CONVENTION ON PROHIBITIONS OR
RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPON WHICH MAY BE DEEMED TO
BE EXCESSIVELY INJURIOUS TO HAVE INDISCRIMINATE EFFECTS AS AMENDED ON 21
DECEMBER 2001
The High Contracting Parties,
Recalling that every State has the duty, in conformity with the Charter of the
United Nations, to refrain in its international relations from the threat or
use of force against the sovereignty, territorial integrity or political
independence of any State, or in any other manner inconsistent with the
purposes of the United Nations,
Further recalling the general principle of the protection of the civilian
population against the effects of hostilities,
Basing themselves on the principle of international law that the right of the
parties to an armed conflict to choose methods or means of warfare is not
unlimited, and on the principle that prohibits the employment in armed
conflicts of weapons, projectiles and material and methods of warfare of a
nature to cause superfluous injury or unnecessary suffering,
Also recalling that it is prohibited to employ methods or means of warfare
which are intended, or may be expected, to cause widespread, long-term and
severe damage to the natural environment,
Confirming their determination that in cases not covered by this Convention and
its annexed Protocols or by other international agreements, the civilian
population and the combatants shall at all times remain under the protection
and authority of the principles of international law derived from established
custom, from the principles of humanity and from the dictates of public
conscience,
Desiring to contribute to international detente, the ending of the arms race
and the building of confidence among States, and hence to the realization of
the aspiration of all peoples to live in peace,
Recognizing the importance of pursuing every effort which may contribute to
progress towards general and complete disarmament under strict and effective
international control,
Reaffirming the need to continue the codification and progressive development
of the rules of international law applicable in armed conflict,
Wishing to prohibit or restrict further the use of certain conventional weapons
and believing that the positive results achieved in this area may facilitate
the main talks on disarmament with a view to putting an end to the production,
stockpiling and proliferation of such weapons,
Emphasizing the desirability that all States become parties to this Convention
and its annexed Protocols, especially the militarily significant States,
Bearing in mind that the General Assembly of the United Nations and the United
Nations Disarmament Commission may decide to examine the question of a possible
broadening of the scope of the prohibitions and restrictions contained in this
Convention and its annexed Protocols,
Further bearing in mind that the Committee on Disarmament may decide to
consider the question of adopting further measures to prohibit or restrict the
use of certain conventional weapons,
Have agreed as follows:
Article 1
Scope of application
This Convention and its annexed Protocols shall apply in the situations
referred to in Article 2 common to the Geneva Conventions of 12 August 1949 for
the Protection of War Victims, including any situation described in paragraph 4
of Article 1 of Additional Protocol I to these Conventions.
Article 2
Relations with other international agreements
Nothing in this Convention or its annexed Protocols shall be interpreted as
detracting from other obligations imposed upon the High Contracting Parties by
international humanitarian law applicable in armed conflict.
Article 3
Signature
This Convention shall be open for signature by all States at United Nations
Headquarters in
Article 4
Ratification, acceptance, approval or accession
1. This Convention is subject to ratification, acceptance or approval by the
Signatories. Any State which has not signed this Convention may accede to it.
2. The instrument of ratification, acceptance, approval or accession shall be
deposited with the Depositary.
3. Expressions of consent to be bound by any of the Protocols annexed to this
Convention shall be optional for each State, provided that at the time of the
deposit of its instrument of ratification, acceptance or approval of this
Convention or of accession thereto, that State shall notify the Depositary of
its consent to be bound by any two or more of these Protocols.
4. At any time after the deposit of its instrument of ratification, acceptance
or approval of this Convention or of accession thereto, a State may notify the
Depositary of its consent to be bound by any annexed Protocol by which it is
not already bound.
5. Any Protocol by which a High Contracting Party is bound shall for that Party
form an integral part of this Convention.
Article 5
Entry into force
1. This Convention shall enter into force six months after the date of deposit
of the twentieth instrument of ratification, acceptance, approval or accession.
2. For any State which deposits its instrument of ratification, acceptance,
approval or accession after the date of the deposit of the twentieth instrument
of ratification, acceptance, approval or accession, this Convention shall enter
into force six months after the date on which that State has deposited its
instrument of ratification, acceptance, approval or accession.
3. Each of the Protocols annexed to this Convention shall enter into force six
months after the date by which twenty States have notified their consent to be
bound by it in accordance with paragraph 3 or 4 of Article 4 of this
Convention.
4. For any State which notifies its consent to be bound by a Protocol, annexed
to this Convention after the date by which twenty States have notified their consent
to be bound by it, the Protocol shall enter into force six months after the
date on which that State has notified its consent so to be bound.
Article 6
Dissemination
The High Contracting Parties undertake, in time of peace as in time of armed
conflict, to disseminate this Convention and those of its annexed Protocols by
which they are bound as widely as possible in their respective countries and,
in particular, to include the study thereof in their programmes of military
instruction, so that those instruments may become known to their armed forces.
Article 7
Treaty relations upon entry into force of this Convention
1. When one of the parties to a conflict is not bound by an annexed Protocol,
the parties bound by this Convention and that annexed Protocol shall remain
bound by them in their mutual relations.
2. Any High Contracting Party shall be bound by this Convention and any
Protocol annexed thereto which is in force for it, in any situation
contemplated by Article 1, in relation to any State which is not a party to
this Convention or bound by the relevant annexed Protocol, if the latter
accepts and applies this Convention or the relevant Protocol, and so notifies
the Depositary.
3. The Depositary shall immediately inform the High Contracting Parties
concerned of any notification received under paragraph 2 of this Article.
