|
Amended Mines Protocol
| Article
1: Scope of application |
|
Article
2: Definitions
|
| Article
3: General restrictions on the use of mines, booby-traps
and other device |
| Article
4: Restrictions on the use of anti-personnel mines
|
| Article
5: Restrictions on the use of anti-personnel mines other
than remotely-delivered mines |
| Article
6: Restrictions on the use of remotely-delivered mines
|
|
Article
7: Prohibitions on the use of booby-traps and other devices
|
| Article
8: Transfers |
| Article
9: Recording and use of information on minefields, mined
areas, mines, booby-traps and other devices |
Article
10: Removal of minefields, mined areas, mines, booby-traps
and other devices and international cooperation
|
| Article
11: Technological cooperation and assistance
|
| Article
12: Protection from the effects of minefields, mined areas,
mines, booby-traps and other devices |
| Article
13: Consultations of High Contracting Parties |
| Article
14: Compliance |
|
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 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
ARTICLE 1: AMENDED PROTOCOL
The Protocol on Prohibitions or Restrictions on the Use of Mines,
Booby-Traps and Other Devices (Protocol II), annexed to the 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 ("the Convention") is hereby amended.
The text of the Protocol as amended shall read as follows:
"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)
Article 1
Scope of application
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, in addition to situations referred
to in Article 1 of this Convention, to situations referred to in
Article 3 common to the Geneva Conventions 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 armed conflicts not of an international character
occurring in the territory of one of the High Contracting Parties,
each party to the conflict shall be bound to apply the prohibitions
and restrictions of this Protocol.
4. Nothing in this Protocol shall be invoked for the purpose of
affecting the sovereignty of a State or the responsibility of the
Government, by all legitimate means, to maintain or re-establish
law and order in the State or to defend the national unity and territorial
integrity of the State.
5. Nothing in this Protocol shall be invoked as a justification
for intervening, directly or indirectly, for any reason whatever,
in the armed conflict or in the internal or external affairs of
the High Contracting Party in the territory of which that conflict
occurs.
6. The application of the provisions of this Protocol to parties
to a conflict, which are not High Contracting Parties that have
accepted this Protocol, shall not change their legal status or the
legal status of a disputed territory, either explicitly or implicitly.
Article 2
Definitions
For the purpose of this Protocol:
1. "Mine" means a munition placed under, on or near the
ground or other surface area and designed to be exploded by the
presence, proximity or contact of a person or vehicle.
2. "Remotely-delivered mine" means a mine not directly
emplaced but delivered by artillery, missile, rocket, mortar, or
similar means, or dropped from an aircraft. Mines delivered from
a land-based system from less than 500 metres are not considered
to be "remotely delivered", provided that they are used
in accordance with Article 5 and other relevant Articles of this
Protocol.
3. "Anti-personnel mine" means a mine primarily designed
to be exploded by the presence, proximity or contact of a person
and that will incapacitate, injure or kill one or more persons.
4. "Booby-trap" means any device or material which is
designed, constructed, or adapted to kill or injure, and which functions
unexpectedly when a person disturbs or approaches an apparently
harmless object or performs an apparently safe act.
5. "Other devices" means manually-emplaced munitions
and devices including improvised explosive devices designed to kill,
injure or damage and which are actuated manually, by remote control
or automatically after a lapse of time.
6. "Military objective" means, so far as objects are
concerned, any object which by its nature, location, purpose or
use makes an effective contribution to military action and whose
total or partial destruction, capture or neutralization, in the
circumstances ruling at the time, offers a definite military advantage.
7. "Civilian objects" are all objects which are not military
objectives as defined in paragraph 6 of this Article.
8. "Minefield" is a defined area in which mines have
been emplaced and "mined area" is an area which is dangerous
due to the presence of mines. "Phoney minefield" means
an area free of mines that simulates a minefield. The term "minefield"
includes phoney minefields.
9. "Recording" means a physical, administrative and technical
operation designed to obtain, for the purpose of registration in
official records, all available information facilitating the location
of minefields, mined areas, mines, booby-traps and other devices.
10. "Self-destruction mechanism" means an incorporated
or externally attached automatically-functioning mechanism which
secures the destruction of the munition into which it is incorporated
or to which it is attached.
