Contribution of this Annex does not necessarily imply the association of
the ICRC with views or statements made in other chapters of Landmine
Monitor.
1. INTRODUCTION
The International Committee of the Red Cross is an impartial, independent and
neutral humanitarian organization whose mission is to protect the lives and
dignity of victims of war and internal violence and to provide them with
assistance. It has a long history of providing medical care and treatment to war
victims and in the development of international humanitarian law. The ICRC is
pleased to have been invited to contribute to the Landmine Monitor project.
This initiative represents another chapter in the unique relationship which has
developed between governments, non-governmental organizations, international
institutions and private individuals in response to the global epidemic of
landmine injuries. The Landmine Monitor is an important instrument both in
measuring progress in addressing the landmine crisis and in identifying the
challenges which remain. It will undoubtedly be a valuable resource for all
those working in this area. The ICRC has prepared this annex as a complement to
other information provided in Landmine Monitor. This ICRC contribution provides
an overview of the institution's mine-related activities, highlights some of the
constraints facing mine action in the field and raises a number of
technology-related issues which need to be addressed to ensure that the purpose
and objectives of the Ottawa treaty and of the broader efforts to solve the
landmines problem are not undermined by new technologies.
Humanitarian diplomacy, victim assistance and mine awareness are the three
main types of mine-related work that the ICRC is involved in. The institution's
recent work in each field is outlined in the following sections.
2. HUMANITARIAN DIPLOMACY
In relation to landmines, humanitarian diplomacy involves promoting adherence
to the Convention on the Prohibition of the Use, Stockpiling, Production and
Transfer of Anti-personnel Mines and on their Destruction (the Ottawa treaty) as
well as amended Protocol II of the 1980 Convention on Certain Conventional
Weapons (CCW). It also means assisting States in treaty implementation, working
with States to ensure that the above treaties are not undermined by new
technologies and advocacy on behalf of victims.
With the entry into force of the Ottawa treaty (1 March 1999) and amended
Protocol II of the CCW (3 December 1998) a new set of international norms
governing all landmines has been constructed. The Ottawa treaty
established a comprehensive prohibition on the use, development, production,
stockpile and transfer of anti-personnel (AP) mines. It mandates the destruction
of AP mine stockpiles, the clearing of mined areas, and the provision of victim
assistance. The treaty is a complete prescription for addressing the AP mine
problem. Implementing and universalizing its provisions must become a priority
for the international community. Amended Protocol II must also be widely adhered
to and implemented as it sets the minimum standards for the use of all
types of mines, booby traps and similar devices. It must be recognized that
these devices, in addition to AP mines and unexploded ordnance, have created
what is known as the global "landmines" problem.
Promoting adherence and implementation
The ICRC has long been active in the development of international
humanitarian law and in promoting adherence to international humanitarian law
treaties. Perhaps best known are its efforts in the preparation and negotiations
of the Geneva Conventions of 1949 and their additional protocols of 1977. The
institution was also very active in the 1979-1980 preparatory meetings for the
CCW and, as an expert observer, in the 1995-96 CCW Review Conference which
resulted in the adoption of its amended Protocol II on landmines, booby traps
and other devices and a new protocol on blinding laser weapons (Protocol
IV).
At the opening of the 1994 preparatory meetings for the CCW Review Conference
the ICRC called for a complete ban on APMs. In November 1995, for the first time
in its history, the institution launched a public advertising campaign promoting
this comprehensive prohibition. The objectives of this campaign were simple.
Inform the general public of the horrific injuries caused by these weapons and
their effects on communities in war-torn countries. Influencing public opinion
was a key element in helping to create the political will necessary to bring a
ban treaty to fruition. To this end, the ICRC employed a variety of electronic
and print tools including, publications, public service announcements, videos, a
traveling exhibition, kits and archive packs for press and news media and a web
site. These tools and regular contact with pro-ban governments and organizations
promoting a ban treaty, particularly the International Campaign to Ban Landmines
(ICBL), were used to supplement the ICRC's traditional legal-political efforts
and helped make this advocacy campaign a ringing success. This work continues
and now focuses in particular on encouraging adherence to the Ottawa treaty in
regions where significant numbers of States have not yet signed or ratified the
treaty.