4. This Convention, and the annexed Protocols by which a High Contracting Party
is bound, shall apply with respect to an armed conflict against that High
Contracting Party of the type referred to in Article 1, paragraph 4, of
Additional Protocol I to the Geneva Conventions of 12 August 1949 for the
Protection of War Victims:
(a) where the High Contracting Party is also a party to Additional
Protocol I and an authority referred to in Article 96, paragraph 3, of that
Protocol has undertaken to apply the Geneva Conventions and Additional Protocol
I in accordance with Article 96, paragraph 3, of the said Protocol, and
undertakes to apply this Convention and the relevant annexed Protocols in
relation to that conflict; or
(b) where the High Contracting Party is not a party to Additional
Protocol I and an authority of the type referred to in subparagraph (a)
above accepts and applies the obligations of the Geneva Conventions and of this
Convention and the relevant annexed Protocols in relation to that conflict.
Such an acceptance and application shall have in relation to that conflict the
following effects:
(i) the Geneva Conventions and this
Convention and its relevant annexed Protocols are brought into force for the
parties to the conflict with immediate effect;
(ii) the said authority assumes the same rights and obligations as those which
have been assumed by a High Contracting Party to the Geneva Conventions, this
Convention and its relevant annexed Protocols; and
(iii) the Geneva Conventions, this Convention and its relevant annexed
Protocols are equally binding upon all parties to the conflict.
The High Contracting Party and the authority may also agree to accept and apply
the obligations of
Additional Protocol I to the Geneva Conventions on a reciprocal basis.
Article 8
Review and amendments
1. (a) At any time after the entry into force of this Convention any
High Contracting Party may propose amendments to this Convention or any annexed
Protocol by which it is bound. Any proposal for an amendment shall be
communicated to the Depositary, who shall notify it to all the High Contracting
Parties and shall seek their views on whether a conference should be convened
to consider the proposal. If a majority, that shall not be less than eighteen
of the High Contracting Parties, so agree, he shall
promptly convene a conference to which all High Contracting Parties shall be
invited. States not parties to this Convention shall be invited to the
conference as observers.
(b) Such a conference may agree upon amendments which shall be adopted
and shall enter into force in the same manner as this Convention and the
annexed Protocols, provided that amendments to this Convention may be adopted
only by the High Contracting Parties and that amendments to a specific annexed
Protocol may be adopted only by the High Contracting Parties which are bound by
that Protocol.
2. (a) At any time after the entry into force of this Convention any
High Contracting Party may propose additional protocols relating to other
categories of conventional weapons not covered by the existing annexed
Protocols. Any such proposal for an additional protocol shall be communicated
to the Depositary, who shall notify it to all the High Contracting Parties in
accordance with subparagraph 1 (a) of this Article. If a majority, that
shall not be less than eighteen of the High Contracting Parties, so agree, the Depositary shall promptly convene a conference to
which all States shall be invited.
(b) Such a conference may agree, with the full participation of all
States represented at the conference, upon additional protocols which shall be
adopted in the same manner as this Convention, shall be annexed thereto and
shall enter into force as provided in paragraphs 3 and 4 of Article 5 of this
Convention.
3. (a) If, after a period of ten years following the entry into force of
this Convention, no conference has been convened in accordance with
subparagraph 1 (a) or 2 (a) of this Article, any High Contracting
Party may request the Depositary to convene a conference to which all High
Contracting Parties shall be invited to review the scope and operation of this
Convention and the Protocols annexed thereto and to consider any proposal for
amendments of this Convention or of the existing Protocols. States not Parties
to this Convention shall be invited as observers to the conference. The
conference may agree upon amendments which shall be adopted and enter into
force in accordance with subparagraph 1 (b) above.
(b) At such conference consideration may also be given to any proposal
for additional protocols relating to other categories of conventional weapons
not covered by the existing annexed Protocols. All States represented at the
conference may participate fully in such consideration. Any additional
protocols shall be adopted in the same manner as this Convention, shall be
annexed thereto and shall enter into force as provided in paragraphs 3 and 4 of
Article 5 of this Convention.
(c) Such a conference may consider whether provision should be made for
the convening of a further conference at the request of any High Contracting
Party if, after a similar period to that referred to in subparagraph 3 (a)
of this Article, no conference has been convened in accordance with
subparagraph 1 (a) or 2 (a) of this Article.
Article 9
Denunciation
1. Any High Contracting Party may denounce this Convention or any of its
annexed Protocols by so notifying the Depositary.
2. Any such denunciation shall only take effect one year after receipt by the
Depositary of the notification of denunciation. If, however, on the expiry of
that year the denouncing High Contracting Party is engaged in one of the
situations referred to in Article 1, the Party shall continue to be bound by
the obligations of this Convention and of the relevant annexed Protocols until
the end of the armed conflict or occupation and, in any case, until the
termination of operations connected with the final release, repatriation or
reestablishment of the person protected by the rules of international law
applicable in armed conflict, and in the case of any annexed Protocol
containing provisions concerning situations in which peace-keeping, observation
or similar functions are performed by United Nations forces or missions in the
area concerned, until the termination of those functions.
3. Any denunciation of this Convention shall be considered as also applying to
all annexed Protocols by which the denouncing High Contracting Party is bound.
4. Any denunciation shall have effect only in respect of the denouncing High
Contracting Party.
5. Any denunciation shall not affect the obligations already incurred, by
reason of an armed conflict, under this Convention and its annexed Protocols by
such denouncing High Contracting Party in respect of any act committed before
this denunciation becomes effective.
