Mine ban policy overview

Policy

The Republic of Poland signed the Mine Ban Treaty on 4 December 1997, but has yet to ratify it. A policy change in 2004 set the goal of ratification as early as 2006, but Poland began to back away from this commitment in early 2006.^[1] In January 2007 the Ministry of Foreign Affairs informed the ICBL that Poland would not ratify before 2015, as it continued to develop alternatives to antipersonnel mines.^[2]

In 2009, Poland changed course again. On 17 February 2009, the Council of Ministers formally accepted a policy introduced by the Minister of Foreign Affairs, titled “Information on the state of readiness of the Council of Ministers to bind the Republic of Poland by the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction,” which set 2012 as the date of ratification.^[3]

On 4 December 2009, Poland publicly confirmed its commitment to ratifying the Mine Ban Treaty in 2012 at the treaty’s Second Review Conference in Cartagena, Colombia.^[4]

In April 2010, the Ministry of Foreign Affairs informed Landmine and Cluster Munition Monitor that, while no legislative initiatives had yet been undertaken,^[5] concrete steps ensuring the adequate implementation of the treaty’s provisions would be carried out in 2011.^[6]

Poland submitted its eighth voluntary Article 7 transparency report in 2010, which was undated but covered calendar year 2009.^[7] The report contained information on Poland’s stockpiled antipersonnel mines and their destruction, and its international clearance activities.^[8]

Poland is party to the Convention on Conventional Weapons (CCW) and its Amended Protocol II on landmines. Poland submitted an annual report in accordance with the protocol’s Article 13 on 23 September 2009.^[9] Poland has not yet ratified Protocol V on Explosive Remnants of War.

Production, transfer, use, stockpiling, and destruction

Since signing the Mine Ban Treaty in 1997, Poland has regularly stated that it does not produce, export, or use antipersonnel mines. In March 2006, Poland told Landmine Monitor that current military doctrine does not foresee the use of antipersonnel mines, including in joint military operations or exercises with other states.^[10]

In the past, Poland produced three types of antipersonnel mines and imported a fourth type. Poland exported antipersonnel mines until 1993. An export moratorium in 1995 was made permanent by cabinet decree on 7 April 1998, which was then superseded by a law adopted in September 2002.^[11]

Poland began destroying its stockpile of more than one million antipersonnel mines in 2003.^[12] It destroyed 133,560 stockpiled antipersonnel mines in 2009, leaving a total of 200,013.^[13] In 2008, Poland destroyed 651,117 mines, or two-thirds of its stockpile.^[14] This was a much more rapid destruction of stockpiles than previously planned.^[15]

As part of its search for alternatives to landmines, in 2008 Poland started a research project “aimed at the development of a modern and comprehensive system of engineering obstacles (barriers)” which might include “explosive devices controlled by an operator.” Poland spent PLN450,000 (US$189,878) on this project in 2008,^[16] and an additional PLN655,000 ($212,213) in 2009.^[17]

In June 2008, a Polish diplomat confirmed that Poland intends to retain about 5,000 antipersonnel mines for training purposes. He emphasized that Poland will not commit to a specific number until after ratification and after the stockpile has decreased significantly.^[18] In its Article 7 reports, Poland has not reported that it will retain mines for training or development purposes, but rather has stated “not applicable” in Form D concerning retained mines.^[19] In 2009, Poland used 326 empty antipersonnel mine casings to train demining squads for peacekeeping and stabilization missions,^[20] up from 295 casings used in 2008,^[21] and 144 in 2007.^[22]

Poland has acknowledged that it possesses Claymore-type directional fragmentation mines, and said that these are “meant exclusively for mine-controlled detonation…[which] excludes the possibility of accidental detonation.” The MON-100 is described in Poland’s first Article 7 report as a “[d]irectional fragmentation mine, if equipped with a MUW fuse attached to a tripwire.”^[23]

 

 

Policy

The Republic of Poland has not acceded to the Convention on Cluster Munitions. In 2010, Poland reiterated its position that it does not foresee joining the Convention on Cluster Munitions at present due to “legitimate security needs” and a lack of alternatives to cluster munitions.[1] Poland has consistently expressed a preference for work on the issue of cluster munitions within the framework of the Convention on Conventional Weapons (CCW).