A variety of publications have been produced for the general public and
specialized audiences including medical and military personnel and policy
makers. The table below indicates some of the major publications produced and
distributed by the ICRC from their date of publication through March 1999.
Publication distributed
Year published
No.
The Silent Menace: Landmines in Bosnia and Herzegovina
(published with UNHCR)
1998
10,118
Mines Overview - 1998
1998
8,050
Campaign Leaflet
1998
60,180
Assistance to Mine Victims ICRC physical rehabilitation programs
- 1997
1998
1,050
Banning Anti-personnel Mines: the Ottawa Treaty
Explained
1997
7,613
Military Study – Publication. Anti-personnel Landmines -
Friend or Foe? A study on the military use and effectiveness of
anti-personnel mines
1996
13,355
"Ratification Kits" for the Ottawa Treaty and for the CCW's amended Protocol
II were produced in seven languages (Arabic, Chinese, English, French,
Portuguese, Russian and Spanish). The former kit was distributed at the signing
meeting of the Ottawa treaty in December 1997 and to State representatives
throughout 1998. The kits included a short summary of the relevant treaties,
useful both for the public and parliamentarians as well as guidelines for State
adherence and implementation.
The ICRC also commissioned a series of advertisements for both print and
electronic media. According to a 1996 estimate these advertisements had reached
approximately 745 million people worldwide. A total of 10 print ads were
developed, many of which appeared regularly in international press such as Time,
Newsweek, The Financial Times, The Economist, Asia Week as well as local and
regional publications. A total of 5 television announcements were developed and
were regularly shown on international media including CNN International, BBC
World, Canal Plus, Discovery International and Discovery Asia. All space for the
placement of the print and television ads was donated and reflected the
widespread belief that AP mines had to be stigmatized. In 1996, the value of
donated ad space exceeded $2 million US.
ICRC also produced in 1998 a traveling exhibition to raise public awareness
about the Ottawa treaty. Using easy to understand text, photos and graphics, it
highlights and explains the main obligations of the treaty and since its
inauguration in November 1998 it has been used by ICRC delegations, National Red
Cross and Red Crescent Societies and other organizations at conferences and
other promotional events in Geneva, Belgrade, Mexico City and Beirut. The
exhibition is available in English and Spanish and will be available in Arabic
from May 1999. Organizations wishing to use the exhibit at events in their
countries can contact the ICRC's Mines-Arms Unit.
Apart from the public advocacy aspects of its mines campaign, the ICRC also
encouraged adherence to the Ottawa treaty and the CCW through contact with
governmental authorities at national and regional levels. The ICRC organized or
sponsored numerous meetings and seminars for governmental representatives. The
most notable of these were the Budapest Regional Conference on Anti-personnel
Mines hosted by the government of Hungary in March 1998 for defence and foreign
affairs officials from 19 eastern and central European States, the Asia
Regional Seminar on Anti-personnel Mines held in Manila, Philippines in July
1997 for over 30 military experts from the region and a meeting held in Harare
in April 1997 for experts from countries of the Southern African Development
Community. ICRC personnel also participated in scores of local, regional and
international meetings on the mines issue. Many such meetings were supported
with substantial amounts of ICRC documentation, videos and visual materials.
3. ASSISTANCE TO MINE VICTIMS
At the core of its activities the ICRC assists war wounded including, in many
conflicts, a high proportion of mine victims. In conflict zones, the ICRC often
furnishes existing health facilities with medicines, training, equipment or
staff, or sets up independent ICRC medical facilities. In cooperation with
National Red Cross and Red Crescent Societies, it often helps evacuate the
wounded for treatment in first-aid posts and medical facilities. In peacetime,
the ICRC provides training to medical staff for the treatment and management of
war wounds. The institution also sets up physical rehabilitation programs and
workshops for prosthetics production. With specific regard to the treatment of
mine victims, the ICRC is very active in providing both curative care and
physical rehabilitation.
