DOCSLIB.ORG

STATE COMPLIANCE with the MINE BAN TREATY by Jacqueline C. Perez a Thesis Submitted to the Faculty of the Dorothy F. Schmidt Co

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
STATE COMPLIANCE with the MINE BAN TREATY by Jacqueline C. Perez a Thesis Submitted to the Faculty of the Dorothy F. Schmidt Co STATE COMPLIANCE WITH THE MINE BAN TREATY by Jacqueline C. Perez A Thesis Submitted to the Faculty of The Dorothy F. Schmidt College of Arts and Letters in Partial Fulfillment of the Requirements for the Degree of Master of Arts Florida Atlantic University Boca Raton, Florida August 2010 ACKNOWLEDGEMENTS This work would not have been possible without the support and assistance of many individuals. I wish to thank the professors in the Department of Political Science at Florida Atlantic University, who have worked so hard to impart their knowledge and offer insightful feedback toward my studies. I am indebted to my committee: Jeffrey S. Morton, who has not only guided me in this project but also into the study of international relations; Aimee Kanner Arias, who has made me a better student and writer; and to Sam Hawkins, who helped me realize my interest in political science during my freshman year as an undergraduate student. I am grateful to the Florida Atlantic University Jupiter Lifelong Learning Society for assisting in the funding of this research. I would also like to thank Pamela Brannon for offering her support and feedback throughout this process. I would not have been able to accomplish this without my family and friends who have given me endless amounts of encouragement. Michael O’Neill has provided an unfounded amount of support and insightful critique. I would also like to thank my dogs, Mugsy and Tico Eddy Templeton, for being patient with me and understanding that mommy had work to do. Finally and most importantly to God who has made all things possible. iii ABSTRACT Author: Jacqueline C. Perez Title: State Compliance with the Ottawa Mine Ban Treaty Institution: Florida Atlantic University Thesis Advisor: Dr. Jeffrey S. Morton Degree: Master of Arts Year: 2010 Landmines have inflicted an insurmountable amount of physical and psychological harm, inhibiting social and economic development far after the conflict has ended. In an effort to create a world free of the weapon, a campaign to ban landmines was launched by non-governmental organizations. The Mine Ban Convention entered into force in 1999, requiring nation-states to immediately ban the use, production and transfer of anti-personnel landmines (APLs), destroy stockpiles within four years and remove landmines already planted within ten years. This study examines the level of legal compliance with the Mine Ban Convention. An empirical analysis is conducted using a data base constructed from reports published by the Landmine Monitor. This study finds that the treaty is a successful work in progress with a majority of Parties in compliance; 44 million stockpiled APLs have been destroyed and eleven states have completed mine clearance. 170 million stockpiled APLs and countless emplaced mines remain, indicating the world is still far from the goal of a mine-free world. iv STATE COMPLIANCE WITH THE MINE BAN TREATY TABLES ............................................................................................................................ vii GRAPHS ............................................................................................................................ ix FIGURES ............................................................................................................................ x ABBREVIATIONS ............................................................................................................ xi I. INTRODUCTION ........................................................................................................... 1 II. THE DEVELOPMENT OF LANDMINES ................................................................... 7 Early Development ........................................................................................................... 7 Modern Development ..................................................................................................... 12 III. INTERNATIONAL LAW ON THE LIMITATION OF WEAPONS ........................ 19 Jus in Bello ..................................................................................................................... 20 Early International Humanitarian Law ........................................................................... 25 Modern International Humanitarian Law ....................................................................... 26 The Consideration of Disarmament ............................................................................... 31 The Road to Ottawa........................................................................................................ 32 Mine Clearance .............................................................................................................. 38 IV. THE MINE BAN CONVENTION ............................................................................. 40 The Articles and Obligations.......................................................................................... 40 States Parties and non-States Parties .............................................................................. 45 V. COMPLIANCE OF THE MINE BAN CONVENTION ............................................. 47 VI. REGIONAL ASSESSMENT OF THE MINE BAN CONVENTION ....................... 71 v VII. THE FUTURE OF THE MINE BAN CONVENTION AND THE OBSTACLES TO A MINE-FREE WORLD .................................................................................................. 