11. "Self-neutralization mechanism" means an incorporated
automatically-functioning mechanism which renders inoperable the
munition into which it is incorporated.
12. "Self-deactivating" means automatically rendering
a munition inoperable by means of the irreversible exhaustion of
a component, for example, a battery, that is essential to the operation
of the munition.
13. "Remote control" means control by commands from a
distance.
14. "Anti-handling device" means a device intended to
protect a mine and which is part of, linked to, attached to or placed
under the mine and which activates when an attempt is made to tamper
with the mine.
15. "Transfer" involves, in addition to the physical
movement of mines into or from national territory, the transfer
of title to and control over the mines, but does not involve the
transfer of territory containing emplaced mines.
Article 3
General restrictions on the use of mines, booby-traps and other
devices
1. This Article applies to:
(a) mines;
(b) booby-traps; and
(c) other devices.
2. Each High Contracting Party or party to a conflict is, in accordance
with the provisions of this Protocol, responsible for all mines,
booby-traps, and other devices employed by it and undertakes to
clear, remove, destroy or maintain them as specified in Article
10 of this Protocol.
3. It is prohibited in all circumstances to use any mine, booby-trap
or other device which is designed or of a nature to cause superfluous
injury or unnecessary suffering.
4. Weapons to which this Article applies shall strictly comply
with the standards and limitations specified in the Technical Annex
with respect to each particular category.
5. It is prohibited to use mines, booby-traps or other devices
which employ a mechanism or device specifically designed to detonate
the munition by the presence of commonly available mine detectors
as a result of their magnetic or other non-contact influence during
normal use in detection operations.
6. It is prohibited to use a self-deactivating mine equipped with
an anti-handling device that is designed in such a manner that the
anti-handling device is capable of functioning after the mine has
ceased to be capable of functioning.
7. It is prohibited in all circumstances to direct weapons to which
this Article applies, either in offence, defence or by way of reprisals,
against the civilian population as such or against individual civilians
or civilian objects.
8. The indiscriminate use of weapons to which this Article applies
is prohibited. Indiscriminate use is any placement of such weapons:
(a) which is not on, or directed against, a military objective.
In case of doubt as to whether an object which is normally dedicated
to civilian purposes, such as a place of worship, a house or other
dwelling or a school, is being used to make an effective contribution
to military action, it shall be presumed not to be so used;
(b) which employs a method or means of delivery which cannot be
directed at a specific military objective; or
(c) which may be expected to cause incidental loss of civilian
life, injury to civilians, damage to civilian objects, or a combination
thereof, which would be excessive in relation to the concrete and
direct military advantage anticipated.
9. Several clearly separated and distinct military objectives located
in a city, town, village or other area containing a similar concentration
of civilians or civilian objects are not to be treated as a single
military objective.
10. All feasible precautions shall be taken to protect civilians
from the effects of weapons to which this Article applies. Feasible
precautions are those precautions which are practicable or practically
possible taking into account all circumstances ruling at the time,
including humanitarian and military considerations. These circumstances
include, but are not limited to:
(a) the short- and long-term effect of mines upon the local civilian
population for the duration of the minefield;
(b) possible measures to protect civilians (for example, fencing,
signs, warning and monitoring);
(c) the availability and feasibility of using alternatives; and
(d) the short- and long-term military requirements for a minefield.
11. Effective advance warning shall be given of any emplacement
of mines, booby-traps and other devices which may affect the civilian
population, unless circumstances do not permit.
Article 4
Restrictions on the use of anti-personnel mines
It is prohibited to use anti-personnel mines which are not detectable,
as specified in paragraph 2 of the Technical Annex.
Article 5
Restrictions on the use of anti-personnel mines other than remotely-delivered
mines
1. This Article applies to anti-personnel mines other than remotely-delivered
mines.
2. It is prohibited to use weapons to which this Article applies
which are not in compliance with the provisions on self-destruction
and self-deactivation in the Technical Annex, unless:
(a) such weapons are placed within a perimeter-marked area which
is monitored by military personnel and protected by fencing or other
means, to ensure the effective exclusion of civilians from the area.