3.1 Curative Care
Curative care for mine victims extends from the evacuation of the wounded all
the way to the discharge from hospital. Curative care, or the lack of it, is a
function of the general capacity for medical care in a society torn by war or
its aftermath. In many regions of the world many mine victims die before
reaching any health facility.
The ICRC is supporting health facilities treating the war-wounded, including
mine-injured, in Afghanistan, Angola, Azerbaijan, Cambodia, Ethiopia, Eritrea,
Georgia, Iraq, Somalia, Sri Lanka, Sudan, Tajikistan, Uganda and Zimbabwe.
Support involves direct assistance to first-aid posts, hospitals and surgical
facilities, evacuation of injured to and from medical facilities as well as
training in the treatment of mine injuries to nurses, doctors and surgeons. A
description of the institution's work in Afghanistan and Sudan, provided below,
provides a good overview of the range of its activities in this area.
In view of the major humanitarian needs in Afghanistan, the ICRC entirely
supports 5 major surgical facilities: the Karte Seh and the Wazir Akbar Khan
hospitals in Kabul, the Jalalabad Public Health Hospital, the Mirwais hospital
in Kandahar and the Ghazni Hospital. The ICRC supplies these facilities with
surgical material and medicines, and covers the cost of maintenance, fuel and
staff allowances. During 1998 alone, almost 40'000 surgical cases were admitted
to these hospitals. More than 17'000 were war-wounded of which almost 2'000 were
injured by APMs.
In the wake of fighting in northern Afghanistan during 1997, the ICRC
increased its assistance to Mazar-i-Sharif and environs by, among other things,
sending an expatriate medical team to assist and train local staff at the city's
main surgical hospital, Ghazni hospital. ICRC also provided training for Afghan
staff at Mirwais hospital in Kandahar and organized a war-surgery seminar for
over 60 surgeons in the northern provinces. Seminars on amputation techniques,
stump management and prosthetic/orthotics were also held in other hospitals
around the country.
People injured in southern Sudan are often transported to the hospital in
Lokichokio, Kenya where ICRC has concentrated its medical activities. During its
10 years of activity, the hospital has treated nearly 12'000 war casualties,
many of whom are mine victims. During 1998 the facility admitted 1,901 patients,
including 914 war-wounded of which 35 were mine victims.
In Juba, southern Sudan, access to proper medical care was hampered by lack
of support from national health authorities and the direct consequences of the
war. Upon resuming activities in Sudan after a period of absence, the ICRC began
in August 1998 work on the rehabilitation of both the dispensary and the 500-bed
Juba Teaching Hospital in order to provide more comprehensive surgical care to
the general public and to extend the care to the war-wounded, including mine
victims. At the end of August, a six-person surgical team and a laboratory
technician arrived to complete the staff already working at the hospital. Ten
expatriates are currently working at the hospital. The ICRC continued to supply
lifesaving, essential drugs to Juba Teaching Hospital, provide food for work for
medical staff. Since August, a total of 1'696 patients including 1'071 surgical
cases, among them also mine victims, have been admitted to Juba Teaching
Hospital.
Surgical Guidelines
The surgical management of mine-injured patients can be a challenge to even
the most competent surgeon. Wounds such as these are not seen in civilian
practice and they do not correspond to any of the modern surgical specialties.
In fact, the treatment of wounded people in ICRC hospitals has become a
specialty in its own right.
Independent ICRC hospitals have no onward referral; the patients stay until
their surgical treatment is complete. There are no specialist surgeons; general
surgeons work in accordance with basic surgical principles and, as a matter of
policy, with a low level of technology. Defining the "standard" of care required
for treating war-wounded is difficult. However, the standard attained in ICRC
hospitals provides a minimum of acceptable care whatever the circumstances.
