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Alternative Technologies to Replace Antipersonnel Landmines (2001)

Chapter: Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons

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Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Appendix E

The Ottawa Convention and Amended Protocol II of the Convention onConventional Weapons

CONVENTIONON THE PROHIBITION OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER OF ANTI-PERSONNEL MINES ANDON THEIR DESTRUCTION (OTTAWA CONVENTION)

Preamble

The States Parties,

Determined to put an end to the suffering and casualties caused by anti-personnel mines, that kill or maim hundreds of people every week, mostly innocent and defenceless civilians and especially children, obstruct economic development and reconstruction, inhibit the repatriation of refugees and internally displaced persons, and have other severe consequences for years after emplacement,

Believing it necessary to do their utmost to contribute in an efficient and coordinated manner to face the challenge of removing anti-personnel mines placed throughout the world, and to assure their destruction,

Wishing to do their utmost in providing assistance for the care and rehabilitation, including the social and economic reintegration of mine victims,

Recognizing that a total ban of anti-personnel mines would also be an important confidence-building measure,

Welcoming the adoption of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, 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, and calling for the early ratification of this Protocol by all States which have not yet done so,

Welcoming also United Nations General Assembly Resolution 51/45 S of 10 December 1996 urging all States to pursue vigorously an effective, legally-binding international agreement to ban the use, stockpiling, production and transfer of anti-personnel landmines,

Welcoming furthermore the measures taken over the past years, both unilaterally and multilaterally, aiming at prohibiting, restricting or suspending the use, stockpiling, production and transfer of anti-personnel mines,

Stressing the role of public conscience in furthering the principles of humanity as evidenced by the call for a total ban of anti-personnel mines and recognizing the efforts to that end undertaken by the International Red Cross and Red Crescent Movement, the International Campaign to Ban Landmines and numerous other non-governmental organizations around the world,

Recalling the Ottawa Declaration of 5 October 1996 and the Brussels Declaration of 27 June 1997 urging the international community to negotiate an international and legally binding agreement prohibiting the use, stockpiling, production and transfer of anti-personnel mines,

Emphasizing the desirability of attracting the adherence of all States to this Convention, and determined to work strenuously towards the promotion of its universalization in all relevant fora including, inter alia, the United Nations, the Conference on Disarmament, regional organizations, and groupings, and review conferences of 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,

Basing themselves on the principle of international humanitarian law that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited, on the principle that prohibits the employment in armed conflicts of weapons, projectiles and materials and methods of warfare of a nature to cause superfluous injury or unnecessary suffering and on the principle that a distinction must be made between civilians and combatants,

Have agreed as follows:

Article 1

General obligations

    1.Each State Party undertakes never under any circumstances:

      a) To use anti-personnel mines;

Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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b) To develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, anti-personnel mines;

c) To assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention.

2. Each State Party undertakes to destroy or ensure the destruction of all anti-personnel mines in accordance with the provisions of this Convention.

Article 2

Definitions

    1.“Anti-personnel mine” means a mine designed to be exploded by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or more persons. Mines designed to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, that are equipped with anti-handling devices, are not considered antipersonnel mines as a result of being so equipped.

    2. “Mine” means a munition designed to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle.

    3. “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 or otherwise intentionally disturb the mine.

    4. “Transfer” involves, in addition to the physical movement of anti-personnel 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 antipersonnel mines.

    5. “Mined area” means an area which is dangerous due to the presence or suspected presence of mines.

Article 3

Exceptions

    1. Notwithstanding the general obligations under Article 1, the retention or transfer of a number of anti-personnel mines for the development of and training in mine detection, mine clearance, or mine destruction techniques is permitted. The amount of such mines shall not exceed the minimum number absolutely necessary for the above-mentioned purposes.

    2. The transfer of anti-personnel mines for the purpose of destruction is permitted.

Article 4

Destruction of stockpiled anti-personnel mines

Except as provided for in Article 3, each State Party undertakes to destroy or ensure the destruction of all stockpiled anti-personnel mines it owns or possesses, or that are under its jurisdiction or control, as soon as possible but not later than four years after the entry into force of this Convention for that State Party.

