CYIL 2012

DISARMAMENT AND HUMANITARIAN LAW IN CONVENTIONAL WEAPONS can be undetected by standard detection methods and can therefore pose a serious risk for both the persons removing mines and also civilians. Other restrictions are contained in Article 5 and refer to the use of anti-personnel mines other than remotely delivered mines. This provision should lower the risk namely to the civilian population. According to Article 5, paragraph 2, it is prohibited to use anti-personnel mines which are not in compliance with the provisions on self-destruction and self-deactivation in the Technical Annex. In the sense of Article 5, paragraph 2, it is also forbidden to use anti-personnel mines unless they 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 Technical Annex requires 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 no more than one in one thousand activated mines will function as a mine 120 days after emplacement. Exceptions when the parties of the convention are not bound by provisions of paragraph 2 are specified in Article 5, paragraph 3, the exception being if it is not possible due to forcible loss of control of the area as a result of enemy military action. These complicated provisions restricting the use of anti-personnel mines were seriously criticized, which finally led to the acceptance of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction of 1997. This Convention, however, was not ratified by some important states that produce or stockpile mines like China, Russia, the USA, or Korea; the Protocol II still remains important because it restricts the use of anti-personnel mines. According to this Convention the State Parties undertake never, under any circumstances, to use anti-personnel mines , develop , produce , otherwise acquire , stockpile , retain or transfer to anyone, directly or indirectly, anti-personnel mines. The states also undertake to destroy or ensure the destruction of all stockpiled anti-personnel mines they own or possess, or that are under their jurisdiction or control, as soon as possible but not later than four years after the entry into force of the Convention for that State Party. Also there is an obligation to ensure the destruction of all anti-personnel mines in mined areas under their jurisdiction or control, as soon as possible but not later than ten years after the entry into force of the Convention for that State Party. 2.1 Implementation of the Convention (lessons from Chemical Weapons Convention) T he transparency measures contained in Article 7 and the facilitation and clarification of compliance in Article 8 are especially important for the implementation of, and the adherence to, the Convention. The inspiration of the Chemical Weapons Convention of 1993 is evident in both articles. As concerning the transparency measures, an important role should be played by UN Secretary General.

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