Article 10
Depositary
1. The Secretary-General of the United Nations shall be the Depositary of this
Convention and of its annexed Protocols.
2. In addition to his usual functions, the Depositary shall inform all States
of:
(a) signatures affixed to this Convention under Article 3;
(b) deposits of instruments of ratification, acceptance or approval of
or accession to this Convention deposited under Article 4;
(c) notifications of consent to be bound by annexed Protocols under
Article 4;
(d) the dates of entry into force of this Convention and of each of its
annexed Protocols under Article 5; and
(e) notifications of denunciation received under article 9, and their
effective date.
Article 11
Authentic texts
The original of this Convention with the annexed Protocols, of which the
Arabic, Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited with the Depositary, who shall transmit certified
true copies thereof to all States.
PROTOCOL ON
NON-DETECTABLE FRAGMENTS
(PROTOCOL I)
It is prohibited to use any weapon the primary effect of which is to injure by
fragments which in the human body escape detection by X-rays.
Protocol on Prohibitions or
Restrictions on the Use of Mines, Booby-Traps and Other Devices
(Protocol II as amended on 3 May 1996)
Article 1
Scope of application
1. This Protocol relates to the use on land of the mines, booby-traps and other
devices, defined herein, including mines laid to interdict beaches, waterway
crossings or river crossings, but does not apply to the use of anti-ship mines
at sea or in inland waterways.
2. This Protocol shall apply, in addition to situations referred to in Article
1 of this Convention, to situations referred to in Article 3 common to the
Geneva Conventions of 12 August 1949. This Protocol shall not apply to
situations of internal disturbances and tensions, such as riots, isolated and
sporadic acts of violence and other acts of a similar nature, as not being
armed conflicts.
3. In case of armed conflicts not of an international character occurring in
the territory of one of the High Contracting Parties, each party to the
conflict shall be bound to apply the prohibitions and restrictions of this
Protocol.
4. Nothing in this Protocol shall be invoked for the purpose of affecting the
sovereignty of a State or the responsibility of the Government, by all
legitimate means, to maintain or re-establish law and order in the State or to
defend the national unity and territorial integrity of the State.
5. Nothing in this Protocol shall be invoked as a justification for
intervening, directly or indirectly, for any reason whatever, in the armed
conflict or in the internal or external affairs of the High Contracting Party
in the territory of which that conflict occurs.
6. The application of the provisions of this Protocol to parties to a conflict,
which are not High Contracting Parties that have accepted this Protocol, shall
not change their legal status or the legal status of a disputed territory,
either explicitly or implicitly.
Article 2
Definitions
For
the purpose of this Protocol:
1. "Mine" means a munition placed under, on or near the ground or
other surface area and designed to be exploded by the presence, proximity or
contact of a person or vehicle.
2. "Remotely-delivered mine" means a mine not directly emplaced but
delivered by artillery, missile, rocket, mortar, or similar means, or dropped
from an aircraft. Mines delivered from a land-based system from less than 500
metres are not considered to be "remotely delivered", provided that
they are used in accordance with Article 5 and other relevant Articles of this
Protocol.
3. "Anti-personnel mine" means a mine primarily designed to be
exploded by the presence, proximity or contact of a person and that will
incapacitate, injure or kill one or more persons.
4. "Booby-trap" means any device or material which is designed,
constructed, or adapted to kill or injure, and which functions unexpectedly
when a person disturbs or approaches an apparently harmless object or performs
an apparently safe act.
5. "Other devices" means manually-emplaced munitions and devices
including improvised explosive devices designed to kill, injure or damage and
which are actuated manually, by remote control or automatically after a lapse
of time.
6. "Military objective" means, so far as objects are concerned, any
object which by its nature, location, purpose or use makes an effective
contribution to military action and whose total or partial destruction, capture
or neutralization, in the circumstances ruling at the time, offers a definite
military advantage.
7. "Civilian objects" are all objects which are not military
objectives as defined in paragraph 6 of this Article.
8. "Minefield" is a defined area in which mines have been emplaced
and "mined area" is an area which is dangerous due to the presence of
mines. "Phoney minefield" means an area free of mines that simulates
a minefield. The term "minefield" includes phoney minefields.
9. "Recording" means a physical, administrative and technical
operation designed to obtain, for the purpose of registration in official
records, all available information facilitating the location of minefields, mined
areas, mines, booby-traps and other devices.
10. "Self-destruction mechanism" means an incorporated or externally
attached automatically-functioning mechanism which secures the destruction of
the munition into which it is incorporated or to which it is attached.
11. "Self-neutralization mechanism" means an incorporated
automatically-functioning mechanism which renders inoperable the munition into
which it is incorporated.
12. "Self-deactivating" means automatically rendering a munition
inoperable by means of the irreversible exhaustion of a component, for example,
a battery, that is essential to the operation of the munition.
13. "Remote control" means control by commands from a distance.
14. "Anti-handling device" means a device intended to protect a mine
and which is part of, linked to, attached to or placed under the mine and which
activates when an attempt is made to tamper with the mine.
15. "Transfer" involves, in addition to the physical movement of
mines into or from national territory, the transfer of title to and control
over the mines, but does not involve the transfer of territory containing
emplaced mines.
Article 3
General restrictions on the use of mines, booby-traps
and other devices
1.
This Article applies to:
(a) mines;
(b) booby-traps; and
(c) other devices.
2. Each High Contracting Party or party to a conflict is, in accordance with
the provisions of this Protocol, responsible for all mines, booby-traps, and
other devices employed by it and undertakes to clear, remove, destroy or
maintain them as specified in Article 10 of this Protocol.