Hence the concept of "standard lists" of equipment and medicines and "standard
procedures" which are promoted by the ICRC.
3.2. Physical rehabilitation
Providing a prosthesis for a mine victim is a crucial element in ensuring his
or her rehabilitation and reintegration into society. In early 1999, the ICRC
was running 25 physical rehabilitation programs in 13 countries: Afghanistan,
Angola, Azerbaijan, Cambodia, the Democratic Republic of the Congo, Georgia,
Iraq, Kenya, Rwanda, Sri Lanka, Sudan, Tajikistan and Uganda. The table below
contains an overview of the production statistics for ICRC prosthetic/orthotic
programs for those clinics operating in 1997 and 1998 including statistics on
the number of prothesis specifically for mine victims.
ICRC prosthetic/orthotic programs : production statistics for 1997 and
1998
Countries
New Fittings
(1)
Prostheses (2)
Prostheses for
Mine Victims
Orthoses
(3)
Crutches
Wheelchairs
Afghanistan
4,300
8,844
6,617
6,934
13,926
1,384
Angola
1,750
3,859
1,714
44
4,381
0
Azerbaijan
509
722
151
182
1,781
0
D.R. Congo (4)
66
68
8
0
0
0
Cambodia
910
2,555
2,395
125
7,090
0
Georgia
768
1,339
302
34
753
0
Iraq
4, 449
5,265
2,898
3,215
136
0
Kenya
414
533
82
396
1,266
0
Rwanda
104
125
23
403
387
13
Tadjikistan (4)
0
0
0
0
0
0
Uganda (4)
21
21
7
14
0
0
Total
13,291
23,331
14,197
11,347
29,720
1,397
(1) A "NEW FITTING" is a new patient
or a new file which is counted only once in the statistics. When a patient
receives a second prosthesis, this second prosthesis is counted in the
column "PROSTHESES"
(2) A "PROSTHESIS" replaces a missing
limb
(3) An "ORTHOSIS" supports a weak limb
In addition to the 25 programs it runs
today, the ICRC continues to assist physical rehabilitation projects formerly
run by it, but which have now been handed over to local organizations,
government ministries, National Red Cross and Red Crescent Societies or
non-governmental organizations. Resources for this assistance comes from
the ICRC-administered Special Fund for the Disabled (SFD). During 1998,
33 projects benefited from material, technical assistance and training
from the SFD and in total they produced some 8,134 prostheses and orthoses
and 4,249 pairs of crutches, the majority for war-wounded including mine
victims. Benefiting from this support were clinics in Chad, Colombia, Ethiopia,
Lebanon, Mozambique, Myanmar, Nicaragua, Syria, Vietnam and Zimbabwe.
A continuing ICRC objective is to set up
training programs for local technicians to ensure continuity after the
ICRC withdraws from a project. All these programs are run in cooperation
with local partner organizations, mostly ministries of health and social
welfare, National Red Cross and Red Crescent Societies and private foundations.
4. MINE AWARENESS
The ICRC has operated mine awareness programs,
since 1996, in Azerbaijan, Bosnia and Herzegovina and Croatia. During 1998,
mine awareness surveys were also carried out in Georgia, Sudan, Uganda
and Afghanistan. New mine awareness programs were launched in Georgia and
in the region of Nagorni Karabach in early 1999. The sections below highlight
some of the institution's major programs in this field.
4.1 Azerbaijan
The ICRC's program in Azerbaijan, carried
out as a project delegated to the Swedish Red Cross Society, is directed
towards those living in front-line areas and in settlements for the displaced.
The first phase of this program focussed on alerting the population to
the danger of mines and to the mine problem in the area. Ten different
relief agencies took part in the distribution of mine awareness material,
and information was also handed out through the armed forces. Over 28,000
leaflets were distributed in seed kits between 1996 and 1998. More than
110,000 families received mine awareness information during spring and
summer 1997. So far, 18,000 posters have been displayed in front-line villages
and in settlements for displaced people.
