CYIL 2012

JAN ONDŘEJ CYIL 3 ȍ2012Ȏ the destruction of anti-personnel mines in mined areas by 1-10 years (Bosnia and Herzegovina, Chad, Croatia, Denmark, Ecuador, Jordan, Mozambique, Nicaragua, Peru, Senegal, Thailand, Venezuela, Yemen, Great Britain, and Zimbabwe). The Ninth Meeting of the States Parties in November 2008 granted the extension of deadlines. 20 The most common reasons given by governments for lagging behind their clearance schedules are: a) shortages of financial resources; b) lack of trained personnel and proper equipment; c) environmental, logistical and technical problems; d) poor survey data that impede successful completion of their obligations; e) some parties blame poor relations with neighbours or the presence of hostile rebel groups inside their borders. 21 There remain 36 states parties that still must complete mine clearance. 22 It is probable that, in the future, tragic encounters of especially civilian population with emplaced anti-personnel mines will continue for some time, even if no new mines are produced and the existing stockpiles are gradually destroyed. This situation shall continue until the removal and destruction of all emplaced mines is completed. In the Study of the International Committee of the Red Cross the issues of the common law character of anti-personnel mines prohibition was considered . It was concluded that in spite of the fact that a number of states ratified the Conventions, there are still several states that are not states parties to the Convention (see above). The Study mentions that about a dozen states that are not states parties of the Convention have used anti-personnel mines in recent conflicts. This practice leads to the conclusion that the prohibition of the use of anti-personnel mines is not established international common law. 23 3. Convention on Cluster Munitions In spite of the general prohibition of the force and the threat of force, armed conflicts between states arise. Apart from international or inter-states conflicts, there are many inner conflicts within the states. These conflicts are especially common in Africa and Asia. Unfortunately, Europe was not spared armed conflicts either, namely the conflicts on the territory of former Yugoslavia in the 1990s. More recently there were armed conflicts in the regions of the former Soviet Union. The action of Georgia in Southern Ossetia in August 2008 is an example of such conflict. These various armed conflicts and the ammunitions used in them have an impact especially on civilian population. In the case of cluster ammunitions it is estimated that 98% of the victims 24 are civilians.

20 Ibid., p. 441. 21 Ibid.

22 Press Release, 21 May 2012 | Anti-landmines movement meets to overcome remaining challenges. 23 Conf. Henckaerts, J. M., Doswald-Beck, L. Customary International Humanitarian Law. Volume I. Cambridge: Cambridge University Press, 2005, p. 282. 24 Conf. European Parliament resolution of 25 October 2007: Towards a global treaty to ban all cluster munitions. P6_TA-PROV(2007)0484.

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