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
but also those who produce them and States that tolerate the mines trade, must assume their responsibilities.
10. These objectives call for an effort on the part of all who are aware of the scale of the problem and who refuse to see this evil that is afflicting our planet spread further.

The measures taken may be directed toward a whole range of short-term or longterm goals. Care must be taken, however, to ensure that the different approaches do not appear contradictory, and that they are seen as a coherent attempt to achieve a common objective. In a wider perspective, the effort to control mines is also an effort for peace.


NOTES
1
See, in particular, Yves Sandoz, Des armes interdites en droit de la guerre (Geneva: Grounauer, 1975), 84.
2
“Declaration Renouncing the Use, in Time of War, of Explosive Projectiles under 400 Grammes Weight, St Petersburg, 29 November / 11 December 1868, ” in D. Schindler and J. Toman (eds.), The Laws of Armed Conflicts: A Collection of Conventions, Resolutions and Other Documents (Dordrecht: Martinus Nijh off Publishers / Geneva: Henry Dunant Institute, 1988), p. 101.
3
“Declaration (IV, 3) Concerning Expanding Bullets, The Hague, 29 July 1899”, in Laws of Armed Conflicts, 109.
4
Article 171 of the Treaty of Versailles of29 June 1919, states: “L'emploi des gaz asphyxiants, toxiques ou similaires, ainsi que de tous liquides, matières ou procédés analogues, étant prohibé …” For more details about this article, see Sandoz, Des armes interdites, 31–32.
5
“Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, Geneva, 17 June 1925”, in Laws of Armed Conflicts, 115.
6
See Sandoz, Des armes interdites, 106.
7
Ibid.
8
See Article 35, para. 2, of9 June 1977, Additional Protocol I to the Conventions of12 August 1949.
9
See Article 51, para. 4(b), of Protocol I.
10
See Article 53 of the Vienna Convention on the Law of Treaties. On this question, see also, in particular, the “Declaration on the Rules of International Humanitarian Law Governing the Conduct of Hostilities in Non-international Armed Conflicts”, International Review of the Red Cross 278 (September–October 1990): 404.
11
See Report of the International Committee of the Red Cross for the Review Conference of the 1980 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 (Geneva: International Committee of the Red Cross, February 1994), p. 57.

-121-

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