3. It is prohibited in all circumstances to use any mine, booby-trap or other
device which is designed or of a nature to cause superfluous injury or
unnecessary suffering.
4. Weapons to which this Article applies shall strictly comply with the
standards and limitations specified in the Technical Annex with respect to each
particular category.
5. It is prohibited to use mines, booby-traps or other devices which employ a
mechanism or device specifically designed to detonate the munition by the
presence of commonly available mine detectors as a result of their magnetic or
other non-contact influence during normal use in detection operations.
6. It is prohibited to use a self-deactivating mine equipped with an
anti-handling device that is designed in such a manner that the anti-handling
device is capable of functioning after the mine has ceased to be capable of
functioning.
7. It is prohibited in all circumstances to direct weapons to which this
Article applies, either in offence, defence or by way of reprisals, against the
civilian population as such or against individual civilians or civilian
objects.
8. The indiscriminate use of weapons to which this Article applies is
prohibited. Indiscriminate use is any placement of such weapons:
(a) which is not on, or directed against, a military objective. In case
of doubt as to whether an object which is normally dedicated to civilian
purposes, such as a place of worship, a house or other dwelling or a school, is
being used to make an effective contribution to military action, it shall be
presumed not to be so used;
(b) which employs a method or means of delivery which cannot be directed
at a specific military objective; or
(c) which may be expected to cause incidental loss of civilian life,
injury to civilians, damage to civilian objects, or a combination thereof,
which would be excessive in relation to the concrete and direct military
advantage anticipated.
9. Several clearly separated and distinct military objectives located in a
city, town, village or other area containing a similar concentration of
civilians or civilian objects are not to be treated as a single military
objective.
10. All feasible precautions shall be taken to protect civilians from the
effects of weapons to which this Article applies. Feasible precautions are
those precautions which are practicable or practically possible taking into
account all circumstances ruling at the time, including humanitarian and
military considerations. These circumstances include, but are not limited to:
(a) the short- and long-term effect of mines upon the local civilian
population for the duration of the minefield;
(b) possible measures to protect civilians (for example, fencing, signs,
warning and monitoring);
(c) the availability and feasibility of using alternatives; and
(d) the short- and long-term military requirements for a minefield.
11. Effective advance warning shall be given of any emplacement of mines,
booby-traps and other devices which may affect the civilian population, unless
circumstances do not permit.
Article 4
Restrictions on the use of anti-personnel mines
It is prohibited to use anti-personnel mines which are not detectable, as
specified in paragraph 2 of the Technical Annex.
Article 5
Restrictions on the use of anti-personnel mines
other than remotely-delivered mines
1. This Article applies to anti-personnel mines other than remotely-delivered
mines.
2. It is prohibited to use weapons to which this Article applies which are not
in compliance with the provisions on self-destruction and self-deactivation in
the Technical Annex, unless:
(a) such weapons are placed within a perimeter-marked area which is
monitored by military personnel and protected by fencing or other means, to
ensure the effective exclusion of civilians from the area. The marking must be
of a distinct and durable character and must at least be visible to a person
who is about to enter the perimeter-marked area; and
(b) such weapons are cleared before the area is abandoned, unless the
area is turned over to the forces of another State which accept responsibility
for the maintenance of the protections required by this Article and the
subsequent clearance of those weapons.
3. A party to a conflict is relieved from further compliance with the
provisions of sub-paragraphs 2 (a) and 2 (b) of this Article only
if such compliance is not feasible due to forcible loss of control of the area
as a result of enemy military action, including situations where direct enemy military
action makes it impossible to comply. If that party regains control of the
area, it shall resume compliance with the provisions of sub-paragraphs 2 (a)
and 2 (b) of this Article.
4. If the forces of a party to a conflict gain control of an area in which
weapons to which this Article applies have been laid, such forces shall, to the
maximum extent feasible, maintain and, if necessary, establish the protections
required by this Article until such weapons have been cleared.
5. All feasible measures shall be taken to prevent the unauthorized removal,
defacement, destruction or concealment of any device, system or material used
to establish the perimeter of a perimeter-marked area.
6. Weapons to which this Article applies which propel fragments in a horizontal
arc of less than 90 degrees and which are placed on or above the ground may be
used without the measures provided for in sub-paragraph 2 (a) of this
Article for a maximum period of 72 hours, if:
(a) they are located in immediate proximity to the military unit that
emplaced them; and
(b) the area is monitored by military personnel to ensure the effective
exclusion of civilians.
Article 6
Restrictions on the use of remotely-delivered mines
1. It is prohibited to use remotely-delivered mines unless they are recorded in
accordance with sub-paragraph 1 (b) of the Technical Annex.
2. It is prohibited to use remotely-delivered anti-personnel mines which are
not in compliance with the provisions on self-destruction and self-deactivation
in the Technical Annex.
3. It is prohibited to use remotely-delivered mines other than anti-personnel
mines, unless, to the extent feasible, they are equipped with an effective
self-destruction or self-neutralization mechanism and have a back-up
self-deactivation feature, which is designed so that the mine will no longer
function as a mine when the mine no longer serves the military purpose for
which it was placed in position.
4. Effective advance warning shall be given of any delivery or dropping of
remotely-delivered mines which may affect the civilian population, unless
circumstances do not permit.