94 APPENDIX A. THE DATABASE ................................................................................. 105 APPENDIX B. THE MINE BAN CONVENTION ........................................................ 111 BIBLIOGRAPHY ........................................................................................................... 127 vi TABLES Table 1. Explanation of the Data Base .............................................................................. 48 Table 2. The Status of Key Provisions of the Mine Ban Convention as of 2009. ............ 49 Table 3. Past and Current Users of APLs.......................................................................... 50 Table 4. Past and Current Producers of APLs ................................................................... 51 Table 5. Status of APL Producing Nation-States in 2008 ................................................. 52 Table 6. Nation-States and Areas Affected by Landmines. .............................................. 57 Table 7. Reporting Totals of all states, Parties and non-Parties, of APL Stockpiles ........ 59 Table 8. APL Totals among all states, Parties and non-Parties, to the Convention .......... 60 Table 9. States Parties with Remaining Stockpiles ........................................................... 62 Table 10. States Parties without Stockpiles ...................................................................... 65 Table 11. Distribution of the Number of APLs of all States ............................................. 66 Table 12. The Distribution of the Number of APLs Legally Retained by Parties ............ 68 Table 13. Mine-Affected States and Areas According by Region .................................... 73 Table 14. Parties to the Convention According to Region ................................................ 73 Table 15. Reporting of Parties and non-Parties of APL Stockpiles According to Region. ........................................................................................................................................... 76 Table 16. Regional Totals of APLs of all states (Parties and non-Parties). ...................... 80 Table 17. Original and Current Stockpiles Among Parties According to Region ............ 82 Table 18. States Parties by Region without Stockpiles ..................................................... 85 vii Table 19. The Distribution of the Number of APLs Legally Retained According to Region ............................................................................................................................... 89 Table 20. Nation-States with NSAG Landmine Use in the Last Ten Years ..................... 91 Table 21. Nation-States with NSAG Landmine Use 2008-2009 ...................................... 91 Table 22. Non-Parties with Large Stockpiles.................................................................... 99 viii GRAPHS Graph 1. Party Compliance with Article 4 ........................................................................ 54 Graph 2. Party Compliance with Article 5 ........................................................................ 55 Graph 3. Original Distribution of APLs ............................................................................ 63 Graph 4. Current Distribution of APLs ............................................................................. 64 Graph 5. Original Stockpiled APLs .................................................................................. 83 Graph 6. Current APLs Stockpiled ................................................................................... 84 Graph 7. APLs Retained Under Article 3 ......................................................................... 88 ix FIGURES Figure 1. Early Mines used by the Romans (Croll 2008: 3) ............................................... 8 Figure 2. The Caltrop (Croll 2008: 6) ................................................................................. 8 Figure 3. The Fougasse (Croll 20008: 12) ........................................................................ 10 Figure 4. The German S-Mine (Youngblood 2006:
Load more

Recommended publications
  • Convention on the Prohibition of the Use, Stockpiling, Production and Transfer 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 (Also known as the Ottawa Treaty, the Anti-Personnel Mine Ban Convention and the Mine Ban Treaty) Canada’s ratification of the treaty through domestic legislation was registered upon signature, 3 December 1997. Adoption: The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction was first open for signature on 3 December 1997. The treaty came into effect on March 1, 1999, six months after forty ratifications were confirmed. Entry into force: 1 March 1999. Number of signatories and ratifications/accessions: As of June 2016, there are 164 State Parties to the Convention, (32 states have not signed and remain outside the treaty, one state (the Marshall Islands) has signed but not ratified. The ratification option closed on 1 March 1999 for states that did not sign by that date. States can still accede to (join) the Treaty. Summary Information The purpose of the convention is to eliminate the humanitarian impact of antipersonnel mines through prohibition of their use, possession, transfer and production. The treaty also obliges signatories to remove mines from the ground and to destroy stockpiles. History An international civil society campaign organized by the International Campaign to Ban Landmines (ICBL) was established in 1992 to advance progress towards a treaty banning landmines. While at first the ICBL was comprised of a handful of non- governmental organizations, it quickly grew to a campaign of more than two thousand groups from around the world.
