The Banning of Anti-Personnel Landmines: The Legal Contribution of the International Committee of the Red Cross

Table of contents

• The Banning of Anti-Personnel Landmines - The Legal Contribution of the International Committee of the Red Cross *
• Title Page *
• Contents vii
• Foreword - President, International Committee of the Red Cross xvii
• Foreword - South Africa xxi
• Foreword - Sweden xxiii
• Introduction 1
• Part 1 - From Principles to Rules: Regulating Mines Up to the 1980 Convention on Certain Conventional Weapons 5
• 1 - Historical Background: the International Law Governing Weapons 7
• 2 - The Icrc's Draft Rules to Protect Civilian Populations 1955–1956 15
• Draft Rules for the Protection of the Civilian Population from the Dangers of Indiscriminate Warfare - Geneva 1955 16
• Draft Rules for the Limitation of the Dangers Incurred by the Civilian Population in Time of War - Geneva 1956 17
• 3 - Expert Contributions to the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts 1973–1977 19
• Weapons That May Cause Unnecessary Suffering or Have Indiscriminate Effects - Held in Geneva, Switzerland 26 February – 2 March and 12–15 June 1973 20
• Notes 43
• Conference of Government Experts on the Use of Certain Conventional Weapons - First Session Held in Lucerne, Switzerland 24 September–18 October 1974 45
• Conference of Government Experts on the Use of Certain Conventional Weapons - Second Session Held in Lugano, Switzerland 28 January–26 February 1976 60
• Iv. Annexes - A. Proposals Submitted to the Conference 81
• 4 - Adopted 10 October 1980 90
• A New Step Forward in International Law: Prohibitions or Restrictions on the Use of Certain Conventional Weapons - Published in the International Review of the Red Cross, 220 January–february 1981 91
• Turning Principles into Practice: the Challenge for International Conventions and Institutions - Reproduced with Permission of Perseus Books 105
• Notes 121
• Part 2 - An Initial Response to the Landmine Crisis 125
• 1 - Introduction 127
• 2 - 21–23 April 1993 129
• Annex A - Texts 189
• Notes 254
• 3 - Mines: a Perverse Use of Technology May 1993 257
• 4 - The Call of the Icrc for a Global Ban on Anti-Personnel Mines Geneva, Switzerland 24 February 1994 264
• 5 - Meetings of Governmental Experts to Prepare the Review Conference 1994–1995 266
• Annex I - Results of the Montreux Symposium on Anti-Personnel Mines 298
• Annex II - Symposium of Military Experts on the Military Utility of Anti-Personnel Mines 310
• Proposals by the International Committee of the Red Cross on Prohibitions and Restrictions - Second Session Meeting of Governmental Experts May 1994 322
• Informal Working Paper - Secretariat Functions to Support Effective Implementation of the 1980 Convention on Certain Conventional Weapons (Ccw) and Its Proposed Amendments 324
• Working Paper Submitted by the Icrc - Fourth Session Meeting of Governmental Experts January 1995 326
• 6 - Icrc Position Paper No. 1 Landmines and Blinding Weapons: from Expert Group to the Review Conference Icrc Briefing and Position Paper February 1995 328
• 7 - United Nations General Assembly, 1994 (Forty-Ninth Session) 332
• 8 - Organized by the Icrc and the Organization of African Unity (Oau) 338
• 9 - United Nations International Meeting on Mine Clearance Geneva, Switzerland 6 July 1995 349
• 10 - First Session of the Review Conference of the States Parties to the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects Vienna, Austria 25 September – 13 October 1995 352
• Icrc's Informal Comments on the Chairman's Rolling Text - International Committee of the Red Cross Non-Paper Review Conference of the 1980 Convention on Certain Conventional Weapons Vienna, 25 September–13 October 1995 359
• Annex I - Chairman's Rolling Text 373
• Appendix I - Proposals Relating to Verification and Compliance 385
• Appendix II - Other Proposals 390
• Notes 391
• Press Release - Vienna Conference on UN Weapons Convention 392
• 11 - Icrc Position Paper No. 2 Landmine Negotiations: Impasse in Vienna Highlights Urgency of National and Regional Measures Icrc Briefing and Position Paper November 1995 394
• 12 - United Nations General Assembly, 1995 (Fiftieth Session) 399
• 13 - Launching of the International Media Campaign Against Anti-Personnel Landmines by the Icrc and National Red Cross and Red Crescent Societies Geneva, Switzerland 22 November 1995 404
• 14 - The 26th International Conference of the Red Cross and Red Crescent 1995 407
• 15 - Second Session of the Review Conference of the States Parties to the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects January 1996 411
• 16 - Anti-Personnel Landmines: Friend or Foe? a Study of the Military Use and Effectiveness of Anti-Personnel Mines Commissioned by the International Committee of the Red Cross, March 1996 415