Article 7
Prohibitions on the use of booby-traps and other devices
1. Without prejudice to the rules of international law applicable in armed
conflict relating to treachery and perfidy, it is prohibited in all
circumstances to use booby-traps and other devices which are in any way
attached to or associated with:
(a) internationally recognized protective emblems, signs or signals;
(b) sick, wounded or dead persons;
(c) burial or cremation sites or graves;
(d) medical facilities, medical equipment, medical supplies or medical
transportation;
(e) children's toys or other portable objects or products specially
designed for the feeding, health, hygiene, clothing or education of children;
(f) food or drink;
(g) kitchen utensils or appliances except in military establishments,
military locations or military supply depots;
(h) objects clearly of a religious nature;
(i) historic monuments, works of art or places of worship which constitute
the cultural or spiritual heritage of peoples; or
(j) animals or their carcasses.
2. It is prohibited to use booby-traps or other devices in the form of
apparently harmless portable objects which are specifically designed and
constructed to contain explosive material.
3. Without prejudice to the provisions of Article 3, it is prohibited to use
weapons to which this Article applies in any city, town, village or other area
containing a similar concentration of civilians in which combat between ground
forces is not taking place or does not appear to be imminent, unless either:
(a) they are placed on or in the close vicinity of a military objective;
or
(b) measures are taken to protect civilians from their effects, for
example, the posting of warning sentries, the issuing of warnings or the
provision of fences.
Article 8
Transfers
1. In order to promote the purposes of this Protocol, each High Contracting
Party:
(a) undertakes not to transfer any mine the use of which is prohibited
by this Protocol;
(b) undertakes not to transfer any mine to any recipient other than a
State or a State agency authorized to receive such transfers;
(c) undertakes to exercise restraint in the transfer of any mine the use
of which is restricted by this Protocol. In particular, each High Contracting
Party undertakes not to transfer any anti-personnel mines to States which are
not bound by this Protocol, unless the recipient State agrees to apply this
Protocol; and
(d) undertakes to ensure that any transfer in accordance with this
Article takes place in full compliance, by both the transferring and the
recipient State, with the relevant provisions of this Protocol and the
applicable norms of international humanitarian law.
2. In the event that a High Contracting Party declares that it will defer
compliance with specific provisions on the use of certain mines, as provided
for in the Technical Annex, sub-paragraph 1 (a) of this Article shall
however apply to such mines.
3. All High Contracting Parties, pending the entry into force of this Protocol,
will refrain from any actions which would be inconsistent with sub-paragraph 1(a)
of this Article.
Article 9
Recording and use of information on minefields, mined areas,
mines, booby-traps and other devices
1. All information concerning minefields, mined areas, mines, booby-traps and
other devices shall be recorded in accordance with the provisions of the
Technical Annex.
2. All such records shall be retained by the parties to a conflict, who shall,
without delay after the cessation of active hostilities, take all necessary and
appropriate measures, including the use of such information, to protect
civilians from the effects of minefields, mined areas, mines, booby-traps and
other devices in areas under their control.
At the same time, they shall also make available to the other party or parties
to the conflict and to the Secretary-General of the United Nations all such
information in their possession concerning minefields, mined areas, mines,
booby-traps and other devices laid by them in areas no longer under their
control; provided, however, subject to reciprocity, where the forces of a party
to a conflict are in the territory of an adverse party, either party may
withhold such information from the Secretary-General and the other party, to
the extent that security interests require such withholding, until neither
party is in the territory of the other. In the latter case, the information
withheld shall be disclosed as soon as those security interests permit.
Wherever possible, the parties to the conflict shall seek, by mutual agreement,
to provide for the release of such information at the earliest possible time in
a manner consistent with the security interests of each party.
3. This Article is without prejudice to the provisions of Articles 10 and 12 of
this Protocol.
Article 10
Removal of minefields, mined areas, mines, booby-traps
and other devices and international cooperation
1. Without delay after the cessation of active hostilities, all minefields,
mined areas, mines, booby-traps and other devices shall be cleared, removed,
destroyed or maintained in accordance with Article 3 and paragraph 2 of Article
5 of this Protocol.
2. High Contracting Parties and parties to a conflict bear such responsibility
with respect to minefields, mined areas, mines, booby-traps and other devices
in areas under their control.
3. With respect to minefields, mined areas, mines, booby-traps and other
devices laid by a party in areas over which it no longer exercises control,
such party shall provide to the party in control of the area pursuant to
paragraph 2 of this Article, to the extent permitted by such party, technical
and material assistance necessary to fulfil such responsibility.
4. At all times necessary, the parties shall endeavour to reach agreement, both
among themselves and, where appropriate, with other States and with
international organizations, on the provision of technical and material
assistance, including, in appropriate circumstances, the undertaking of joint
operations necessary to fulfil such responsibilities.
Article 11
Technological cooperation and assistance
1. Each High Contracting Party undertakes to facilitate and shall have the
right to participate in the fullest possible exchange of equipment, material
and scientific and technological information concerning the implementation of
this Protocol and means of mine clearance. In particular, High Contracting
Parties shall not impose undue restrictions on the provision of mine clearance
equipment and related technological information for humanitarian purposes.
2. Each High Contracting Party undertakes to provide information to the
database on mine clearance established within the United Nations System,
especially information concerning various means and technologies of mine
clearance, and lists of experts, expert agencies or national points of contact
on mine clearance.
3. Each High Contracting Party in a position to do so shall provide assistance
for mine clearance through the United Nations System, other international
bodies or on a bilateral basis, or contribute to the United Nations Voluntary
Trust Fund for Assistance in Mine Clearance.
4. Requests by High Contracting Parties for assistance, substantiated by
relevant information, may be submitted to the United Nations, to other
appropriate bodies or to other States. These requests may be submitted to the
Secretary-General of the United Nations, who shall transmit them to all High
Contracting Parties and to relevant international organizations.