Article 5

Destruction of anti-personnel mines in mined areas

    1.Each State Party undertakes to destroy or ensure the destruction of all anti-personnel mines in mined areas under its jurisdiction or control, as soon as possible but not later than ten years after the entry into force of this Convention for that State Party.

    2. Each State Party shall make every effort to identify all areas under its jurisdiction or control in which anti-personnel mines are known or suspected to be emplaced and shall ensure as soon as possible that all anti-personnel mines in mined areas under its jurisdiction or control are perimeter-marked, monitored and protected by fencing or other means, to ensure the effective exclusion of civilians, until all antipersonnel mines contained therein have been destroyed. The marking shall at least be to the standards set out in the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, 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.

    3. If a State Party believes that it will be unable to destroy or ensure the destruction of all anti-personnel mines referred to in paragraph 1 within that time period, it may submit a request to a Meeting of the States Parties or a Review Conference for an extension of the deadline for completing the destruction of such anti-personnel mines, for a period of up to ten years.

    4. Each request shall contain:

      a) The duration of the proposed extension;

      b) A detailed explanation of the reasons for the proposed extension, including:

        (i) The preparation and status of work conducted under national detaining programs;

        (ii) The financial and technical means available to the State Party for the destruction of all the anti-personnel mines; and

        (iii) Circumstances which impede the ability of the State Party to destroy all the anti-personnel mines in mined areas;

      c) The humanitarian, social, economic, and environmental implications of the extension; and

      d) Any other information relevant to the request for the proposed extension.

    5. The Meeting of the States Parties or the Review Conference shall, taking into consideration the factors contained in

Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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paragraph 4, assess the request and decide by a majority of votes of States Parties present and voting whether to grant the request for an extension period.

6. Such an extension may be renewed upon the submission of a new request in accordance with paragraphs 3, 4 and 5 of this Article. In requesting a further extension period a State Party shall submit relevant additional information on what has been undertaken in the previous extension period pursuant to this Article.

Article 6

International cooperation and assistance

    1.In fulfilling its obligations under this Convention each State Party has the right to seek and receive assistance, where feasible, from other States Parties to the extent possible.

    2. Each State 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 Convention. The States Parties shall not impose undue restrictions on the provision of mine clearance equipment and related technological information for humanitarian purposes.

    3. Each State Party in a position to do so shall provide assistance for the care and rehabilitation, and social and economic reintegration, of mine victims and for mine awareness programs. Such assistance may be provided, inter alia, through the United Nations system, international, regional or national organizations or institutions, the International Committee of the Red Cross, national Red Cross and Red Crescent societies and their International Federation, non-governmental organizations, or on a bilateral basis.

    4. Each State Party in a position to do so shall provide assistance for mine clearance and related activities. Such assistance may be provided, inter alia, through the United Nations system, international or regional organizations or institutions, non-governmental organizations or institutions, or on a bilateral basis, or by contributing to the United Nations Voluntary Trust Fund for Assistance in Mine Clearance, or other regional funds that deal with detaining.

    5. Each State Party in a position to do so shall provide assistance for the destruction of stockpiled anti-personnel mines.

    6. Each State 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.

    7. States Parties may request the United Nations, regional organizations, other States Parties or other competent intergovernmental or non-governmental fora to assist its authorities in the elaboration of a national demining program to determine, inter alia:

      a) The extent and scope of the anti-personnel mine problem;

      b) The financial, technological and human resources that are required for the implementation of the program;

      c) The estimated number of years necessary to destroy all anti-personnel mines in mined areas under the jurisdiction or control of the concerned State Party;

      d) Mine awareness activities to reduce the incidence of mine-related injuries or deaths;

      e) Assistance to mine victims;

      f) The relationship between the Government of the concerned State Party and the relevant governmental, intergovernmental or non-governmental entities that will work in the implementation of the program.

    8. Each State Party giving and receiving assistance under the provisions of this Article shall cooperate with a view to ensuring the full and prompt implementation of agreed assistance programs.

