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

By Louis Maresca; Stuart Maslen | Go to book overview

humanitarian law is either regulated or prohibited, as the case may be. Far more systematic analysis and informed debate is needed before any new weapon is deployed. The recent agreement to prohibit, in advance, the use and transfer of blinding laser weapons is a basis for hope.( 38) Given the rapid development of new technologies, the protection provided by humanitarian law will be of crucial importance in making sure that humankind is the beneficiary, and not the victim, of technical advances which have profound implications on the waging of war.


NOTES
1
United Nations 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, of 10 October 1980.
2
Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended on 3 May 1996 (Protocol II as amended on 3 May 1996), annexed to the CCW, supra note 1.
3
Fifty States were full participants at the first Ottawa Conference: Angola, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Burkina Faso, Cambodia, Cameroon, Canada, Colombia, Croatia, Denmark, Ethiopia, Finland, France, Gabon, Germany, Greece, Guatemala, Guinea, Honduras, Hungary, Iceland, Iran, Ireland, Italy, Japan, Luxembourg, Mexico, Mozambique, the Netherlands, New Zealand, Nicaragua, Norway, Peru, the Philippines, Poland, Portugal, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Trinidad and Tobago, the United Kingdom, the United States, Uruguay, and Zimbabwe. A further 24 countries – Albania, Argentina, Armenia, the Bahamas, Benin, Bulgaria, Brazil, Brunei Darussalam, Chile, Cuba, the Czech Republic, Egypt, the Federal Republic of Yugoslavia, the Holy See, India, Israel, Malaysia, Morocco, Pakistan, the Republic of Korea, Romania, the Russian Federation, Rwanda, and Ukraine – attended as official observers.
4
Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, of 18 September 1997, reprinted in the International Review of the Red Cross (IRRC), No. 320, September–October 1997, pp. 563–578.
5
Article 2, para. 3, of Protocol II as amended defines an anti-personnel mine as one “primarily designed to be exploded by the presence, proximity or contact of a person”. The use of the phrase “primarily designed” was strongly opposed by the ICRC which feared its abuse in cases where a munition which was clearly an antipersonnel mine could be claimed to have another “primary” purpose.
6
Geneva Protocol of 17 June 1925 for the Prohibition of the Use in War Asphyxiating, Poisonous or other Gases and of Bacteriological Methods of Warfare.
7
See APL/CW.46 of 3 September 1997.
8
11th preambular paragraph.
9
Article 2, para. 2.

-622-

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