The second phase aims at bringing more
specific information and knowledge to the community. Since early autumn
1997, schoolchildren in front-line schools and in schools for the internally
displaced have been targeted through mine awareness training given by their
teachers. They have also received stickers, posters, timetables and exercise
books bearing a mine awareness message. In late 1998 and as an additional
tool for mine awareness training, an animated cartoon was produced on the
subject of mine awareness So far, ICRC mine awareness officers have trained
nearly 9,000 teachers in eight districts along the front-line and in areas
throughout the country where internally displaced people have settled.
More than 120,000 children will eventually be reached.
ICRC Mine awareness Teacher Training
Presentations - Azerbaijan
October 1997- December 1998
Date
number of schools
teachers attended
copybooks distributed
Oct. - Dec. 1997
83
1,832
30,177
Jan-March 1998
74
1,952
26,162
April-June 1998
85
1,649
25,240
July-Sept 1998
28
623
8,277
Oct. - Dec. 1998
189
2,244
23,489
Total
459
8,300
113,345
4.2 Bosnia and Herzegovina
Launched in the spring of 1996, the ICRC
mine awareness program in Bosnia and Herzegovina consists of four components:
- a community-based approach which seeks
to encourage local communities to initiate mine awareness activities in
their areas tailored to their own needs. For example, local Red Cross volunteers
have organized summer camps focusing on mine awareness and first aid, theater
shows for children, etc. Today, a dozen paid staff and more than 120 volunteers
are implementing activities throughout the country;
- a mass media campaign which involves
the distribution of leaflets, posters and brochures, plus 11 radio spots
and 6 TV spots. Supported by local media which broadcast or publish mine
awareness messages, it is backed up by mass distribution of information
materials in the communities at risk;
- a data-gathering component in which the
ICRC - the only organization to do so - systematically gathers information
on mine victims, including data on age, gender and activity at the time
of injury. The data gathered should help the ICRC to improve targeting
of future activities;
- a school-based program which, thanks
to nearly universal school attendance, reaches the majority of children
through the classroom. The ICRC has developed a school curriculum which
is currently being implemented in Bosnian schools in cooperation with the
Ministry of Education. In addition, it launched a nationwide drawing and
essay competition in January 1997. The competition was intended to raise
children's awareness of the dangers of mines and UXO and mobilize local
communities, including Red Cross branches. Schools located in mine-affected
areas and schools attended by children living in mine-affected villages
were given priority for the competition.
The role of the two entity Red Cross organizations
in Bosnia and Herzegovina in the implementation of the Program and ensuring
of its sustainability in the years to come is being enhanced by the development
of their structures.
ICRC Data on Mine Victims
In Sarajevo, the ICRC operates a database
where it stores information about people killed or injured by landmines
during and after the war. The database provides details about the date
and place of mine incidents, who was involved, what they were doing at
the time and the extent of the injuries sustained. By 31 December 1998
it contained information on 3'862 people. Although the database is generally
considered to be the largest and most detailed record of mine victims in
Bosnia and Herzegovina, this figure represents only a fraction of the total
number of people affected. This is because it is difficult to comprehensively
record mine casualties and, especially during the war, few hospitals kept
any such records. However, as the database includes information from all
parts of the country, it supplies an important overall picture of the impact
of landmines on the population. As in other conflicts, civilians in Bosnia
and Herzegovina have suffered heavily form the use of these devices. This
information is shared with the national Mine Action Center as well as other
organizations involved in victim assistance. The table below indicates
the number of mine victims by month from 1992-1998. Statistics for the
end of 1998 have not yet been calculated. These figures reflect an encouraging
downward trend in the number of mine incidents from a peak monthly average
of 64 in 1994 to 14 in the first two-thirds of 1998.