Article 7

Transparency measures

    1.Each State Party shall report to the Secretary-General of the United Nations as soon as practicable, and in any event not later than 180 days after the entry into force of this Convention for that State Party on:

      a) The national implementation measures referred to in Article 9;

      b) The total of all stockpiled anti-personnel mines owned or possessed by it, or under its jurisdiction or control, to include a breakdown of the type, quantity and, if possible, lot numbers of each type of anti-personnel mine stockpiled;

      c) To the extent possible, the location of all mined areas that contain, or are suspected to contain, anti-personnel mines under its jurisdiction or control, to include as much detail as possible regarding the type and quantity of each type of anti-personnel mine in each mined area and when they were emplaced;

      d) The types, quantities and, if possible, lot numbers of all anti-personnel mines retained or transferred for the development of and training in mine detection, mine clearance or mine destruction techniques, or transferred for the purpose of destruction, as well as the institutions authorized by a State Party to retain or transfer anti-personnel mines, in accordance with Article 3;

      e) The status of programs for the conversion or decommissioning of anti-personnel mine production facilities;

      f) The status of programs for the destruction of antipersonnel mines in accordance with Articles 4 and 5, including details of the methods which will be used in destruction, the location of all destruction sites and the applicable safety and environmental standards to be observed;

Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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g) The types and quantities of all anti-personnel mines destroyed after the entry into force of this Convention for that State Party, to include a breakdown of the quantity of each type of anti-personnel mine destroyed, in accordance with Articles 4 and 5, respectively, along with, if possible, the lot numbers of each type of anti-personnel mine in the case of destruction in accordance with Article 4;

h) The technical characteristics of each type of antipersonnel mine produced, to the extent known, and those currently owned or possessed by a State Party, giving, where reasonably possible, such categories of information as may facilitate identification and clearance of anti-personnel mines; at a minimum, this information shall include the dimensions, fusing, explosive content, metallic content, colour photographs and other information which may facilitate mine clearance; and

i) The measures taken to provide an immediate and effective warning to the population in relation to all areas identified under paragraph 2 of Article 5.

2. The information provided in accordance with this Article shall be updated by the States Parties annually, covering the last calendar year, and reported to the Secretary-General of the United Nations not later than 30 April of each year.

3. The Secretary-General of the United Nations shall transmit all such reports received to the States Parties.

Article 8

Facilitation and clarificationof compliance

    1.The States Parties agree to consult and cooperate with each other regarding the implementation of the provisions of this Convention, and to work together in a spirit of cooperation to facilitate compliance by States Parties with their obligations under this Convention.

    2. If one or more States Parties wish to clarify and seek to resolve questions relating to compliance with the provisions of this Convention by another State Party, it may submit, through the Secretary-General of the United Nations, a Request for Clarification of that matter to that State Party. Such a request shall be accompanied by all appropriate information. Each State Party shall refrain from unfounded Requests for Clarification, care being taken to avoid abuse. A State Party that receives a Request for Clarification shall provide, through the Secretary-General of the United Nations, within 28 days to the requesting State Party all information which would assist in clarifying this matter.

    3. If the requesting State Party does not receive a response through the Secretary-General of the United Nations within that time period, or deems the response to the Request for Clarification to be unsatisfactory, it may submit the matter through the Secretary-General of the United Nations to the next Meeting of the States Parties. The Secretary-General of the United Nations shall transmit the submission, accompanied by all appropriate information pertaining to the Request for Clarification, to all States Parties. All such information shall be presented to the requested State Party which shall have the right to respond.

    4. Pending the convening of any meeting of the States Parties, any of the States Parties concerned may request the Secretary-General of the United Nations to exercise his or her good offices to facilitate the clarification requested.

    5. The requesting State Party may propose through the Secretary-General of the United Nations the convening of a Special Meeting of the States Parties to consider the matter. The Secretary-General of the United Nations shall thereupon communicate this proposal and all information submitted by the States Parties concerned, to all States Parties with a request that they indicate whether they favour a Special Meeting of the States Parties, for the purpose of considering the matter. In the event that within 14 days from the date of such communication, at least one-third of the States Parties favours such a Special Meeting, the Secretary-General of the United Nations shall convene this Special Meeting of the States Parties within a further 14 days. A quorum for this Meeting shall consist of a majority of States Parties.