    [Show full text]
  • Hagerman National Wildlife Refuge Comprehensive Conservation Plan
    U.S. Fish & Wildlife Service Hagerman National Wildlife Refuge Comprehensive Conservation Plan April2006 United States Department of the Interior FISH AND Wll...DLIFE SERVICE P.O. Box 1306 Albuquerque, New Mexico 87103 In Reply Refer To: R2/NWRS-PLN JUN 0 5 2006 Dear Reader: The U.S. Fish and Wildlife Service (Service) is proud to present to you the enclosed Comprehensive Conservation Plan (CCP) for the Hagerman National Wildlife Refuge (Refuge). This CCP and its supporting documents outline a vision for the future of the Refuge and specifies how this unique area can be maintained to conserve indigenous wildlife and their habitats for the enjoyment of the public for generations to come. Active community participation is vitally important to manage the Refuge successfully. By reviewing this CCP and visiting the Refuge, you will have opportunities to learn more about its purpose and prospects. We invite you to become involved in its future. The Service would like to thank all the people who participated in the planning and public involvement process. Comments you submitted helped us prepare a better CCP for the future of this unique place. Sincerely, Tom Baca Chief, Division of Planning Hagerman National Wildlife Refuge Comprehensive Conservation Plan Sherman, Texas Prepared by: United States Fish and Wildlife Service Division of Planning Region 2 500 Gold SW Albuquerque, New Mexico 87103 Comprehensive conservation plans provide long-term guidance for management decisions and set forth goals, objectives, and strategies needed to accomplish refuge purposes and identify the Service’s best estimate of future needs. These plans detail program planning levels that are sometimes substantially above current budget allocations and, as such, are primarily for Service strategic planning and program prioritization purposes.
    [Show full text]
  • 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.
    [Show full text]
  • Lessons from Iraq and Afghanistan: Is It Time for the United States to Sign the Ottawa Treaty and End the Use of Landmines?
    RIZER FORMATTED POST PROOF EDIT.DOC 2/1/2013 1:19 PM LESSONS FROM IRAQ AND AFGHANISTAN: IS IT TIME FOR THE UNITED STATES TO SIGN THE OTTAWA TREATY AND END THE USE OF LANDMINES? ARTHUR RIZER* TABLE OF CONTENTS I. INTRODUCTION ............................................................................... 36 II. HISTORY ......................................................................................... 37 A. History of Landmines Warfare ........................................... 37 1. The First Silent Killers .................................................. 37 2. The Revolution of Landmines ...................................... 40 3. With Sticks and Duct Tape: IEDs ................................. 42 B. History of the Law .............................................................. 43 1. Convention on Certain Conventional Weapons ............ 43 2. Ottawa Treaty ............................................................... 46 3. The United States’ Role in Landmine Law .................. 49 C. Reconciling the Law and the Weapons ............................... 53 III. A NEW DIRECTION: SECURITY PRAGMATISM ................................ 54 A. Morality is Not Relative ..................................................... 55 B. Military Effectiveness ......................................................... 63 C. Power in Numbers ............................................................... 66 IV. THE OTHER SIDE: COUNTERARGUMENTS ...................................... 68 * Arthur Rizer is a prosecutor with the United States
    [Show full text]
  • Fish Terminologies
    FISH TERMINOLOGIES Monument Type Thesaurus Report Format: Hierarchical listing - class Notes: Classification of monument type records by function.
