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

ANNEX I
Chairman's Rolling Text
Chairman's Rolling TextCCW/CONF.I/GE.23
CCW/CONF.I/1
Article 1
[Material] Scope of Application

ALTERNATIVE A:
1. [This Protocol relates to the use on land of the mines, booby-traps and other devices defined herein including mines laid to interdict beaches, waterway crossings or river crossings, but does not apply to the use of anti-ship mines at sea or in inland waterways.
2. With the main purpose of protecting the civilian population, this Protocol shall apply in all circumstances including armed conflict and times of peace.
3. Nothing in this Protocol shall be invoked as affecting the purposes and principles contained in the United Nations Charter.
4. The application of the provisions of this Protocol to or by parties to a conflict which are not States parties shall not change their legal status or the legal status of a disputed territory, either explicitly or implicitly.]

ALTERNATIVE B:
1. [This Protocol relates to the use on land of the mines, booby-traps and other devices defined herein including mines laid to interdict beaches, waterway crossings or river crossings, but does not apply to the use of anti-ship mines at sea or in inland waterways.
2. This Protocol shall apply to situations referred to in Articles 2 and 3 and common to the Geneva Convention of 12 August 1949. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.
3. In case of conflicts referred to in paragraph 2 above that take place in the territory of a High Contracting Party that has accepted this Protocol, the dissident armed groups in its territory shall be automatically bound to apply the prohibitions and restrictions of this Protocol on the same basis.

-373-

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