    6. The Meeting of the States Parties or the Special Meeting of the States Parties, as the case may be, shall first determine whether to consider the matter further, taking into account all information submitted by the States Parties concerned. The Meeting of the States Parties or the Special Meeting of the States Parties shall make every effort to reach a decision by consensus. If despite all efforts to that end no agreement has been reached, it shall take this decision by a majority of States Parties present and voting.

    7. All States Parties shall cooperate fully with the Meeting of the States Parties or the Special Meeting of the States Parties in the fulfilment of its review of the matter, including any fact-finding missions that are authorized in accordance with paragraph 8.

    8. If further clarification is required, the Meeting of the States Parties or the Special Meeting of the States Parties shall authorize a fact-finding mission and decide on its mandate by a majority of States Parties present and voting. At any time the requested State Party may invite a fact-finding mission to its territory. Such a mission shall take place without a decision by a Meeting of the States Parties or a Special Meeting of the States Parties to authorize such a mission. The mission, consisting of up to 9 experts, designated and approved in accordance with paragraphs 9 and 10, may collect additional information on the spot or in other places directly related to the alleged compliance issue under the jurisdiction or control of the requested State Party.

    9. The Secretary-General of the United Nations shall prepare and update a list of the names, nationalities and other relevant data of qualified experts provided by States Parties

Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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and communicate it to all States Parties. Any expert included on this list shall be regarded as designated for all fact-finding missions unless a State Party declares its non-acceptance in writing. In the event of non-acceptance, the expert shall not participate in fact-finding missions on the territory or any other place under the jurisdiction or control of the objecting State Party, if the non-acceptance was declared prior to the appointment of the expert to such missions.

10. Upon receiving a request from the Meeting of the States Parties or a Special Meeting of the States Parties, the Secretary-General of the United Nations shall, after consultations with the requested State Party, appoint the members of the mission, including its leader. Nationals of States Parties requesting the fact-finding mission or directly affected by it shall not be appointed to the mission. The members of the fact-finding mission shall enjoy privileges and immunities under Article VI of the Convention on the Privileges and Immunities of the United Nations, adopted on 13 February 1946.

11. Upon at least 72 hours notice, the members of the factfinding mission shall arrive in the territory of the requested State Party at the earliest opportunity. The requested State Party shall take the necessary administrative measures to receive, transport and accommodate the mission, and shall be responsible for ensuring the security of the mission to the maximum extent possible while they are on territory under its control.

12. Without prejudice to the sovereignty of the requested State Party, the fact-finding mission may bring into the territory of the requested State Party the necessary equipment which shall be used exclusively for gathering information on the alleged compliance issue. Prior to its arrival, the mission will advise the requested State Party of the equipment that it intends to utilize in the course of its fact-finding mission.

13. The requested State Party shall make all efforts to ensure that the fact-finding mission is given the opportunity to speak with all relevant persons who may be able to provide information related to the alleged compliance issue.

14. The requested State Party shall grant access for the factfinding mission to all areas and installations under its control where facts relevant to the compliance issue could be expected to be collected. This shall be subject to any arrangements that the requested State Party considers necessary for:

    a) The protection of sensitive equipment, information and areas;

    b) The protection of any constitutional obligations the requested State Party may have with regard to proprietary rights, searches and seizures, or other constitutional rights; or

    c) The physical protection and safety of the members of the fact-finding mission. In the event that the requested State Party makes such arrangements, it shall make every reasonable effort to demonstrate through alternative means its compliance with this Convention.

15. The fact-finding mission may remain in the territory of the State Party concerned for no more than 14 days, and at any particular site no more than 7 days, unless otherwise agreed.

16. All information provided in confidence and not related to the subject matter of the fact-finding mission shall be treated on a confidential basis.

17. The fact-finding mission shall report, through the Secretary-General of the United Nations, to the Meeting of the States Parties or the Special Meeting of the States Parties the results of its findings.

18. The Meeting of the States Parties or the Special Meeting of the States Parties shall consider all relevant information, including the report submitted by the fact-finding mission, and may request the requested State Party to take measures to address the compliance issue within a specified period of time. The requested State Party shall report on all measures taken in response to this request.