    [Show full text]
  • Walking Together Or Divided Agenda? Comparing Landmines and Small-Arms Campaigns
    Walking Together or Divided Agenda? Comparing Landmines and Small-Arms Campaigns STEFAN BREM & KEN RUTHERFORD* Center for International Studies, Zurich, Switzerland, and Department of Political Science, Southwest Missouri State University, Springfield, MO, USA Introduction UST AS THE 19TH CENTURY closed with the 1899 Hague Peace Confer- ence, where 26 governments were represented, the 20th century ended with Jthe 1999 Hague Appeal for Peace (HAP) Conference, where the delegates represented more than 1,000 nongovernmental organizations (NGOs). The HAP Conference delegates took special pride in the entry into force on 1 March 1999 of the NGO-inspired Ottawa Treaty banning anti-personnel landmines (APMs). During the conference (11–15 May 1999), the International Action Network on Small Arms (IANSA) was launched, a coalition of interna- tional NGOs calling for the prevention of ‘proliferation and unlawful use of light weapons’.1 The IANSA and other NGO campaigns that started in The Hague held up the International Campaign to Ban Landmines (ICBL), a coali- tion of more than 1,300 NGOs from 70 countries, as an example of how to work with medium-sized states on security issues – even in opposition to ma- jor powers, such as the United States, China, and Russia. With the ICBL’s encouragement and support, the Canadian government and other pro-ban states called for the creation of a new regime, to be negotiated outside the consensus-based format of UN multilateral arms control fora. The main distinguishing features of the negotiations begun as a result of this were that they were guided by majority-voting procedures, and NGOs were welcome participants.
    [Show full text]
  • The Silent Menace: Landmines in Bosnia and Herzegovina
    The Silent Menace: Landmines in Bosnia and Herzegovina Document printed from older version the website of the ICRC. URL: http://www.icrc.org/Web/Eng/siteeng0.nsf/html/57JP32 International Committee of the Red Cross Archived page (may contain outdated information) 1-02-1998 The Silent Menace: Landmines in Bosnia and Herzegovina Here is a reproduction of the brochure, certain maps are missing, please refer to the printed version. Contents: Executive Summary I. Introduction II. Background (a) JNA doctrine (b) Mine-laying during the conflict (c) Types of mines used during the conflict (d) The use of improvised mines The use of mines during the conflict The rules of international humanitarian law governing the use of mines Mines and the peace settlement The current landmine problem in Bosnia and Herzegovina (a) The number of mines and mined areas (b) The location of minefields (c) Mapping (d) Demarcation (e) The use of mines since the advent of peace Conclusions III. The human impact Groups at risk (a) Vulnerable groups during the war (b) Vulnerable groups after the war (c) Trends and observations (d) The particular vulnerability of refugees Mine-laying to prevent returns Minority returns and the “Open Cities Initiative” The dilemma faced by UNHCR The psychological and socio-economic impact The victims of mines Conclusions IV. The impact of mines on living standards The cost in terms of health care (a) The health-care sector before the war (b) The health-care sector after the war (c) The impact of mine injuries on the health-care system as a whole The impact on agriculure The economic impact Conclusions V.
