International Diplomacy: Arrangements for the Implementation of Mine Action Programs International Diplomacy: Arrangements for the Implementation of Mine Action Programs Working Collectively to Eliminate the Landmine Threat Contributors: Donald F. “Pat” Decades of persistent conflict The Convention on Conventional high number of civilian mine Patierno around the world have left a legacy Weapons (the CCW Convention)In casualties, many of which were Donald F. “Pat” Patierno is of destruction and mayhem in nearly 1980, the United Nations adopted occurring after the cessation of a graduate of the University of Maryland and the 90 countries, a legacy sown in the the Convention on Prohibitions or hostilities. Following a formal National Defense University. He has logged more than form of landmines intended not only Restrictions on the Use of Certain request by the French government thirty-one years of service for strategic purposes but also as Conventional Weapons That May Be in 1993, a Review Conference of the with the federal government, including a instruments of intimidation and Deemed to Be Excessively Injurious CCW opened in Vienna in four-year enlistment with the U.S. Navy. Currently he terror. Although this legacy is or to Have Indiscriminate Effects September 1995. Despite the serves as the director of unknown to most Americans, it goes (hereafter referred to as the CCW successful adoption of a number of Humanitarian Demining Programs at the U.S. to the heart of the humanitarian Convention), which the United other protocols, talks to strengthen Department of State. precepts of the U.S. national States ratified in 1995. Two of the restrictions on the production, security strategy. most important provisions stipulate transfer and use of anti-personnel Natasha The international community has that (a) Parties to a conflict must landmines (APL) became Franceschi responded to this challenge in a always distinguish between civilians deadlocked, and the conference Natasha Franceschi is a graduate of Swarthmore number of ways. In addition to and combatants, and civilians must adjourned without placing any new College and the Fletcher School of Law and making an impressive commitment not be targeted for attack; and (b) limitations on these weapons and Diplomacy. She is now at to educate and assist landmine The use of weapons that are “of a after making a decision to convene the Foreign Service Institute training to become a first victims and to remove or destroy nature to cause superfluous injury two additional sessions in January tour diplomat. landmines, two international or unnecessary suffering” is and May 1996. instruments now restrict or prohibit prohibited. In 1990, humanitarian During the May 1996 session, the use of landmines. organizations began to document a significant improvements were made in the original landmine protocol of Pat Patierno meets deminers at a U.S. State Department- the CCW. They included prohibiting sponsored workshop about Mine Action Cooperation and the use of undetectable anti- Technology in Bangkok, personnel landmines, the expansion Thailand. of the protocol to include internal conflicts, the tightening of regulations related to marking and monitoring anti-personnel minefields, the determination that responsibility for the proper maintenance or clearance of landmines rests with the mine-laying party, and the prohibition of any APL transfers to countries that are not party to or fail to apply the provisions of the protocol. 44The Landmine Action Smart Book International Diplomacy: Arrangements for the Implementation of Mine Action Programs Delegates agreed that annual Despite the improvements made “Ottawa Treaty” at the meetings would be held to discuss in the AMP in 1996, the ICBL, which September 1997 Oslo the implementation of the protocol by 1996 represented more than 350 Diplomatic Conference. and that a third review conference NGOs across the globe, concluded The treaty was signed would occur no later than 2001. The that the protocol had failed. At the by 122 nations at a Amended Mines Protocol (AMP), closing session of the 1996 Review ceremony on formally entitled the Protocol on Conference, they joined with the December 3, 1997, in Prohibitions or Restrictions on the Canadian government and other Ottawa. Since then the Use of Mines, Booby Traps and parties interested in a complete ban number of signatories Other Devices, has been ratified by to propose that a conference be has risen to 139, of almost 60 countries. Most of these held later in the year to develop which 107 have ratified countires, including the United strategies aimed at imposing such a the convention. States, which ratified in 1999, are key ban on APL. This set the scene for The United States states not party to Ottawa. what came to be called the “Ottawa cited two reasons for Process.” not signing the Ottawa The Ottawa TreatyAt the time The Canadian conference held in Convention: 1) the that the international community October 1996 was attended by 50 need for an adequate was working to strengthen the governments, the International transition period in