Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction

8/14/2019 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction

http://slidepdf.com/reader/full/convention-on-the-prohibition-of-the-use-stockpiling-production-and-transfer 1/36

Convention on the Prohibition

of the Use, stoCkPiling,

ProdUCtion and transfer of

anti-Personnel Mines

and on their destrUCtion



International Committee o the Red Cross19, avenue de la Paix1202 Geneva, Switzerland

T + 41 22 734 60 01 F + 41 22 733 20 57E-mail: [email protected]

www.icrc.org© ICRC, A ril 2009



Convention on the Prohibition

of the Use, stoCkPiling,

ProdUCtion and transfer of

anti-Personnel Mines

and on their destrUCtion





Table o contents

Foreword 5

Preamble 11

Article 1

General obligations 13

Article 2

Denitions 13

Article 3Exceptions 14

Article 4

Destruction o stockpiled anti-personnel mines 14

Article 5

Destruction o anti-personnel mines in mined areas 15

Article 6International cooperation and assistance 16

Article 7

Transparency measures

Article 8

Facilitation and clarication o compliance 20

Article 9

National implementation measures 25

Article 10

Settlement o disputes 25

Article 11

Meetings o the States Parties 25

Article 12

Review Conerences 26Article 13

Amendments 27



Article 14

Costs 28

Article 15Signature 29

Article 16

Ratication, acceptance, approval or accession 29

Article 17

Entry into orce 29

Article 18Provisional application 30

Article 19

Reservations 30

Article 20

Duration and withdrawal 30

Article 21

Depositary 31

Article 22

Authentic texts 31



5Convention on Anti-Personnel Mines

Foreword

In the mid-1990s, reports by its medical sta alerted the Inter-

national Committee o the Red Cross (ICRC) to the alarmingly

high number o civilians being treated or injuries caused by anti-

personnel mines. The reports gave graphic descriptions o the

suering caused by these devices: designed to maim rather than

kill, anti-personnel mines sever one or more limbs and drive soil,

grass, cloth, ragments o the mine and shattered bone into themuscles or lower parts o the body. Anti-personnel mines do kill,

but more oten they cause permanent disabilities that require ex-

tensive rehabilitation, as well as long-term psychological, social

and economic support. The rst-hand accounts o ICRC sta empha-

tically demonstrated the ways in which these weapons constituted

a cruel and enduring threat to civilians and local communities long

ater conicts had ended. This led the ICRC, in 1994, to call or a

global ban on anti-personnel mines. The ICRC’s appeal ollowed onelaunched the previous year, by a group o non-governmental orga-

nizations in the International Campaign to Ban Landmines (ICBL).

Anti-personnel mines are small explosive devices placed in, on

or near the ground. When a person steps on, handles or approaches

the device, it causes a powerul blast capable o maiming or

killing one or several people. Unlike most other weapons, anti-

personnel mines are “victim-activated”: once deployed, they can

have indiscriminate eects, putting all those who come in contact

with them at risk o losing their limbs or lives. These devices will

continue to exact their toll until they are cleared, which in most

cases takes years, even decades. Anti-personnel mines were rst

used on a large scale during the Second World War. In the decades

that ollowed, armed orces and armed groups placed millions o

them in the ground. By the time the international community beganto grasp the long-term consequences o using these weapons, in

the 1990s, tens o thousands o civilians had been killed or maimed

or lie and the threat to civilians had spread to most regions o the

world.



The International Red Cross and Red Crescent Movement, together

with the ICBL, the United Nations and many States, joined orces

in a major campaign ocusing the world’s attention on the suer-ing caused by anti-personnel mines, mobilizing public support

or a ban and stimulating high-level political and military support

to this end. This endeavour led to the launch o international

negotiations to ban these weapons in 1996. Only a year later, on

3 December 1997, 121 States signed the Convention on the

Prohibition o Anti-Personnel Mines in Ottawa, Canada.

The Convention is remarkable in several ways.

Its adoption marked the rst time in history that States had

agreed to ban a weapon that was widely used by armed orces

throughout the world. This ban had a solid basis in international

humanitarian law, which prohibits the use o weapons that do

not distinguish between civilians and combatants or that cause

unnecessary suering or superuous injury.

The Convention is also signicant in that it goes beyond compre-

hensively prohibiting the use, production, stockpiling and transer

o anti-personnel mines. It also contains commitments to respond

to the humanitarian consequences o the use o these weapons

by assisting their victims, removing the threat o mines already

in the ground within set time rames and reducing the risk to

civilians through preventive actions such as the marking o dan-gerous areas and the provision o warnings and risk education. It

urther requires the complete destruction o stockpiled anti-

personnel mines within our years. The Convention was, rom the

outset, not only a set o prohibitions but also a humanitarian

plan o action aimed at ensuring that mine-aected communities

would one day be ree o the threat o anti-personnel mines and

that mine survivors would receive the assistance they need to lead

ull lives with dignity.