    [Show full text]
  • 1. History, Summary and Conclusions of a Study of Manual Mine Clearance
    A STUDY OF MANUAL MINE CLEARANCE 1. History, Summary and Conclusions of a Study of Manual Mine Clearance Geneva International Centre for Humanitarian Demining 7bis, avenue de la Paix P.O. Box 1300 CH - 1211 Geneva 1 Switzerland Tel. (41 22) 906 16 60, Fax (41 22) 906 16 90 www.gichd.ch i A STUDY OF MANUAL MINE CLEARANCE 1. History, Summary and Conclusions of a Study of Manual Mine Clearance ii 1. History, Summary and Conclusions of a Study of Manual Mine Clearance The Geneva International Centre for Humanitarian Demining (GICHD) supports the efforts of the international community in reducing the impact of mines and unexploded ordnance (UXO). The Centre provides operational assistance, is active in research and supports the implementation of the Anti-Personnel Mine Ban Convention. For more information, please contact: the Geneva International Centre for Humanitarian Demining 7bis, avenue de la Paix P.O. Box 1300 CH-1211 Geneva 1 Switzerland Tel. (41 22) 906 16 60 Fax (41 22) 906 16 90 www.gichd.ch [email protected] A Study of Manual Mine Clearance — 1. History, Summary and Conclusions of a Study of Manual Mine Clearance, GICHD, Geneva, August 2005. This project was managed by Tim Lardner, Operational Section ([email protected]). ISBN 2-88487-036-9 © Geneva International Centre for Humanitarian Demining The views expressed in this publication are those of the Geneva International Centre for Humanitarian Demining. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Geneva International Centre for Humanitarian Demining concerning the legal status of any country, territory or area, or of its authorities or armed groups, or concerning the delimitation of its frontiers or boundaries.
    [Show full text]
  • Time to Change Course – Angola and the Ottawa Treaty
    ISSUE BRIEF TIME TO CHANGE COURSE Angola and The Ottawa Treaty April 2017 EXECUTIVE SUMMARY Twenty years ago, Diana Princess of Wales walked in Angola’s minefields. In doing so, she captured the conscience of states, civil society and the public. This helped inspire the final successful push to achieve the ground breaking Ottawa Treaty banning landmines in 1997. As a result, Angola holds an iconic status for the mine ban movement. It continues to symbolise the commitments and spirit of the treaty and its cause – to end, for all time, the suffering caused by anti-personnel landmines. As long as people live at risk and in daily fear from landmines, the cause and commitments of the Treaty must remain alive. Yet 20 years on, in spite of progress made, Angola’s minefields and the people who fear them risk being forgotten. The legacy of contamination remains a lasting blight on their lives. It is also an obstacle to Angola regaining sustainable agricultural productivity, a goal that is more important now than ever. The collapse of the Angolan oil-based economy means that agriculture must play an increasing role in building shared prosperity. There is an opportunity for change. With renewed commitment and support, international governments can help Angola be landmine free by 2025. It is an achievable goal that could release thousands of men, women and children from fear, and unlock enormous development potential in a country where poverty is still rife and misunderstood. CONTENTS Introduction....................................................................3
    [Show full text]
  • Landmine Monitor 2019 Advan
    LANDMINE MONITOR 2019 21ST ANNUAL EDITION Monitoring and Research Committee, ICBL-CMC Governance Board DanChurchAid Danish Demining Group Human Rights Watch Humanity & Inclusion Mines Action Canada Research team leaders · ICBL-CMC staff experts ©November 2019 by International Campaign to Ban Landmines – Cluster Munition Coalition (ICBL-CMC). All rights reserved. ISBN: 978-2-9701146-6-6 Cover photograph ©Gilles Lordet/Humanity & Inclusion (HI), May 2019 Back cover ©CCCM, 2019 Cover design by Lixar I.T. Inc. Landmine and Cluster Munition Monitor provides research and monitoring for the International Campaign to Ban Landmines (ICBL) and the Cluster Munition Coalition (CMC). For more information visit www.the-monitor.org or email [email protected]. Landmine and Cluster Munition Monitor makes every effort to limit the environmental footprint of reports by publishing all our research reports online. This report is available online. Detailed country profiles are available online at www.the-monitor.org/cp INTERNATIONAL CAMPAIGN TO BAN LANDMINES The International Campaign to Ban Landmines (ICBL) is committed to the 1997 Mine Ban Treaty (or “Ottawa Convention”) as the best framework for ending the use, production, stockpiling, and transfer of antipersonnel mines and for destroying stockpiles, clearing mined areas, and assisting affected communities. The ICBL calls for universal adherence to the Mine Ban Treaty and its full implementation by all, including: No more use, production, transfer, and stockpiling of antipersonnel landmines by any actor under any circumstances; Rapid destruction of all remaining stockpiles of antipersonnel landmines; More efficient clearance and destruction of all emplaced landmines and explosive remnants of war (ERW); Fulfillment of the rights and needs of all landmine and ERW victims.