The marking must be of a distinct and durable character and must
at least be visible to a person who is about to enter the perimeter-marked
area; and
(b) such weapons are cleared before the area is abandoned, unless
the area is turned over to the forces of another State which accept
responsibility for the maintenance of the protections required by
this Article and the subsequent clearance of those weapons.
3. A party to a conflict is relieved from further compliance with
the provisions of sub-paragraphs 2 (a) and 2 (b) of this Article
only if such compliance is not feasible due to forcible loss of
control of the area as a result of enemy military action, including
situations where direct enemy military action makes it impossible
to comply. If that party regains control of the area, it shall resume
compliance with the provisions of sub-paragraphs 2 (a) and 2 (b)
of this Article.
4. If the forces of a party to a conflict gain control of an area
in which weapons to which this Article applies have been laid, such
forces shall, to the maximum extent feasible, maintain and, if necessary,
establish the protections required by this Article until such weapons
have been cleared.
5. All feasible measures shall be taken to prevent the unauthorized
removal, defacement, destruction or concealment of any device, system
or material used to establish the perimeter of a perimeter-marked
area.
6. Weapons to which this Article applies which propel fragments
in a horizontal arc of less than 90 degrees and which are placed
on or above the ground may be used without the measures provided
for in sub-paragraph 2 (a) of this Article for a maximum period
of 72 hours, if:
(a) they are located in immediate proximity to the military unit
that emplaced them; and
(b) the area is monitored by military personnel to ensure the effective
exclusion of civilians.
Article 6
Restrictions on the use of remotely-delivered mines
1. It is prohibited to use remotely-delivered mines unless they
are recorded in accordance with sub-paragraph 1 (b) of the Technical
Annex.
2. It is prohibited to use remotely-delivered anti-personnel mines
which are not in compliance with the provisions on self-destruction
and self-deactivation in the Technical Annex.
3. It is prohibited to use remotely-delivered mines other than
anti-personnel mines, unless, to the extent feasible, they are equipped
with an effective self-destruction or self-neutralization mechanism
and have a back-up self-deactivation feature, which is designed
so that the mine will no longer function as a mine when the mine
no longer serves the military purpose for which it was placed in
position.
4. Effective advance warning shall be given of any delivery or
dropping of remotely-delivered mines which may affect the civilian
population, unless circumstances do not permit.
Article 7
Prohibitions on the use of booby-traps and other devices
1. Without prejudice to the rules of international law applicable
in armed conflict relating to treachery and perfidy, it is prohibited
in all circumstances to use booby-traps and other devices which
are in any way attached to or associated with:
(a) internationally recognized protective emblems, signs or signals;
(b) sick, wounded or dead persons;
(c) burial or cremation sites or graves;
(d) medical facilities, medical equipment, medical supplies or
medical transportation;
(e) children's toys or other portable objects or products specially
designed for the feeding, health, hygiene, clothing or education
of children;
(f) food or drink;
(g) kitchen utensils or appliances except in military establishments,
military locations or military supply depots;
(h) objects clearly of a religious nature;
(i) historic monuments, works of art or places of worship which
constitute the cultural or spiritual heritage of peoples; or
(j) animals or their carcasses.
2. It is prohibited to use booby-traps or other devices in the
form of apparently harmless portable objects which are specifically
designed and constructed to contain explosive material.
3. Without prejudice to the provisions of Article 3, it is prohibited
to use weapons to which this Article applies in any city, town,
village or other area containing a similar concentration of civilians
in which combat between ground forces is not taking place or does
not appear to be imminent, unless either:
(a) they are placed on or in the close vicinity of a military objective;
or
(b) measures are taken to protect civilians from their effects,
for example, the posting of warning sentries, the issuing of warnings
or the provision of fences.
Article 8
Transfers
1. In order to promote the purposes of this Protocol, each High
Contracting Party:
(a) undertakes not to transfer any mine the use of which is prohibited
by this Protocol;
(b) undertakes not to transfer any mine to any recipient other
than a State or a State agency authorized to receive such transfers;
(c) undertakes to exercise restraint in the transfer of any mine
the use of which is restricted by this Protocol. In particular,
each High Contracting Party undertakes not to transfer any anti-personnel
mines to States which are not bound by this Protocol, unless the
recipient State agrees to apply this Protocol; and
(d) undertakes to ensure that any transfer in accordance with this
Article takes place in full compliance, by both the transferring
and the recipient State, with the relevant provisions of this Protocol
and the applicable norms of international humanitarian law.