19. The Meeting of the States Parties or the Special Meeting of the States Parties may suggest to the States Parties concerned ways and means to further clarify or resolve the matter under consideration, including the initiation of appropriate procedures in conformity with international law. In circumstances where the issue at hand is determined to be due to circumstances beyond the control of the requested State Party, the Meeting of the States Parties or the Special Meeting of the States Parties may recommend appropriate measures, including the use of cooperative measures referred to in Article 6.

20. The Meeting of the States Parties or the Special Meeting of the States Parties shall make every effort to reach its decisions referred to in paragraphs 18 and 19 by consensus, otherwise by a two-thirds majority of States Parties present and voting.

Article 9

National implementation measures

Each State Party shall take all appropriate legal, administrative and other measures, including the imposition of penal sanctions, to prevent and suppress any activity prohibited to a State Party under this Convention undertaken by persons or on territory under its jurisdiction or control.

Article 10

Settlement of disputes

    1.The States Parties shall consult and cooperate with each other to settle any dispute that may arise with regard to the application or the interpretation of this Convention. Each

Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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State Party may bring any such dispute before the Meeting of the States Parties.

2. The Meeting of the States Parties may contribute to the settlement of the dispute by whatever means it deems appropriate, including offering its good offices, calling upon the States parties to a dispute to start the settlement procedure of their choice and recommending a time-limit for any agreed procedure.

3. This Article is without prejudice to the provisions of this Convention on facilitation and clarification of compliance.

Article 11

Meetings of the States Parties

    1.The States Parties shall meet regularly in order to consider any matter with regard to the application or implementation of this Convention, including:

      a) The operation and status of this Convention;

      b) Matters arising from the reports submitted under the provisions of this Convention;

      c) International cooperation and assistance in accordance with Article 6;

      d) The development of technologies to clear antipersonnel mines;

      e) Submissions of States Parties under Article 8; and

      f) Decisions relating to submissions of States Parties as provided for in Article 5.

    2. The First Meeting of the States Parties shall be convened by the Secretary-General of the United Nations within one year after the entry into force of this Convention. The subsequent meetings shall be convened by the Secretary-General of the United Nations annually until the first Review Conference.

    3. Under the conditions set out in Article 8, the Secretary-General of the United Nations shall convene a Special Meeting of the States Parties.

    4. States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations may be invited to attend these meetings as observers in accordance with the agreed Rules of Procedure.

Article 12

Review Conferences

    1.A Review Conference shall be convened by the SecretaryGeneral of the United Nations five years after the entry into force of this Convention. Further Review Conferences shall be convened by the Secretary-General of the United Nations if so requested by one or more States Parties, provided that the interval between Review Conferences shall in no case be less than five years. All States Parties to this Convention shall be invited to each Review Conference.

    2. The purpose of the Review Conference shall be:

      a) To review the operation and status of this Convention;

      b) To consider the need for and the interval between further Meetings of the States Parties referred to in paragraph 2 of Article 11;

      c) To take decisions on submissions of States Parties as provided for in Article 5; and

      d) To adopt, if necessary, in its final report conclusions related to the implementation of this Convention.

    3. States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations may be invited to attend each Review Conference as observers in accordance with the agreed Rules of Procedure.

Article 13

Amendments

    1.At any time after the entry into force of this Convention any State Party may propose amendments to this Convention. Any proposal for an amendment shall be communicated to the Depositary, who shall circulate it to all States Parties and shall seek their views on whether an Amendment Conference should be convened to consider the proposal. If a majority of the States Parties notify the Depositary no later than 30 days after its circulation that they support further consideration of the proposal, the Depositary shall convene an Amendment Conference to which all States Parties shall be invited.

    2. States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations may be invited to attend each Amendment Conference as observers in accordance with the agreed Rules of Procedure.

    3. The Amendment Conference shall be held immediately following a Meeting of the States Parties or a Review Conference unless a majority of the States Parties request that it be held earlier.

    4. Any amendment to this Convention shall be adopted by a majority of two-thirds of the States Parties present and voting at the Amendment Conference. The Depositary shall communicate any amendment so adopted to the States Parties.

    5. An amendment to this Convention shall enter into force for all States Parties to this Convention which have accepted

Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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it, upon the deposit with the Depositary of instruments of acceptance by a majority of States Parties. Thereafter it shall enter into force for any remaining State Party on the date of deposit of its instrument of acceptance.