In July 2010, the Ministry of Foreign Affairs repeated that Poland attaches “the utmost importance to the humanitarian aspects of the use of cluster munitions and supports measures designed to reduce civilian losses and suffering,” but confirmed that Poland was not in a position to join the convention, “nor to introduce a moratorium on the use/production/acquisition and transfer of cluster munitions. No new decisions or actions on this subject have been taken recently.”[2]

Poland has emphasized that it considers cluster munitions which meet “high reliability criteria” to be “legitimate weapons of significant military value.”[3] When asked to define “high reliability criteria,” the Ministry of Foreign Affairs responded to Landmine and Cluster Munition Monitor that “high reliability criteria” are met by “types of munitions for which the rate of unexploded submunitions does not exceed 3% or which are equipped with self-destruct or self-neutralize mechanisms.”[4]

Poland did not attend any of the international or regional conferences on the convention in 2009 or 2010 through July. Poland has, however, stated it is planning to attend as an observer the First Meeting of States Parties to the convention in November 2010.[5]

In July 2010, 43 Polish Members of the European Parliament voted 35 to seven (with one abstention) in favor of a European Parliament resolution that was passed in support of the Convention on Cluster Munitions and that expressed concerns about work on cluster munitions in the Convention on Conventional Weapons (CCW). [6]

Poland participated in a number of the international preparatory conferences of the Oslo Process that led to the creation of the convention. However, from the start, Poland made it clear that it did not support a comprehensive prohibition on cluster munitions and that it preferred to address the issue within the framework of the CCW. Poland was one of three states present at the initial conference launching the process in February 2007 that did not endorse the Oslo Declaration, in which states pledged to negotiate a legally-binding instrument by the end of 2008 prohibiting cluster munitions that cause unacceptable humanitarian harm. Poland attended both the negotiations of the convention in Dublin in May 2008 and the Convention on Cluster Munitions Signing Conference in Oslo in December 2008 only as an observer.[7]

Poland signed the Mine Ban Treaty, but has yet to ratify it. Poland has indicated that it will do so in 2012.[8] 

Convention on Conventional Weapons

Poland is party to the CCW, but has yet to ratify Protocol V on explosive remnants of war. According to the Ministry of Foreign Affairs, Poland intends to ratify Protocol V by the end of 2010.[9]

Poland actively engaged in the work of the CCW in 2009 and the first half of 2010 on cluster munitions. Within the CCW forum, Poland has stated that it is prepared to accept restrictions for certain types of munitions that cause unacceptable harm to civilians and stated that “in our opinion it would be counterproductive to insist on establishing any ban covering the whole category of cluster munitions or any immediate prohibitions without a possibility for states to ask for a transitional period.”[10] 

The Ministry of Foreign Affairs told Landmine and Cluster Munition Monitor that in its view, restrictions on cluster munitions, or a ban on cluster munitions after a transition period, should cover types of submunitions not equipped with self-destruction or self-neutralization devices, or those exceeding a 3% failure rate.[11]

During discussions in the CCW in April 2010, Poland stated that it was still technically feasible to produce cluster munitions with only one safeguard that “will not cause humanitarian harm” and opposed provisions requiring additional safeguards.[12] It strongly objected to proposals requiring a self-destruct mechanism to be “in addition to the primary fuzing mechanism.”[13]

Poland has emphasized that in its view a future CCW agreement on cluster munitions would not be contradictory to the Convention on Cluster Munitions.[14] Poland has said that countries that have adopted a higher standard on cluster munitions should have no problem with others adopting a lesser one. For those adopting the lesser standard, it should be seen as a time of transition.[15]

Use

According to the Ministry of Foreign Affairs, “The Polish Armed Forces have never used cluster munitions in combat.”[16] However, Polish forces deployed in Afghanistan possessed the weapon. In a July 2010 letter, the Ministry of Foreign Affairs acknowledged that the Polish Military Contingent (PMC) in Afghanistan “has been equipped with 98mm mortars and appropriate cluster munitions.”[17] The ministry stated, “To date, cluster munitions have never been used in combat in Afghanistan by members of the PMC.”[18] 

One press report suggested that Polish forces in Afghanistan came close to using cluster munitions in September 2007 at Nangar Khel. Allegedly, a platoon was ordered to take cluster munitions for its 98mm mortars to the operation. During combat, the platoon commander allegedly refused to fire cluster munitions at some of the targets fearing they might be civilian objects.[19]

Asked about the 2007 Nagnar Khel incident and whether the PMC received orders to fire cluster munitions, the ministry replied, “PMC patrols are not equipped with 98 mm mortars, so the order could not have been given.”[20] 