5. In the case of requests to the United Nations, the SecretaryGeneral of the
United Nations, within the resources available to the Secretary-General of the
United Nations, may take appropriate steps to assess the situation and, in
cooperation with the requesting High Contracting Party, determine the
appropriate provision of assistance in mine clearance or implementation of the
Protocol. The Secretary-General may also report to High Contracting Parties on
any such assessment as well as on the type and scope of assistance required.
6. Without prejudice to their constitutional and other legal provisions, the
High Contracting Parties undertake to cooperate and transfer technology to
facilitate the implementation of the relevant prohibitions and restrictions set
out in this Protocol.
7. Each High Contracting Party has the right to seek and receive technical
assistance, where appropriate, from another High Contracting Party on specific
relevant technology, other than weapons technology, as necessary and feasible,
with a view to reducing any period of deferral for which provision is made in
the Technical Annex.
Article 12
Protection from the effects of minefields, mined areas,
mines, booby-traps and other devices
1.
Application
(a) With the exception of the forces and missions referred to in
sub-paragraph 2(a)(i) of this Article, this Article applies only to
missions which are performing functions in an area with the consent of the High
Contracting Party on whose territory the functions are performed.
(b) The application of the provisions of this Article to parties to a
conflict which are not High Contracting Parties shall not change their legal
status or the legal status of a disputed territory, either explicitly or
implicitly.
(c) The provisions of this Article are without prejudice to existing
international humanitarian law, or other international instruments as
applicable, or decisions by the Security Council of the United Nations, which
provide for a higher level of protection to personnel functioning in accordance
with this Article.
2. Peace-keeping and certain other forces and missions
(a) This paragraph applies to:
(i) any United Nations force or
mission performing peace-keeping, observation or similar functions in any area
in accordance with the Charter of the United Nations; and
(ii) any mission established pursuant to Chapter VIII of the Charter of the
United Nations and performing its functions in the area of a conflict.
(b)
Each High Contracting Party or party to a conflict, if so requested by the head
of a force or mission to which this paragraph applies, shall:
(i) so far as it is able, take such
measures as are necessary to protect the force or mission from the effects of
mines, booby-traps and other devices in any area under its control;
(ii) if necessary in order effectively to protect such personnel, remove or
render harmless, so far as it is able, all mines, booby-traps and other devices
in that area; and
(iii) inform the head of the force or mission of the location of all known
minefields, mined areas, mines, booby-traps and other devices in the area in
which the force or mission is performing its functions and, so far as is
feasible, make available to the head of the force or mission all information in
its possession concerning such minefields, mined areas, mines, booby-traps and
other devices.
3.
Humanitarian and fact-finding missions of the United Nations System
(a) This paragraph applies to any humanitarian or fact-finding mission
of the United Nations System.
(b) Each High Contracting Party or party to a conflict, if so requested
by the head of a mission to which this paragraph applies, shall:
(i) provide the personnel of the
mission with the protections set out in sub-paragraph 2(b)(i) of this
Article; and
(ii) if access to or through any place under its control is necessary for the
performance of the mission's functions and in order to provide the personnel of
the mission with safe passage to or through that place:
(aa) unless on-going
hostilities prevent, inform the head of the mission of a safe route to that
place if such information is available; or
(bb) if information identifying a safe route is not provided in
accordance with sub-paragraph (aa), so far as is necessary and feasible,
clear a lane through minefields.
4.
Missions of the International Committee of the Red Cross
(a) This paragraph applies to any mission of the International Committee
of the Red Cross performing functions with the consent of the host State or
States as provided for by the Geneva Conventions of 12 August 1949 and, where
applicable, their Additional Protocols.
(b) Each High Contracting Party or party to a conflict, if so requested
by the head of a mission to which this paragraph applies, shall:
(i) provide the personnel of the
mission with the protections set out in sub-paragraph 2(b)(i) of this
Article; and
(ii) take the measures set out in sub-paragraph 3(b)(ii) of this
Article.
5.
Other humanitarian missions and missions of enquiry
(a) Insofar as paragraphs 2, 3 and 4 of this Article do not apply to
them, this paragraph applies to the following missions when they are performing
functions in the area of a conflict or to assist the victims of a conflict:
(i) any humanitarian mission of a
national Red Cross or Red Crescent society or of their International
Federation;
(ii) any mission of an impartial humanitarian organization, including any
impartial humanitarian demining mission; and
(iii) any mission of enquiry established pursuant to the provisions of the
Geneva Conventions of 12 August 1949 and, where applicable, their Additional
Protocols.
(b)
Each High Contracting Party or party to a conflict, if so requested by the head
of a mission to which this paragraph applies, shall, so far as is feasible:
(i) provide the personnel of the
mission with the protections set out in sub-paragraph 2(b)(i) of this
Article; and
(ii) take the measures set out in subparagraph 3(b)(ii) of this Article.
6.
Confidentiality
All information provided in confidence pursuant to this Article shall be
treated by the recipient in strict confidence and shall not be released outside
the force or mission concerned without the express authorization of the
provider of the information.
7. Respect for laws and regulations
Without prejudice to such privileges and immunities as they may enjoy or to the
requirements of their duties, personnel participating in the forces and
missions referred to in this Article shall:
(a) respect the laws and regulations of the host State; and
(b) refrain from any action or activity incompatible with the impartial
and international nature of their duties.
Article 13
Consultations of High Contracting Parties
1. The High Contracting Parties undertake to consult and cooperate with each
other on all issues related to the operation of this Protocol. For this
purpose, a conference of High Contracting Parties shall be held annually.
2. Participation in the annual conferences shall be determined by their agreed
Rules of Procedure.