    [Show full text]
  • Coordinated Resource Management Plan
    APPLETON-WHITTELL RESEARCH RANCH COORDINATED RESOURCE MANAGEMENT PLAN The Research Ranch was established in 1968 by the Appleton family as an ecological field station to provide a large scale exclosure by which various land uses and actions in the Southwest could be evaluated. This role, as a control or reference area, creates challenges to land management actions. Each proposed action must be judged not only on the conservation outcome but also on the potential to have adverse impact on the research values for which the field station was established. Effective management for both conservation and research is only possible if all partners are informed and involved. The Research Ranch, approximately 8,000 acres, is a complicated partnership among land owners and federal land administrative agencies: Coronado National Forest (CNF), Bureau of Land Management (BLM), Resolution Copper Mining Co. (RCM), The Research Ranch Foundation (TRRF), The Nature Conservancy (TNC), and National Audubon Society (NAS or Audubon). NAS manages the facility via contractual agreements with each entity. The Research Ranch is a Center/Sanctuary of NAS, administered through the Audubon Arizona state office in Phoenix. Audubon’s strategic plan is to achieve conservation results on a broad scale by leveraging the NAS network and engaging diverse people; the Research Ranch is evaluated by NAS for its support of the following conservation concerns: Climate Change, Water, Working Lands and Bird Friendly Communities. This Coordinated Resource Management Plan (CRMP) constitutes all ownership along with the Natural Resources Conservation Service (NRCS), Arizona Game & Fish Department (AZGF) and US Fish & Wildlife Service (USFWS). Planned practices to meet goals listed in this CRMP may not necessarily be implemented on all parcels.
    [Show full text]
  • LCSH Section Z
    Z (Computer program language) Zaan River Valley (Netherlands) Zabiello family (Not Subd Geog) [QA76.73.Z2] UF Zaan Valley (Netherlands) Here are entered works on families with the BT Programming languages (Electronic BT Valleys—Netherlands surnames Zabiello and Zabiełło. computers) Zaan Valley (Netherlands) When this heading is assigned to works on an individual family, the appropriate diacritical marks, if Z-49 (Video display terminal) USE Zaan River Valley (Netherlands) any, are included in the heading in the catalog record. USE Zenith Z-49 (Video display terminal) Zaar (African people) (May Subd Geog) UF Zabello family Z-80 (Microprocessor) [DT515.45.Z33] Zabirmawa (African people) USE Zilog Z-80 (Microprocessor) UF Gus (African people) USE Zarma (African people) Z-100 (Computer) Guus (African people) Zabirmawa language USE Zenith Z-100 (Computer) Saya (African people) USE Zarma language Z bosons Sayanci (African people) Zablan family (Not Subd Geog) [QC793.5.B62-QC793.5.B629] Sayara (African people) UF Sablan family UF Z particles Sayawa (African people) Zable family Z physics Seiyara (African people) USE Zabel family BT Bosons Seiyawa (African people) Zabludowski family (Not Subd Geog) Z Canyon (Wash.) Seya (African people) Zabon BT Canyons—Washington (State) Seyawa (African people) USE Pummelo Z-crank engines Sigdi (African people) Zaborski Park Krajobrazowy (Poland) USE Barrel engines Sigidi (African people) BT Parks—Poland Z-DNA Vigzar (African people) Zabrops (May Subd Geog) [QP624.5.Z33] Vikzar (African people) [QL537.A85] UF
    [Show full text]