• Press Release - Anti-Personnel Mines: Not an Indispensable Weapon of High Military Value 28 March 1996 424
• 17 - Third Session of the Review Conference of the States Parties to the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects April–may 1996 426
• Notes 455
• 18 - Icrc Position Paper No. 3 Icrc Briefing and Position Paper July 1996 457
• 19 - Making Central America a Mine-Free Zone Icrc Seminar in Managua, Nicaragua 28–29 May 1996 464
• Part 3 - The Ottawa Process from Regional Initiatives to an International Prohibition of Anti-Personnel Mines 470
• 1 - Introduction 471
• 2 - The International Strategy Conference Towards a Global Ban on Anti-Personnel Mines Ottawa, Canada 3–5 October 1996 473
• 3 - United Nations General Assembly, 1996 (Fifty-First Session) 489
• 4 - Icrc Position Paper No. 4 Icrc Briefing and Position Paper December 1997 495
• 5 - Expert Meeting on the Convention for the Prohibition of Anti-Personnel Mines Vienna, Austria 12–14 February 1997 501
• 6 - Fourth International Non-Governmental Organization Conference on Landmines: Toward a Mine-Free Southern Africa Maputo, Mozambique 25–28 February 1997 Hosted by the International Campaign to Ban Landmines (Icbl) and the Mozambique Campaign to Ban Landmines 509
• 7 - Seminar on Anti-Personnel Landmines and Their Humanitarian Implications Budapest, Hungary 7 March 1997 Organized by the Council of Europe Parliamentary Assembly Migration, Refugees and Demography Committee in Collaboration with the Icrc 512
• 8 - 1997: the Year of a Treaty Banning Anti-Personnel Mines? Peter Herby, Adviser, Legal Division, Icrc Published in the International Review of the Red Cross, 317 March 1997 514
• 9 - Icrc Regional Seminar for States of the Southern Africa Development Community (Sadc) Harare, Zimbabwe 21–23 April 1997 Organized by the Icrc in Cooperation with the Organization of African Unity and the Republic of Zimbabwe 519
• 10 - International Meeting of Experts on the Possible Verification of a Comprehensive International Treaty Prohibiting Anti-Personnel Landmines Bonn, Germany 24–25 April 1997 Organized by the German Government 522
• 11 - Oau Conference on a Landmine-Free Africa: the Oau and the Legacy of Anti-Personnel Mines Johannesburg, South Africa 19–21 May 1997 527
• 12 - Debate on Landmines at the Angolan Parliament Luanda, Angola 23 May 1997 Organized in Collaboration with the Icrc and Unicef 535
• 13 - International Conference for a Global Ban on Anti-Personnel Landmines Brussels, Belgium 24–27 June 1997 Organized by the Government of Belgium 541
• 14 - The Third Austrian Draft of the Convention on the Prohibition of Anti-Personnel Mines May 1997 548
• 15 - Anti-Personnel Mines: What Future for Asia? Regional Seminar for Asian Military and Strategic Studies Experts Manila, the Philippines 20–23 July 1997 Sponsored by the Icrc in Cooperation with the Government of the Republic of the Philippines and the Philippine National Red Cross Society 562
• 16 - Diplomatic Conference on an International Total Ban on Anti-Personnel Landmines Oslo, Norway 1–18 September 1997 Organized by the Government of Norway 567
• 17 - A Global Ban on Landmines: Treaty Signing Conference and Mine Action Forum Ottawa, Canada 2–4 December 1997 Organized by the Government of Canada 587
• 18 - Icrc Position Paper No. 5 Anti-Personnel Mines: Agenda 1998 – from Prohibition to Elimination and Adequate Care for the Victims Icrc Briefing and Position Paper January 1998 591
• 19 - Regional Conference on Landmines Budapest, Hungary 26–28 March 1998 Hosted by the Government of Hungary in Cooperation with the Icrc and the International Campaign to Ban Landmines 596
• 20 - Implementing the Ottawa Treaty: Questions and Answers 1 June 1998 601
• 21 - An International Ban on Anti-Personnel Mines: History and Negotiation of the “ottawa Treaty” Stuart Maslen, Legal Adviser, and Peter Herby, Coordinator, Mines-Arms Unit, Legal Division Published in the International Review of the Red Cross, 325 December 1998 606
• Notes 622
• 22 - The Entry into Force of the Ottawa Treaty 1 March 1999 624
• 23 - The First Meeting of States Parties to the Ottawa Treaty Maputo, Mozambique 3–7 May 1999 629
• Annex 1 - Unofficial Translation by the Austrian Red Cross Federal Law Gazette of the Austrian Republic 635
• Annex 2 - National Legislation List of States 636
• Icrc Information Paper First Meeting of States Parties to the Ottawa Treaty Anti-Vehicle Mines Equipped with Anti-Handling Devices for the Purpose of This Paper “anti-Vehicle Mines” Means All Landmines Other Than Anti-Personnel Mines 637
• 24 - Regional Conference on Landmines Zagreb, Croatia 27–29 June 1999 Organized by the Government of Croatia 645
• 25 - South Asia Regional Seminar on Landmines Wadduwa, Sri Lanka 18–20 August 1999 Organized by the Icrc 652
• Index 657

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