3. The work of the conference shall include:
(a) review of the operation and status of this Protocol;
(b) consideration of matters arising from reports by High Contracting
Parties according to paragraph 4 of this Article;
(c) preparation for review conferences; and
(d) consideration of the development of technologies to protect
civilians against indiscriminate effects of mines.
4. The High Contracting Parties shall provide annual reports to the Depositary,
who shall circulate them to all High Contracting Parties in advance of the
conference, on any of the following matters:
(a) dissemination of information on this Protocol to their armed forces
and to the civilian population;
(b) mine clearance and rehabilitation programmes;
(c) steps taken to meet technical requirements of this Protocol and any
other relevant information pertaining thereto;
(d) legislation related to this Protocol;
(e) measures taken on international technical information exchange, on
international cooperation on mine clearance, and on technical cooperation and
assistance; and
(f) other relevant matters.
5. The cost of the Conference of High Contracting Parties shall be borne by the
High Contracting Parties and States not parties participating in the work of
the conference, in accordance with the United Nations scale of assessment
adjusted appropriately.
Article 14
Compliance
1. Each High Contracting Party shall take all appropriate steps, including
legislative and other measures, to prevent and suppress violations of this
Protocol by persons or on territory under its jurisdiction or control.
2. The measures envisaged in paragraph 1 of this Article include appropriate
measures to ensure the imposition of penal sanctions against persons who, in
relation to an armed conflict and contrary to the provisions of this Protocol,
wilfully kill or cause serious injury to civilians and to bring such persons to
justice.
3. Each High Contracting Party shall also require that its armed forces issue
relevant military instructions and operating procedures and that armed forces
personnel receive training commensurate with their duties and responsibilities
to comply with the provisions of this Protocol.
4. The High Contracting Parties undertake to consult each other and to
cooperate with each other bilaterally, through the Secretary-General of the
United Nations or through other appropriate international procedures, to
resolve any problems that may arise with regard to the interpretation and
application of the provisions of this Protocol.
Technical Annex
1.
Recording
(a) Recording of the location of mines other than remotely-delivered
mines, minefields, mined areas, booby-traps and other devices shall be carried
out in accordance with the following provisions:
(i) the location of the minefields,
mined areas and areas of booby-traps and other devices shall be specified
accurately by relation to the coordinates of at least two reference points and
the estimated dimensions of the area containing these weapons in relation to
those reference points;
(ii) maps, diagrams or other records shall be made in such a way as to indicate
the location of minefields, mined areas, booby-traps and other devices in
relation to reference points, and these records shall also indicate their
perimeters and extent; and
(iii) for purposes of detection and clearance of mines, booby-traps and other
devices, maps, diagrams or other records shall contain complete information on
the type, number, emplacing method, type of fuse and life time, date and time
of laying, anti-handling devices (if any) and other relevant information on all
these weapons laid. Whenever feasible the minefield record shall show the exact
location of every mine, except in row minefields where the row location is
sufficient. The precise location and operating mechanism of each booby-trap
laid shall be individually recorded.
(b)
The estimated location and area of remotely-delivered mines shall be specified
by coordinates of reference points (normally corner points) and shall be
ascertained and when feasible marked on the ground at the earliest opportunity.
The total number and type of mines laid, the date and time of laying and the
self-destruction time periods shall also be recorded.
(c) Copies of records shall be held at a level of command sufficient to
guarantee their safety as far as possible.
(d) The use of mines produced after the entry into force of this
Protocol is prohibited unless they are marked in English or in the respective
national language or languages with the following information:
(i) name of the country of origin;
(ii) month and year of production; and
(iii) serial number or lot number.
The
marking should be visible, legible, durable and resistant to environmental
effects, as far as possible.
2. Specifications on detectability
(a) With respect to anti-personnel mines produced after 1 January 1997,
such mines shall incorporate in their construction a material or device that
enables the mine to be detected by commonly-available technical mine detection
equipment and provides a response signal equivalent to a signal from 8 grammes
or more of iron in a single coherent mass.
(b) With respect to anti-personnel mines produced before 1 January 1997,
such mines shall either incorporate in their construction, or have attached
prior to their emplacement, in a manner not easily removable, a material or
device that enables the mine to be detected by commonly-available technical
mine detection equipment and provides a response signal equivalent to a signal
from 8 grammes or more of iron in a single coherent mass.
(c) In the event that a High Contracting Party determines that it cannot
immediately comply with sub-paragraph (b), it may declare at the time of
its notification of consent to be bound by this Protocol that it will defer
compliance with sub-paragraph (b) for a period not to exceed 9 years
from the entry into force of this Protocol. In the meantime it shall, to the
extent feasible, minimize the use of anti-personnel mines that do not so
comply.
3. Specifications on self-destruction and self-deactivation
(a) All remotely-delivered anti-personnel mines shall be designed and
constructed so that no more than 10% of activated mines will fail to
self-destruct within 30 days after emplacement, and each mine shall have a
back-up self-deactivation feature designed and constructed so that, in
combination with the self-destruction mechanism, no more than one in one
thousand activated mines will function as a mine 120 days after emplacement.
(b) All non-remotely delivered anti-personnel mines, used outside marked
areas, as defined in Article 5 of this Protocol, shall comply with the
requirements for self-destruction and self-deactivation stated in sub-paragraph
(a).
(c) In the event that a High Contracting Party determines that it cannot
immediately comply with sub-paragraphs (a) and/or (b), it may
declare at the time of its notification of consent to be bound by this
Protocol, that it will, with respect to mines produced prior to the entry into
force of this Protocol, defer compliance with sub-paragraphs (a) and/or
(b) for a period not to exceed 9 years from the entry into force of this
Protocol.
