produced by adapting other meeting of the States Parties to and wreaking social and economic munitions to function as anti- extend the deadline and to assist it havoc in dozens of countries personnel mines were also banned in fulfilling this obligation. throughout the world. Because they by the treaty. The Ottawa treaty are far easier to lay than to remove, prohibits anti-personnel mines only. How will the treaty help mine it is difficult or impossible in most It does not affect (a) anti-tank or victims? conflicts to use these weapons in anti-vehicle mines (regulated by the accordance with the rules of 1980 UN Convention on Certain The treaty is a comprehensive international humanitarian law. Conventional Weapons and the response to the landmine crisis. Not general rules of international only are States Parties prohibited What are the basic obligations humanitarian law); (b) "anti-handling from using anti-personnel mines, but contained in the Ottawa treaty? devices" attached to an anti-vehicle those able to do so agree to provide mine to prevent its removal or (c) assistance for mine clearance, States adhering to this treaty must "command-detonated" munitions mine-awareness programmes and never under any circumstances use, which can only be triggered the care and rehabilitation of mine develop, produce, stockpile or manually by a combatant and victims. Mine-affected States have a transfer anti-personnel mines or cannot be detonated simply by "the right to seek and receive such help anyone else to do so. They presence, proximity or contact of a assistance directly from other must also destroy existing anti- person". Parties to the treaty and through the personnel mines, whether in United Nations, regional or national stockpiles or in the ground, within a When and how will existing anti- organizations, components of the fixed time period. A small number of personnel mines be destroyed? International Red Cross and Red these mines may be retained for the Crescent Movement or non- sole purpose of developing mine- Stockpiled anti-personnel mines governmental organizations. These clearance and destruction must be destroyed within four years cooperative aspects of the techniques and training people in after the Convention's entry into Convention should play as great a the use of these techniques. force for a particular State. As for role as the ban it imposes in mines in the ground, whether in providing an effective international minefields or elsewhere, they must response to the suffering caused by be destroyed within 10 years after these weapons. International Committee of the Red Cross How will compliance with the What must a country do to Can a State ban anti-personnel treaty be monitored? implement the Ottawa treaty? mines and adhere to Protocol II to the 1980 UN Convention on The Ottawa treaty includes a variety States wishing to adhere to the Certain Conventional Weapons? of measures designed to promote Ottawa treaty must express their confidence that its provisions are consent to be bound by submitting a Earlier rules concerning the use of being respected and to deal with ratification (or similar) instrument to anti-personnel mines are contained suspected violations. States are the UN Secretary-General, the in Protocol II to the 1980 UN required to report annually to the UN treaty's depositary. States that Convention on Certain Conventional Secretary-General on all stock piled signed the treaty prior to its entry Weapons (CCW). The Protocol, anti-personnel mines, mined areas, into force but that are not yet party which was amended on 3 May 1996, mines retained for training purposes, to it must refrain from taking any regulates the use of all types of destruction of mines and measures action which would undermine its mines and similar devices, including taken to prevent civilians from purpose. With its entry into force, mines intended to destroy tanks and entering mined areas. To facilitate the treaty was closed for signature other vehicles. In addition to mine clearance, States must also but States may adhere to it directly, regulating weapons that are not provide detailed technical without signing it, by sending an covered by the Ottawa treaty, the information about mines they have instrument of accession to the Protocol enables a State to invoke produced in the past. depositary. The Convention its provisions, such as that requiring becomes binding upon a State six a party which uses mines to remove If there are concerns about a State's months after it has deposited its them at the end of the hostilities. compliance with the treaty, ratification or accession (or similar) Such provisions can be invoked in clarification may be sought through instrument with the UN Secretary- any conflict with another State party the UN Secretary-General and if General. to the amended Protocol regardless necessary a meeting of States of whether or not that State has Parties may be held. This meeting The treaty also requires adhered to the Ottawa treaty. States can decide to send an obligatory governments to take national legal that become party to the Ottawa fact-finding mission of up to 14 days and administrative measures, treaty are therefore encouraged to to the relevant territory of the State including the imposition of penal adhere also to Protocol II as concerned. On the basis of the sanctions, to ensure respect for its amended. mission's report, the meeting of provisions within their territory and States Parties may propose by persons under their jurisdiction or Ratification packets for both the corrective actions or legal measures control. This may involve the Ottawa treaty and the 1980 in accordance with the UN Charter. adoption of criminal legislation. It Convention on Conventional may also require issuing Weapons are available from the administrative instructions to the ICRC. armed forces and introducing 01/2003 changes in military planning. International Committee of the Red Cross .
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