Number of MVs in B&H per month
1992 1993 1994 1995 1996 1997 1998
Jan. 8 63 61 32 58 15 12
Feb. 5 22 43 30 31 17 8
Mar. 2 45 76 33 102 56 34
Apr. 9 58 83 36 99 36 23
May. 34 65 82 58 59 31 17
Jun. 69 77 89 92 56 28 9
July. 68 92 67 99 58 24 10
Aug. 142 60 60 75 48 23 15
Sep. 113 45 62 84 27 13
Oct. 80 61 53 55 31 20 2
Nov. 103 51 58 19 22 8
Dec. 77 62 37 17 22 6
TOTAL 710 701 771 630 613 277 130
AVERAGE 59.17 58.42 64.25 52.5 51.08
23.08 14.44
4.3 Croatia
The Croatian mine awareness program was
jointly launched in March 1996 by the ICRC and the Croatian Red Cross (CRC).
This community-based program works through the network of CRC branches
to reach population groups most at risk - such as returnees, children and
farmers. It specifically aims to change people's behavior in order to prevent
mine and UXO-related accidents. It is planned to gradually hand the program
over to the CRC, which will continue coordinating the program in all affected
areas of Croatia and ensure its long-term sustainability.
In 1998, over 50'000 people were reached
through mine awareness presentations. Fruitful cooperation is ongoing with
the print and broadcast media, as are the production and distribution of
new generations of mine awareness publications and materials. In a repeat
of 1996, when 115'000 leaflets and 10,000 posters were distributed and
info-spots were broadcast nationwide on television and 25 radio stations,
1998 saw the distribution of some 100,000 pocket-size leaflets on security.
An illustrated brochure, calendar and fact sheet were also produced. In
addition, during 1999 all ICRC personnel working in mine-affected communities
will participate in workshops aimed at strengthening their communication
skills, with representatives of the regional media attending as facilitators
and observers.
The program is constantly evolving and
adapting to changing needs. Recruitment and training programs for volunteer
instructors now include modules on presentation techniques, interactive
skills, community participation and cooperation with demining experts.
Volunteers from the mine-affected communities are coordinated by local
CRC branches. They are key to the MAP's long-term sustain ability.
5. THE ROLE OF THE RED CROSS AND RED
CRESCENT MOVEMENT
The entire International Movement of the
Red Cross and Red Crescent has been actively involved in responding to
the landmine problem. Many National Societies were engaged in the public
campaign promoting the development of a comprehensive AP mine ban and continue
to play an active role by encouraging and assisting their governments with
treaty ratification and implementation. Some National Societies have taken
over ICRC rehabilitation clinics in mine affected countries. Indeed, under
the terms of the Ottawa treaty the International Movement of the Red Cross
and Red Crescent is recognised as having a role to play in victim assistance
and mine awareness. Article 6 encourages States Parties to provide assistance
for the care and rehabilitation of mine victims and for mine awareness
programs through the International Committee of the Red Cross, national
Red Cross and Red Crescent societies and their International Federation,
as well as through non-governmental organizations and international bodies.1
The International Movement of the Red Cross
and Red Crescent is currently preparing a long-term Movement strategy on
the various components of mine action. In short, the strategy will outline
the goals of the Movement's mines-related work and propose a division of
labour among the various component bodies. National Societies are well-placed
to encourage adherence and implementation of the Ottawa treaty by their
governments and, along with their International Federation, to conduct
mine awareness and victim assistance following armed conflict. The ICRC's
mandate and expertise support a special emphasis by the institution on
medical care and treatment during conflict, the monitoring of treaty interpretations
and new technological developments, promoting adherence on regional or
international levels and the creation of training tools for the medical
care of war-wounded and mine awareness. The long-term Movement strategy,
currently in draft form, is to be discussed and adopted by the Movement's
Council of Delegates in October 1999.