2. In the event that a High Contracting Party declares that it
will defer compliance with specific provisions on the use of certain
mines, as provided for in the Technical Annex, sub-paragraph 1 (a)
of this Article shall however apply to such mines.
3. All High Contracting Parties, pending the entry into force of
this Protocol, will refrain from any actions which would be inconsistent
with sub-paragraph 1 (a) of this Article.
Article 9
Recording and use of information on minefields, mined areas,
mines, booby-traps and other devices
1. All information concerning minefields, mined areas, mines, booby-traps
and other devices shall be recorded in accordance with the provisions
of the Technical Annex.
2. All such records shall be retained by the parties to a conflict,
who shall, without delay after the cessation of active hostilities,
take all necessary and appropriate measures, including the use of
such information, to protect civilians from the effects of minefields,
mined areas, mines, booby-traps and other devices in areas under
their control.
At the same time, they shall also make available to the other party
or parties to the conflict and to the Secretary-General of the United
Nations all such information in their possession concerning minefields,
mined areas, mines, booby-traps and other devices laid by them in
areas no longer under their control; provided, however, subject
to reciprocity, where the forces of a party to a conflict are in
the territory of an adverse party, either party may withhold such
information from the Secretary-General and the other party, to the
extent that security interests require such withholding, until neither
party is in the territory of the other. In the latter case, the
information withheld shall be disclosed as soon as those security
interests permit. Wherever possible, the parties to the conflict
shall seek, by mutual agreement, to provide for the release of such
information at the earliest possible time in a manner consistent
with the security interests of each party.
3. This Article is without prejudice to the provisions of Articles
10 and 12 of this Protocol.
Article 10
Removal of minefields, mined areas, mines, booby-traps and other
devices and international cooperation
1. Without delay after the cessation of active hostilities, all
minefields, mined areas, mines, booby-traps and other devices shall
be cleared, removed, destroyed or maintained in accordance with
Article 3 and paragraph 2 of Article 5 of this Protocol.
2. High Contracting Parties and parties to a conflict bear such
responsibility with respect to minefields, mined areas, mines, booby-traps
and other devices in areas under their control.
3. With respect to minefields, mined areas, mines, booby-traps
and other devices laid by a party in areas over which it no longer
exercises control, such party shall provide to the party in control
of the area pursuant to paragraph 2 of this Article, to the extent
permitted by such party, technical and material assistance necessary
to fulfil such responsibility.
4. At all times necessary, the parties shall endeavour to reach
agreement, both among themselves and, where appropriate, with other
States and with international organizations, on the provision of
technical and material assistance, including, in appropriate circumstances,
the undertaking of joint operations necessary to fulfil such responsibilities.
Article 11
Technological cooperation and assistance
1. Each High Contracting Party undertakes to facilitate and shall
have the right to participate in the fullest possible exchange of
equipment, material and scientific and technological information
concerning the implementation of this Protocol and means of mine
clearance. In particular, High Contracting Parties shall not impose
undue restrictions on the provision of mine clearance equipment
and related technological information for humanitarian purposes.
2. Each High Contracting Party undertakes to provide information
to the database on mine clearance established within the United
Nations System, especially information concerning various means
and technologies of mine clearance, and lists of experts, expert
agencies or national points of contact on mine clearance.
3. Each High Contracting Party in a position to do so shall provide
assistance for mine clearance through the United Nations System,
other international bodies or on a bilateral basis, or contribute
to the United Nations Voluntary Trust Fund for Assistance in Mine
Clearance.
4. Requests by High Contracting Parties for assistance, substantiated
by relevant information, may be submitted to the United Nations,
to other appropriate bodies or to other States. These requests may
be submitted to the Secretary-General of the United Nations, who
shall transmit them to all High Contracting Parties and to relevant
international organizations.
5. In the case of requests to the United Nations, the Secretary-General
of the United Nations, within the resources available to the Secretary-General
of the United Nations, may take appropriate steps to assess the
situation and, in cooperation with the requesting High Contracting
Party, determine the appropriate provision of assistance in mine
clearance or implementation of the Protocol. The Secretary-General
may also report to High Contracting Parties on any such assessment
as well as on the type and scope of assistance required.