The Foreign Ministry also described the Polish rules of engagement for the use of cluster munitions in Afghanistan, stating, “Pursuant to the 2008 order of the Chief of General Staff of the Polish Armed Forces cluster munitions at the disposal of the PMC in Afghanistan may be used exclusively to repel a direct attack on a PMC base, as a last resort when the lives of base personnel are under threat. They may be used exclusively at the order of the PMC Commander. These principles constitute part of the rules of engagement of the PMC.” The ministry said that NATO’s International Security Assistance Force policy not to use cluster munitions in Afghanistan “has been put into effect through the order of the Chief of General Staff” described above. [21]

Poland acknowledged that before the 2008 order of the Chief of General Staff was issued, cluster munitions “had been used for test firing” in Afghanistan, stating, “When such tests were conducted, the area used was specially secured and checked before and after firing tests by an Explosive Ordnance Disposal Unit. Additionally, during the firings, the area was under observation by designated troops from the unit conducting the firings. Meticulous checks conducted in the firing zone proved in every case that the cluster munitions were 100% effective (no unexploded remnants).” [22]  

In another communication with Landmine and Cluster Munition Monitor, Poland confirmed that it did not use cluster munitions in combat operations in 2009, but noted that Polish Air Force Su-22M4 aircraft crews dropped cluster bombs in 2009 on training grounds.[23] 

Stockpiling

Poland acknowledges possessing both air-dropped and surface-launched cluster munitions.[24]  Polish Land Forces are equipped with the following types:

·         122mm unguided rocket projectile M-21FK “FENIKS-Z,” containing 42 GKO submunitions. These munitions are deployed by BM-21/21M or RM-70/85 Multiple Launch Rocket Systems.

·         122mm unguided artillery shell “HESYT-1,” containing 20 GKO submunitions. These munitions are deployed by the self-propelled howitzer HS 2S1 “GOŹDZIK.”

·         98mm unguided mortar shell “RAD-2,” containing 12 GKO submunitions and deployed by M-98 mortars.

The Polish Air Force possesses the following types of cluster munitions:

·         ZK-300 cluster bomb, containing 315 PLBOk fragmentation bomblets; both the carrier and bomblets were designed and produced in Poland.

·         BKF expendable unit loader with anti-tank, incendiary and fragmentation bomblets, imported from the former Soviet Union.

According to the Ministry of Foreign Affairs, “The GKO submunitions are typical DPICM (Dual Purpose Improved Conventional Munitions) that combine anti-personnel fragmentation feature with an anti-armour shaped charge. It should be stressed that the GKO – the entirely Polish design – is relatively new and modern. Both the GKO submunitions and their carriers, which the Polish Armed Forces are equipped with, have been produced in Poland since 2001. The GKO incorporate a back-up self-destruction mechanism, which destroys the unexploded on impact submunitions after a set delay of about 20 seconds. The simple and reliable fuse sequence with two independent detonators ensures negligible failure rate of the submunitions in all environmental conditions. High reliability of the GKO has been confirmed during acceptance trials and field trials in different conditions.”[25]

The Ministry of Foreign Affairs also stated that the “obsolete [air-dropped] cluster munitions entered into service in 1980s during the Warsaw Pact Era. These weapons are carried by Su-22 aircrafts. It should be stressed that the current military Air Forces doctrine does not anticipate any use of air-delivered cluster munitions in military operations. Therefore, it is almost certain that those weapons will be left untouched in their storage sites until their life span expires.”[26]

However, as indicated above, Poland acknowledged in April 2010 that the Polish Air Force used cluster munitions in 2009 for training crews of Su-22M4 aircraft. It confirmed that the Polish Armed Forces are equipped with cluster munitions for the Su-22M4 aircraft and stated, “If this ammunition is not fully used in training purposes, after the exhaustion of services life, they will be subject to disposal and destruction.”[27]

In 2010, in response to a Landmine and Cluster Munition Monitor inquiry about contradictory information on whether Poland purchased CBU-87 and CBU-97 cluster munitions along with F-16 multirole fighter planes from the United States, the Ministry of Foreign Affairs stated that “Poland did not seek to purchase cluster munitions for the aircraft. Accordingly, no purchases of cluster munitions – including CBU-87 and CBU-97 – have been made. There are no plans to acquire cluster munitions under the F-16 program in the future. Furthermore, cluster munitions have not been acquired for other aviation weapons systems.”[28]