CCW as an international legal Committee of the Red Cross order to phase out instrument that would limit the use (ICRC), the ICBL and the United anti-personnel Working together, the of APL, another mine ban process Nations (UN). At the close of this landmines (APL) which it uses to International community had begun to emerge. In October conference, the Canadian protect American troops; and 2) The can help to eliminate scenes like this. 1992, a number of prominent government issued an invitation to need to preserve the mixed anti- nongovernmental organizations all governments to come to Ottawa tank systems the United States (NGOs) met in New York to form in December 1997 to sign a treaty relies on to slow down an enemy’s a transnational alliance specifically prohibiting the production, armor offensive in battle. dedicated to advocating the stockpiling, transfer and use of APL. elimination of APL. The meeting International support continued A Comparative AnalysisThe marked the birth of the Inter- to build. In December 1996, the UN Ottawa Treaty was designed to national Campaign to Ban Landmines General Assembly passed Resolution impose a total ban on all APL, and (ICBL), an organization dedicated to 51/45S calling on all countries to states party to the treaty agree to seeking a new international norm conclude a new international forgo the use, transfer, production prohibiting the use, production, agreement prohibiting APL as soon and stockpiling of all AP mines. transfer, and stockpiling of APL and as possible. International discussion Under the terms of Ottawa an “anti- to maintaining that the only way to on an Austrian-drafted text began in personnel mine” is defined as address the issue effectively is to Vienna in February 1997 and a “mine designed to be exploded pursue a total mine ban. concluded with the adoption of the by the presence, proximity or The Landmine Action Smart Book 45 International Diplomacy: Arrangements for the Implementation of Mine Action Programs International Diplomacy: Arrangements for the Implementation of Mine Action Programs contact of a a person, one that will The scope of the AMP covers not to protect a mine and are part of, “capacitate, injure or kill one or only mines but also booby traps and linked to, attached to, or placed more persons.” Mines designed to other devices. The scope of mines under the mine and activated when be detonated by the presence, includes not only APL, defined as an attempt is made to tamper with proximity or contact of a vehicle as “any mine primarily designed to be or otherwise intentionally disturb opposed to a person are equipped exploded by the presence, proximity the mine.” As noted by the ICRC, with anti-handling devices and “are or contact of a person, [one] that such mechanisms are increasingly not considered anti-personnel mines will incapacitate, injure or kill one or being fitted to anti-vehicle mines to as a result of being so equipped.” As more persons;” but also anti-vehicle prevent their removal or clearance defined by the Ottawa Treaty, all mines, a category excluded by the and are a particular danger to person-activated APL are banned by Ottawa Convention. soldiers and deminers. state parties irrespective of whether Whereas APL are generally small The AMP takes a different they are placed in marked minefields devices containing explosives approach. Although prohibiting any or remotely delivered over large designed to wound, kill, or device designed to “cause super- areas. The treaty also outlaws those otherwise incapacitate personnel, fluous injury or unnecessary categories of APL that are self- anti-vehicle mines—much larger suffering,” the protocol allows self- destructing or self deactivating (that mines—contain greater amounts of destruction (SD) and self- is, programmed to explode or explosives that have been designed deactivation (SDA) APL through the A U.S. civil affairs soldier works with a Cambodian officer become inert after a set period to disable or destroy vehicles and “Specifications on Self-Destruction during an assessment visit. of time). tanks. Although anti-vehicle mines and Self-Deactivation” delineated in are generally used in small numbers Technical Annex 1. It specifies the and are easier to locate, they following: continue to pose a serious threat to All remotely-delivered anti-personnel the civilian population and to relief mines shall be designed and workers in many parts of the world. constructed so that no more than Furthermore, as a result of recent 10% of activated mines will fail to technological developments, the self-destruct within 30 days after distinction between anti-personnel emplacement, and each mine shall mines and anti-vehicle mines is have a back-up self-deactivation becoming blurred. feature designed and constructed so Although Ottawa prohibits any that in combination with the self- dual-purpose or anti-vehicle mines if destruction mechanism, no more one of their functions is to be than one in 1000 activated mines detonated by a person, it allows for will function as a mine 120 days the continued use of anti-vehicle after emplacement.