6. Without prejudice to their constitutional and other legal provisions,
the High Contracting Parties undertake to cooperate and transfer
technology to facilitate the implementation of the relevant prohibitions
and restrictions set out in this Protocol.
7. Each High Contracting Party has the right to seek and receive
technical assistance, where appropriate, from another High Contracting
Party on specific relevant technology, other than weapons technology,
as necessary and feasible, with a view to reducing any period of
deferral for which provision is made in the Technical Annex.
Article 12
Protection from the effects of minefields, mined areas, mines, booby-traps
and other devices
1. Application
(a) With the exception of the forces and missions referred to in
sub-paragraph 2(a)(i) of this Article, this Article applies only
to missions which are performing functions in an area with the consent
of the High Contracting Party on whose territory the functions are
performed.
(b) The application of the provisions of this Article to parties
to a conflict which are not High Contracting Parties shall not change
their legal status or the legal status of a disputed territory,
either explicitly or implicitly.
(c) The provisions of this Article are without prejudice to existing
international humanitarian law, or other international instruments
as applicable, or decisions by the Security Council of the United
Nations, which provide for a higher level of protection to personnel
functioning in accordance with this Article.
2. Peace-keeping and certain other forces and missions
(a) This paragraph applies to:
(i) any United Nations force or mission performing peace-keeping,
observation or similar functions in any area in accordance with
the Charter of the United Nations; and
(ii) any mission established pursuant to Chapter VIII of the Charter
of the United Nations and performing its functions in the area of
a conflict.
(b) Each High Contracting Party or party to a conflict, if so requested
by the head of a force or mission to which this paragraph applies,
shall:
(i) so far as it is able, take such measures as are necessary to
protect the force or mission from the effects of mines, booby-traps
and other devices in any area under its control;
(ii) if necessary in order effectively to protect such personnel,
remove or render harmless, so far as it is able, all mines, booby-traps
and other devices in that area; and
(iii) inform the head of the force or mission of the location of
all known minefields, mined areas, mines, booby-traps and other
devices in the area in which the force or mission is performing
its functions and, so far as is feasible, make available to the
head of the force or mission all information in its possession concerning
such minefields, mined areas, mines, booby-traps and other devices.
3. Humanitarian and fact-finding missions of the United Nations
System
(a) This paragraph applies to any humanitarian or fact-finding
mission of the United Nations System.
(b) Each High Contracting Party or party to a conflict, if so requested
by the head of a mission to which this paragraph applies, shall:
(i) provide the personnel of the mission with the protections set
out in sub-paragraph 2(b)(i) of this Article; and
(ii) if access to or through any place under its control is necessary
for the performance of the mission's functions and in order to provide
the personnel of the mission with safe passage to or through that
place:
(aa) unless on-going hostilities prevent, inform the head of the
mission of a safe route to that place if such information is available;
or
(bb) if information identifying a safe route is not provided in
accordance with sub-paragraph (aa), so far as is necessary and feasible,
clear a lane through minefields.
4. Missions of the International Committee of the Red Cross
(a) This paragraph applies to any mission of the International
Committee of the Red Cross performing functions with the consent
of the host State or States as provided for by the Geneva Conventions
of 12 August 1949 and, where applicable, their Additional Protocols.
(b) Each High Contracting Party or party to a conflict, if so requested
by the head of a mission to which this paragraph applies, shall:
(i) provide the personnel of the mission with the protections set
out in sub-paragraph 2(b)(i) of this Article; and
(ii) take the measures set out in sub-paragraph 3(b)(ii) of this
Article.
5. Other humanitarian missions and missions of enquiry
(a) Insofar as paragraphs 2, 3 and 4 of this Article do not apply
to them, this paragraph applies to the following missions when they
are performing functions in the area of a conflict or to assist
the victims of a conflict:
(i) any humanitarian mission of a national Red Cross or Red Crescent
society or of their International Federation;
(ii) any mission of an impartial humanitarian organization, including
any impartial humanitarian demining mission; and
(iii) any mission of enquiry established pursuant to the provisions
of the Geneva Conventions of 12 August 1949 and, where applicable,
their Additional Protocols.