During this period of deferral, the High Contracting Party shall:
(i) undertake to minimize, to the
extent feasible, the use of anti-personnel mines that do not so comply; and
(ii) with respect to remotely-delivered anti-personnel mines, comply with
either the requirements for self-destruction or the requirements for
self-deactivation and, with respect to other anti-personnel mines comply with
at least the requirements for self-deactivation.
4. International signs for
minefields and mined areas:
Signs similar to the example attached and as specified below shall be utilized
in the marking of minefields and mined areas to ensure their visibility and
recognition by the civilian population:
(a) size and shape: a triangle or square no smaller than 28 centimetres
(11 inches) by 20 centimetres (7.9 inches) for a triangle, and 15 centimetres
(6 inches) per side for a square;
(b) colour: red or orange with a yellow reflecting border;
(c) symbol: the symbol illustrated in the Attachment, or an alternative
readily recognizable in the area in which the sign is to be displayed as
identifying a dangerous area;
(d) language: the sign should contain the word "mines" in one
of the six official languages of the Convention (Arabic, Chinese, English,
French, Russian and Spanish) and the language or languages prevalent in that
area; and
(e) spacing: signs should be placed around the minefield or mined area
at a distance sufficient to ensure their visibility at any point by a civilian
approaching the area.
Attachment
PROTOCOL ON PROHIBITIONS OR
RESTRICTIONS ON THE USE OF
INCENDIARY WEAPONS (PROTOCOL III)
Article 1
Definitions
For the purpose of this Protocol:
1. "Incendiary weapon" means any weapon or munition which is
primarily designed to set fire to objects or to cause burn injury to persons
through the action of flame, heat, or a combination thereof, produced by a
chemical reaction of a substance delivered on the target.
(a) Incendiary weapons can take the form of, for example, flame
throwers, fougasses, shells, rockets, grenades, mines, bombs and other
containers of incendiary substances.
(b) Incendiary weapons do not include:
(i) Munitions which may have incidental incendiary effects, such as illuminants,
tracers, smoke or signalling systems;
(ii) Munitions designed to combine
penetration, blast or fragmentation effects with an additional incendiary
effect, such as armour-piercing projectiles, fragmentation shells, explosive
bombs and similar combined-effects munitions in which the incendiary effect is
not specifically designed to cause burn injury to persons, but to be used
against military objectives, such as armoured vehicles, aircraft and
installations or facilities.
2.
"Concentration of civilians" means any concentration of civilians, be
it permanent or temporary, such as in inhabited parts of cities, or inhabited
towns or villages, or as in camps or columns of refugees or evacuees, or groups
of nomads.
3. "Military objective" means, so far as objects are concerned, any
object which by its nature, location, purpose or use makes an effective
contribution to military action and whose total or partial destruction capture
or neutralization, in the circumstances ruling at the time, offers a definite military
advantage.
4. "Civilian objects" are all objects which are not military
objectives as defined in paragraph 3.
5. "Feasible precautions" are those precautions which are practicable
or practically possible taking into account all circumstances ruling at the
time, including humanitarian and military considerations.
Article 2
Protection of civilians and civilian objects
1. It is prohibited in all circumstances to make the civilian population as
such, individual civilians or civilian objects the object of attack by
incendiary weapons.
2. It is prohibited in all circumstances to make any military objective located
within a concentration of civilians the object of attack by air-delivered
incendiary weapons.
3. It is further prohibited to make any military objective located within a
concentration of civilians the object of attack by means of incendiary weapons
other than air-delivered incendiary weapons, except when such military
objective is clearly separated from the concentration of civilians and all
feasible precautions are taken with a view to limiting the incendiary effects
to the military objective and to avoiding, and in any event to minimizing,
incidental loss of civilian life, injury to civilians and damage to civilian
objects.
4. It is prohibited to make forests or other kinds of plant cover the object of
attack by incendiary weapons except when such natural elements are used to
cover, conceal or camouflage combatants or other military objectives, or are
themselves military objectives.
Protocol on Blinding Laser Weapons
(Protocol IV)
Article 1
It is prohibited to employ laser weapons specifically designed, as their sole
combat function or as one of their combat functions, to cause permanent
blindness to unenhanced vision, that is to the naked eye or to the eye with
corrective eyesight devices. The High Contracting Parties shall not transfer
such weapons to any State or non–State entity.
Article 2
In the employment of laser systems, the High Contracting Parties shall take all
feasible precautions to avoid the incidence of permanent blindness to
unenhanced vision. Such precautions shall include training of their armed
forces and other practical measures.
Article 3
Blinding as an incidental or collateral effect of the legitimate military
employment of laser systems, including laser systems used against optical
equipment, is not covered by the prohibition of this Protocol.
Article 4
For the purpose of this Protocol "permanent blindness" means
irreversible and uncorrectable loss of vision which is seriously disabling with
no prospect of recovery. Serious disability is equivalent to visual acuity of
less than 20/200 Snellen measured using both eyes.
Protocol on Explosive
Remnants of War (Protocol V)
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The High Contracting Parties, Article 1 General provision and
scope of application
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
1. Recording, storage
and release of information for Unexploded Ordnance (UXO) and Abandoned
Explosive Ordnance (AXO)
2. Warnings, risk
education, marking, fencing and monitoring Key terms
(c) All programmes of warnings and
risk education should, where possible, take into account prevailing national
and international standards, including the International Mine Action
Standards. 3. Generic preventive
measures
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