CYIL 2012

DISARMAMENT AND HUMANITARIAN LAW IN CONVENTIONAL WEAPONS task of the Organization is the verification of how the states implement the provisions of the Convention. In case that the Organization discovers non-compliance with the Convention on the side of a state party, it can also decide on the sanctions imposed on that state. Verification is carried out on previously declared locations and on locations which were not declared before. In the latter case it is verification carried out because of suspicion of non-compliance with the Convention. The term request inspection is used and such verification cannot be refused by a state party to the Convention. Domestic measures of the separate states are necessary for verification. In the Convention they are called national implementation measures. In case of suspicion of the alleged use of chemical weapons , breaching the Convention, a challenge inspection can be conducted (Article 9, paragraph 19). The verification is done in accordance with Part 6 of the Verification Annex. This part contains additional provisions , which deal with detailed procedures required in the case of alleged use of chemical weapons (Part 11, paragraph 2 of the Verification A.). Unlike the Chemical Weapons Convention of 1993 the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines does not contain further measures in case of non-compliance , including sanctions . No repeated preventive inspections on the spot shall be conducted on the basis of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines, like it is possible in the case of the Chemical Weapons Convention of 1993. The fact-finding mission, however, represents progress in comparison to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons of 1980, which does not contain verification provisions and therefore also any verification bodies. Considering the current situation in implementation of Convention on the Prohibition of the Use of Anti-Personnel Mines, so far 44.5 million mines have been destroyed. As of May 2012 there are 159 states parties of the Convention, and 155 of them no longer hold stocks of anti-personnel mines . Belarus, Greece and Ukraine are three states parties that have failed to comply with the four-year deadline to destroy or ensure the destruction of stockpiled anti-personnel mines 17 . The Former Yugoslav Republic of Macedonia will give additional details on its recent destruction of a previously unknown stockpile of anti-personnel mines. 18 The Convention does not allow the prolongation of the deadline of 4 years. However, the stockpiles of the states that are not states parties to the Convention (especially China, Russia, Pakistan, India) are estimated to contain 160 million mines. 19 A more complicated issue is the situation in the area of mines destruction and removal in minefields. 15 states requested prolongation of the deadline for 17 Press Release, 21 May 2012, Anti-landmines movement meets to overcome remaining challenges. 18 Ibid. 19 Conf. Lachowski, Z., Post, P. Conventional Arms Control . SIPRI Yearbook 2009, p. 440-442.

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