(b) Each High Contracting Party or party to a conflict, if so requested
by the head of a mission to which this paragraph applies, shall,
so far as is feasible:
(i) provide the personnel of the mission with the protections set
out in sub-paragraph 2(b)(i) of this Article; and
(ii) take the measures set out in sub-paragraph 3(b)(ii) of this
Article.
6. Confidentiality
All information provided in confidence pursuant to this Article
shall be treated by the recipient in strict confidence and shall
not be released outside the force or mission concerned without the
express authorization of the provider of the information.
7. Respect for laws and regulations
Without prejudice to such privileges and immunities as they may
enjoy or to the requirements of their duties, personnel participating
in the forces and missions referred to in this Article shall:
(a) respect the laws and regulations of the host State; and
(b) refrain from any action or activity incompatible with the impartial
and international nature of their duties.
Article 13
Consultations of High Contracting Parties
1. The High Contracting Parties undertake to consult and cooperate
with each other on all issues related to the operation of this Protocol.
For this purpose, a conference of High Contracting Parties shall
be held annually.
2. Participation in the annual conferences shall be determined
by their agreed Rules of Procedure.
3. The work of the conference shall include:
(a) review of the operation and status of this Protocol;
(b) consideration of matters arising from reports by High Contracting
Parties according to paragraph 4 of this Article;
(c) preparation for review conferences; and
(d) consideration of the development of technologies to protect
civilians against indiscriminate effects of mines.
4. The High Contracting Parties shall provide annual reports to
the Depositary, who shall circulate them to all High Contracting
Parties in advance of the conference, on any of the following matters:
(a) dissemination of information on this Protocol to their armed
forces and to the civilian population;
(b) mine clearance and rehabilitation programmes;
(c) steps taken to meet technical requirements of this Protocol
and any other relevant information pertaining thereto;
(d) legislation related to this Protocol;
(e) measures taken on international technical information exchange,
on international cooperation on mine clearance, and on technical
cooperation and assistance; and
(f) other relevant matters.
5. The cost of the Conference of High Contracting Parties shall
be borne by the High Contracting Parties and States not parties
participating in the work of the conference, in accordance with
the United Nations scale of assessment adjusted appropriately.
Article 14
Compliance
1. Each High Contracting Party shall take all appropriate steps,
including legislative and other measures, to prevent and suppress
violations of this Protocol by persons or on territory under its
jurisdiction or control.
2. The measures envisaged in paragraph 1 of this Article include
appropriate measures to ensure the imposition of penal sanctions
against persons who, in relation to an armed conflict and contrary
to the provisions of this Protocol, wilfully kill or cause serious
injury to civilians and to bring such persons to justice.
3. Each High Contracting Party shall also require that its armed
forces issue relevant military instructions and operating procedures
and that armed forces personnel receive training commensurate with
their duties and responsibilities to comply with the provisions
of this Protocol.
4. The High Contracting Parties undertake to consult each other
and to cooperate with each other bilaterally, through the Secretary-General
of the United Nations or through other appropriate international
procedures, to resolve any problems that may arise with regard to
the interpretation and application of the provisions of this Protocol.
Technical Annex
1. Recording
(a) Recording of the location of mines other than remotely-delivered
mines, minefields, mined areas, booby-traps and other devices shall
be carried out in accordance with the following provisions:
(i) the location of the minefields, mined areas and areas of booby-traps
and other devices shall be specified accurately by relation to the
coordinates of at least two reference points and the estimated dimensions
of the area containing these weapons in relation to those reference
points;
(ii) maps, diagrams or other records shall be made in such a way
as to indicate the location of minefields, mined areas, booby-traps
and other devices in relation to reference points, and these records
shall also indicate their perimeters and extent; and
(iii) for purposes of detection and clearance of mines, booby-traps
and other devices, maps, diagrams or other records shall contain
complete information on the type, number, emplacing method, type
of fuse and life time, date and time of laying, anti-handling devices
(if any) and other relevant information on all these weapons laid.
Whenever feasible the minefield record shall show the exact location
of every mine, except in row minefields where the row location is
sufficient. The precise location and operating mechanism of each
booby-trap laid shall be individually recorded.