Article 14

Costs

    1.The costs of the Meetings of the States Parties, the Special Meetings of the States Parties, the Review Conferences and the Amendment Conferences shall be borne by the States Parties and States not parties to this Convention participating therein, in accordance with the United Nations scale of assessment adjusted appropriately.

    2. The costs incurred by the Secretary-General of the United Nations under Articles 7 and 8 and the costs of any factfinding mission shall be borne by the States Parties in accordance with the United Nations scale of assessment adjusted appropriately.

Article 15

Signature

This Convention, done at Oslo, Norway, on 18 September 1997, shall be open for signature at Ottawa, Canada, by all States from 3 December 1997 until 4 December 1997, and at the United Nations Headquarters in New York from 5 December 1997 until its entry into force.

Article 16

Ratification, acceptance, approval or accession

    1.This Convention is subject to ratification, acceptance or approval of the Signatories.

    2. It shall be open for accession by any State which has not signed the Convention.

    3. The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.

Article 17

Entry into force

    1.This Convention shall enter into force on the first day of the sixth month after the month in which the 40th instrument of ratification, acceptance, approval or accession has been deposited.

    2. For any State which deposits its instrument of ratification, acceptance, approval or accession after the date of the deposit of the 40th instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the sixth month after the date on which that State has deposited its instrument of ratification, acceptance, approval or accession.

Article 18

Provisional application

Any State may at the time of its ratification, acceptance, approval or accession, declare that it will apply provisionally paragraph 1 of Article 1 of this Convention pending its entry into force.

Article 19

Reservations

The Articles of this Convention shall not be subject to reservations.

Article 20

Duration and withdrawal

    1.This Convention shall be of unlimited duration.

    2. Each State Party shall, in exercising its national sovereignty, have the right to withdraw from this Convention. It shall give notice of such withdrawal to all other States Parties, to the Depositary and to the United Nations Security Council. Such instrument of withdrawal shall include a full explanation of the reasons motivating this withdrawal.

    3. Such withdrawal shall only take effect six months after the receipt of the instrument of withdrawal by the Depositary. If, however, on the expiry of that six- month period, the withdrawing State Party is engaged in an armed conflict, the withdrawal shall not take effect before the end of the armed conflict.

    4. The withdrawal of a State Party from this Convention shall not in any way affect the duty of States to continue fulfilling the obligations assumed under any relevant rules of international law.

Article 21

Depositary

The Secretary-General of the United Nations is hereby designated as the Depositary of this Convention.

Article 22

Authentic texts

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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AMENDED PROTOCOL II OF 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 (CONVENTION ON CONVENTIONAL WEAPONS [CCW])

Article I - 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 I 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 reestablish 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

Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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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; or

      (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 apself-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.

Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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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 I (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

Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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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, subparagraph I (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 I (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

Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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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 appries 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;

        (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 factfinding 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 above 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:

Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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    (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 I 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, boobytraps 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;

        (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

Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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feasible marked on the ground at the earliest opportunity. The total number and types 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 [1] 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.

Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Page 111
Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Page 112
Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Page 113
Suggested Citation:"Appendix E: The Ottawa Convention and Amended Protocol II of the Convention on Conventional Weapons." National Research Council. 2001. Alternative Technologies to Replace Antipersonnel Landmines. Washington, DC: The National Academies Press. doi: 10.17226/10071.
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Page 114
Next: Appendix F: Signatories to the Ottawa Convention and Their Alternatives to Landmines »
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This book examines potential technologies for replacing antipersonnel landmines by 2006, the U.S. target date for signing an international treaty banning these weapons. Alternative Technologies to Replace Antipersonnel Landmines emphasizes the role that technology can play to allow certain weapons to be used more selectively, reducing the danger to uninvolved civilians while improving the effectiveness of the U.S. military. Landmines are an important weapon in the U.S. military’s arsenal but the persistent variety can cause unintended casualties, to both civilians and friendly forces. New technologies could replace some, but not all, of the U.S. military’s antipersonnel landmines by 2006. In the period following 2006, emerging technologies might eliminate the landmine totally, while retaining the necessary functionalities that today’s mines provide to the military.

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