6. CONSTRAINTS AND CHALLENGES
6.1 Adequate care for mine victims
During or after a war, the treatment and
rehabilitation of mine victims will in most cases reflect the general availability
or lack of basic health and social services for all. Much needs to be done
to reinforce these services in mine-infested countries, particularly where
there are large numbers of victims, as the care of amputees places enormous
demands on medical resources and often overburdens an already fragile health-care
system. In other words, the treatment and rehabilitation of mine victims
depend to a large degree on the state of a country's health and social
sectors.
Security is another major constraint. Many
organizations are not able to work in certain areas because of the security
situation. Lack of cooperation from the political and administrative authorities
may further hinder the work of those wanting to assist victims. The availability
of donor funds may be conditional on agencies working in one area rather
than another, or on treating one specific category of victims. These are
just some examples of the numerous constraints that may result in mine
victims receiving inadequate care, an issue that must be addressed urgently
and coherently.
A further obstacle to dealing with the
human and socio-economic consequences of landmines is the lack of hard
data available on the severity of the mine problem. The ICRC believes that
there is an urgent need to standardize and systematize the collection of
data by the various players concerned (UN agencies, NGOs, the ICRC and
politicaland military authorities). To this end it has proposed an integrated
approach towards the analysis of data, a "Mines Information System", to
allow for the planning of priorities in any country, one province and one
district at a time, and enable operational programs to be implemented effectively.
Addressing these constraints is also a prerequisite for implementing effective
preventive measures, such as mine awareness and mine-clearance programs.
In the field of data collection, the ICRC
and the World Health Organization (WHO) have prepared a joint technical
paper on "Prevention, Care and Rehabilitation of Mine Victims". This paper
outlines a strategy for health services needed to care for trauma victims,
including those injured by APMs, during both conflict and post-conflict
periods. The ICRC has also served as a technical advisor to WHO in the
establishment of epidemiological surveillance tools with respect to mine
victims.
6.2 Ottawa Treaty Interpretation: "Transit"
of AP mines
Full and consistent application of the
Ottawa treaty is an important element in maintaining political support
for this treaty. Differing interpretations of the treaty's provisions should
be minimized and be consistent with its object and purpose. The ICRC is
concerned about any interpretation which could undermine the treaty's comprehensive
prohibitions. One concern is a reading of the treaty in such a manner so
as to permit non-party States to transit AP mines through the territory
of a State Party. Some have expressed the view that such action is allowable
since "transit" is not expressly prohibited under the terms of the treaty.
In the opinion of the ICRC, permitting
the transit of AP mines through the territory of a State Party would undermine
the object and purpose of the Ottawa treaty and contradict its prohibition
on assisting anyone in the stockpiling and use of AP mines. While "transit"
itself is not explicitly listed as a prohibited activity, Article 1(c)
of the treaty provides clearly that a State Party is never under any circumstances
to "assist, encourage or induce, in any way, anyone to engage in
any activity prohibited to a State Party under this Convention".2
The ICRC believes that permitting or assisting the transit of AP mines
through the territory of a State Party, by provision of transport infrastructure
or other means, constitutes assistance in the stockpiling of AP mines and
is prohibited.
Whether or not one considers "transit"
to also violate the Ottawa treaty's explicit ban on "transfer" of AP mines
will also depend on whether the separate elements of the definition of
transfers is understood individually or cumulatively. That is, whether
under Article 2 transfer must involve both the "physical movement
of anti-personnel mines into or from national territory" and " transfer
of title to and control over the mines" or is rather constituted by either
of these actions.
The Ottawa process and the swift entry
into force of the Ottawa treaty reflect the international community's commitment
to addressing the massive humanitarian costs of AP mines. However, it is
widely recognized that the use of anti-vehicle (AV) mines is an important
aspect of the humanitarian problem and should remain a concern. In many
regions of the world these devices are used indiscriminately and kill and
wound innocent civilians, hinder the delivery of humanitarian assistance
and the rebuilding of war-torn areas. In short, while AV mines have been
deployed in smaller numbers than AP mines they have a major humanitarian
impact. Of particular concern are AV mines which can function in a similar
manner to AP mines as a result of being equipped with sensitive anti-handling
devices or fusing mechanisms. While AV mines are not covered by the Ottawa
treaty, they are regulated by Protocol II of the 1980 UN Convention on
Conventional Weapons and its amended version adopted 3 May 1996, and the
general norms of international humanitarian law.