(b) The estimated location and area of remotely-delivered mines
shall be specified by coordinates of reference points (normally
corner points) and shall be ascertained and when feasible marked
on the ground at the earliest opportunity. The total number and
type of mines laid, the date and time of laying and the self-destruction
time periods shall also be recorded.
(c) Copies of records shall be held at a level of command sufficient
to guarantee their safety as far as possible.
(d) The use of mines produced after the entry into force of this
Protocol is prohibited unless they are marked in English or in the
respective national language or languages with the following information:
(i) name of the country of origin; (ii) month and year of production;
and (iii) serial number or lot number.
The marking should be visible, legible, durable and resistant to
environmental effects, as far as possible.
2. Specifications on detectability
(a) With respect to anti-personnel mines produced after 1 January
1997, such mines shall incorporate in their construction a material
or device that enables the mine to be detected by commonly-available
technical mine detection equipment and provides a response signal
equivalent to a signal from 8 grammes or more of iron in a single
coherent mass.
(b) With respect to anti-personnel mines produced before 1 January
1997, such mines shall either incorporate in their construction,
or have attached prior to their emplacement, in a manner not easily
removable, a material or device that enables the mine to be detected
by commonly-available technical mine detection equipment and provides
a response signal equivalent to a signal from 8 grammes or more
of iron in a single coherent mass.
(c) In the event that a High Contracting Party determines that
it cannot immediately comply with sub-paragraph (b), it may declare
at the time of its notification of consent to be bound by this Protocol
that it will defer compliance with sub-paragraph (b) for a period
not to exceed 9 years from the entry into force of this Protocol.
In the meantime it shall, to the extent feasible, minimize the use
of anti-personnel mines that do not so comply. 3. Specifications
on self-destruction and self-deactivation
(a) All remotely-delivered anti-personnel mines shall be designed
and constructed so that no more than 10% of activated mines will
fail to self-destruct within 30 days after emplacement, and each
mine shall have a back-up self-deactivation feature designed and
constructed so that, in combination with the self-destruction mechanism,
no more than one in one thousand activated mines will function as
a mine 120 days after emplacement.
(b) All non-remotely delivered anti-personnel mines, used outside
marked areas, as defined in Article 5 of this Protocol, shall comply
with the requirements for self-destruction and self-deactivation
stated in sub-paragraph (a).
(c) In the event that a High Contracting Party determines that
it cannot immediately comply with sub-paragraphs (a) and/or (b),
it may declare at the time of its notification of consent to be
bound by this Protocol, that it will, with respect to mines produced
prior to the entry into force of this Protocol, defer compliance
with sub-paragraphs (a) and/or (b) for a period not to exceed 9
years from the entry into force of this Protocol.
During this period of deferral, the High Contracting Party shall:
(i) undertake to minimize, to the extent feasible, the use of anti-personnel
mines that do not so comply; and
(ii) with respect to remotely-delivered anti-personnel mines, comply
with either the requirements for self-destruction or the requirements
for self-deactivation and, with respect to other anti-personnel
mines comply with at least the requirements for self-deactivation.
4. International signs for minefields and mined areas
Signs similar to the example attached and as specified below shall
be utilized in the marking of minefields and mined areas to ensure
their visibility and recognition by the civilian population:
(a) size and shape: a triangle or square no smaller than 28 centimetres
(11 inches) by 20 centimetres (7.9 inches) for a triangle, and 15
centimetres (6 inches) per side for a square;
(b) colour: red or orange with a yellow reflecting border;
(c) symbol: the symbol illustrated in the Attachment, or an alternative
readily recognizable in the area in which the sign is to be displayed
as identifying a dangerous area;
(d) language: the sign should contain the word "mines"
in one of the six official languages of the Convention (Arabic,
Chinese, English, French, Russian and Spanish) and the language
or languages prevalent in that area; and
(e) spacing: signs should be placed around the minefield or mined
area at a distance sufficient to ensure their visibility at any
point by a civilian approaching the area."
(sign) [omitted]
ARTICLE 2: ENTRY INTO FORCE
This amended Protocol shall enter into force as provided for in
paragraph 1 (b) of Article 8 of the Convention.
|