A standard reference work has listed Poland as also possessing KMG-U dispensers, RBK-250, RBK-275, and RBK-500 cluster bombs.[29] However, in 2010, the Ministry of Foreign Affairs stated that the “Armed Forces do not any longer possess cluster bombs of the RBK-250, RBK-275 and RBK-500 types. In view of their aging (distant production dates) these bombs were withdrawn from use during the Nineties and destroyed in accordance with the rules in forces at the time.”[30]

Poland has acknowledged that Polish Su-22 aircraft are equipped with KMG-U dispensers. The Ministry of Foreign Affairs stated that this information was not previously declared however as “in line with the terminology used in the Polish Armed Forces they were not considered to constitute cluster munitions.”[31]

Production

Several Polish companies produce cluster munitions. According to the Ministry of Foreign Affairs, the types of cluster munitions it lists as being in the Polish arsenal “are produced by the Polish companies exclusively for the needs of the Polish Armed Forces.”[32] The ministry confirmed in 2010 that cluster munitions “are still produced by the Polish companies” for its armed forces.[33]

The Polish company Zakłady Metalowe “Dezamet” S.A. has produced the ZK-300 Kisajno cluster bomb and also lists producing another type of cluster bomb called the LBKas-250, which contains 120 LBok-1 bomblets.[34] The Kraśnik defense plant has produced cluster munitions for 98mm mortars, 122mm artillery, and 152mm artillery.[35] The Polish company Tlocznia Metali Pressta Spolka Akcynjna has manufactured 122mm rockets.[36]

Regarding future procurement of cluster munitions, Poland stated in 2005, “The Ministry of Defense requires during acceptance tests less than 2.5% failure rate for the purchased submunitions.”[37]

Transfer

In 2010, the Foreign Ministry told Landmine and Cluster Munition Monitor, “Poland has not exported any cluster munitions in 2009–2010 or in previous years. We do not have any information on past exports of cluster munitions from Poland.[38] In 2009, the ministry said Poland “has not exported any cluster munitions in recent years.”[39]

The Ministry of Foreign Affairs has informed Landmine and Cluster Munition Monitor, however, that Polish companies could—theoretically—be granted permission to export cluster munitions, if an application was requested. It informed that, unlike landmines, cluster munitions are not banned from export under regulations regarding trade control of goods of strategic importance. It emphasized that administrative decisions regarding permissions for export of arms are taken on an individual basis, in consultation with relevant authorities, including the Ministry of Foreign Affairs.[40]

As noted above, the Ministry of Foreign Affairs has stated Poland is not prepared to introduce a moratorium on the use, production, or transfer of cluster munitions.[41]

Contamination and Impact

Poland remains contaminated by large quantities of explosive remnants of war (ERW) and, to a much lesser extent, mines from World War II. Poland has consistently stated there are no known or suspected mined areas in Poland.^[1] The Ministry of National Defense has reported that scattered “single” landmines, mostly antivehicle mines, are found emplaced but most of those destroyed are remnants of World War II stockpiles.^[2] Poland is not believed to be affected by cluster munition remnants.

Mine Action Program

Poland does not have a formal civilian mine action program. The army conducts clearance operations of former military facilities and in response to reports from the general public under a 2002 Ministry of National Defense order as well as other guidelines. Polish deminers have also engaged in demining abroad as part of UN or other multinational operations.^[3]

Land Release

Poland does not report formally on its clearance of mines or ERW.^[4] A total of 39 explosive ordnance disposal teams and two scuba-diver underwater deminer groups operated in 2009. These teams carried out 7,264 interventions concerning explosive or dangerous objects, destroying as a result a total of 375,141 pieces of ERW and mines. The following items of ordnance were destroyed: 1,819 antivehicle and antipersonnel mines (of which more than 80% were antivehicle mines); nine aerial bombs, five submarine bombs; 863 artillery and mortar missiles; six hand and antitank grenades; 121 mortar grenades; and 372,318 other munitions.^[5]

In addition, the Polish police retrieved 1,411 pieces of ERW in 2009. These were mostly ERW dug up and stockpiled by criminal groups. A total of 44 mines (37 antipersonnel and seven antivehicle) were uncovered and destroyed in 2009 during searches of these stockpiles.^[6]

In 2008 and 2009, the Embassy of Poland in Angola provided US$155,000 to Versol, an Angolan commercial demining company, for a mine clearance operation in Lunda Sul.[1]

From 2005–2009 Poland provided mine clearance personnel in support of international peacekeeping operations in Afghanistan, Bosnia and Herzegovina, Iraq, Kosovo, and Syria with a valuation of at least $3.3 million.[2]

Summary of contributions: 2008–2009[3]