A. Anti-vehicle mines with anti-handling
devices
Experts consulted by the ICRC believe that
there will be increased use of anti-handling devices (AH) on AV mines now
that States are prohibiting the use of AP mines by their armed forces.
AP mines were often laid to prevent the lifting of AV mines by enemy forces
and militaries are now likely to rely on AH devices to fulfill this function.
In addition, due to improved technology and production methods, the cost
of such devices is lower today than in the past. Such mines can now be
deployed in massive numbers by remote delivery, making marking, mapping
and fencing impossible.
The ICRC believes that increased use of
certain AH devices, particularly on remotely delivered AV mines
which will lie on the surface, will threaten civilian populations. Of specific
concern are AH devices which will trigger the mine's detonation through
the innocent passage of a person over or near the mine or through inadvertent
or accidental contact with the mine itself. This threat is particularly
serious with regard to remotely delivered surface laid mines. In such cases
the AH device can cause the AV mine to function as an AP mine.
B. Sensitive fuses on anti-vehicle mines
Another concern is the use of AV mines
which employ fusing mechanisms which are so sensitive that they can easily
be triggered by individual persons. Such devices include trip wires, break
wires, tilt rods and some magnetic fuses. In some cases onlya small amount
of pressure is required to activate the fuse and thus the mine can be triggered
by the passage of or contact with a person. Some pressure activated AV
blast mines only require 50-100 kg of pressure and will explode under the
weight of adult who happens to step on it.
It is the opinion of the ICRC that any
AV mine which functions as an AP mine, that is which is capable of being
detonated "by the presence, proximity or contact of a person", is an AP
mine and is prohibited by the Ottawa treaty. This is the case irrespective
of the primary purpose for which the mine is intended to be used.
C. Proposals on anti-vehicle mines
Technical experts have indicated that there
are ways to avoid or lessen some of the potential hazards posed by AV mines
in general, and those mentioned above specifically. These include:
1) ensuring that all AV mines are detectable
and self-destruct or self neutralize within a short time period
( a proposal supported by a large number of States involved in the review
process of the CCW from 1994-1996);
2) ensuring that AV mines equipped with
AH devices are designed so as to minimize the likelihood of detonation
resulting from innocent or inadvertent contact;
3) ensuring that tripwires, breakwires
and tilt rods are not used as fusing mechanisms for AV mines;
4) ensuring that pressure activated AV
mine fuses will not activate under less than 150 kilograms of pressure.
As these options are technically feasible
and will significantly reduce the landmines threat for civilian populations,
the ICRC urges States to review existing and planned acquisitions and deployments
of AV mines to ensure that the precautions above are taken. The ICRC intends
to promote acceptance of these measures at upcoming meetings of States
Parties to the Ottawa treaty and to amended Protocol II of the CCW.
In addition, the ICRC calls upon all States
to mark and map the location of AV mines and ensure their removal at the
end of hostilities as required by amended Protocol II of the CCW.
1 Article 6
provides that "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, interalia, 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." Italics added.For the purposes of this paper "anti-vehicle mines"
means all land mines other then anti-personnel mines. An anti-handling
device is a device which is part of, linked to, attached to or placed under
a mine and which activates when an attempt is made to tamper with or otherwise
intentionally disturb the mine.
2 Italics Added.
3 For the purposes
of this paper anti-vehicle mines means all landmines other than anti-personnel
mines. An anti-handling device is a device which is part of, linked to,
attached to or placed under a mine and which activates when an attempt
is made to tamper with or otherwise intentionally disturb the mine.