The achievements o the Convention to date are impressive. With

more than three-quarters o the world’s countries having joined the

6



treaty, it has achieved widespread adherence in record time. States

Parties have destroyed tens o millions o stockpiled mines and

cleared vast areas o contaminated land in mine-aected countries,reeing it up or productive use by the local population. Moreover,

most States not party to the treaty have ceased the use, production

and transer o anti-personnel mines. Finally, and most signicantly,

the number o new mine victims has allen sharply in areas where

the implementation o the Convention is ongoing, a good indica-

tion that a uture in which communities can be sae rom these

weapons is now a goal within reach.

Despite these impressive results, important challenges remain.

Too ew mine-aected countries have, so ar, been able to declare

themselves ree o mines and massive numbers o anti-personnel

mines remain in the ground. Thousands o innocent civilians are

killed or maimed each year and reconstruction and development

eorts, in areas where land is a precious commodity, are being

hindered. The provision o adequate care and assistance to victims

is also a long-term challenge or aected countries, oten being

in competition or scarce resources with other urgent priorities.

The hundreds o thousands o survivors who are permanently

disabled require lielong support. As with other disabled persons,

their right to participate ully in society must be ensured.

Finally, there are still a number o countries that have not joined

the treaty, including some that hold signicant stockpiles o anti-personnel mines. The only way to guarantee that these weapons

will never be used is by ensuring the destruction o all existing

stocks. Although most States that retain anti-personnel mines have

not employed them in recent years, a small number o States and

a number o non-State armed groups have nevertheless continued

to use them.

The ICRC attaches great importance to the prohibition o anti-personnel mines and works actively to promote universal adherence

to the Convention and ull implementation o its obligations. It has

prepared materials to assist States that are considering adherence,

7Convention on Anti-Personnel Mines



including a ratication kit containing model instruments o acces-

sion. It has also produced models or the development o national

legislation to implement the Convention. Through its delegationsaround the world, the ICRC is ready to provide urther inormation,

legal advice and support related to adherence and implementation

o the treaty.

While the Convention prohibiting anti-personnel mines is a remark-

able achievement in itsel, it has also inspired subsequent initia-

tives to protect civilians rom other explosive munitions that pose

serious threats. These initiatives have resulted in the adoption o two new international agreements: the 2003 Protocol on Explosive

Remnants o War to the Convention on Certain Conventional

Weapons and the 2008 Convention on Cluster Munitions. Together,

the three treaties provide a broad legal ramework to protect

civilians rom weapons that “keep on killing ater conicts.”

The ICRC urges all States that have not yet done so to adhere to

the Convention on the Prohibition o Anti-Personnel Mines, as well

as to the treaties on explosive remnants o war and cluster muni-

tions. By so doing, States can ensure that civilians, who ar too

oten bear the brunt o modern warare, will not also have to live in

ear o these weapons or years or decades ater the ghting ends.

Jakob Kellenberger

President, International Committee o the Red Cross

8







Convention on Anti-Personnel Mines

Preamble

The States Parties,

Determined to put an end to the suering and casualties caused

by anti-personnel mines, that kill or maim hundreds o people every

week, mostly innocent and deenceless civilians and especially chil-

dren, obstruct economic development and reconstruction, inhibit

the repatriation o reugees and internally displaced persons, andhave other severe consequences or years ater emplacement,

Believing it necessary to do their utmost to contribute in an ef-

cient and coordinated manner to ace the challenge o removing anti-

personnel mines placed throughout the world, and to assure their

destruction,

Wishing to do their utmost in providing assistance or the care and

rehabilitation, including the social and economic reintegration o

mine victims,

Recognizing that a total ban o anti-personnel mines would also be

an important condence-building measure,

Welcoming the adoption o the Protocol on Prohibitions or Restric-tions on the Use o Mines, Booby-Traps and Other Devices, as amend-

ed on 3 May 1996, annexed to the Convention on Prohibitions or

Restrictions on the Use o Certain Conventional Weapons Which May

Be Deemed to Be Excessively Injurious or to Have Indiscriminate

Eects, and calling or the early ratication o this Protocol by all

States which have not yet done so,

Welcoming also United Nations General Assembly Resolution51/45 S o 10 December 1996 urging all States to pursue vigorously

an eective, legally-binding international agreement to ban the use,

stockpiling, production and transer o anti-personnel landmines,

11



Welcoming urthermore the measures taken over the past years,

both unilaterally and multilaterally, aiming at prohibiting, restrictingor suspending the use, stockpiling, production and transer o anti-

personnel mines,

Stressing the role o public conscience in urthering the principles

o humanity as evidenced by the call or a total ban o anti-personnel

mines and recognizing the eorts to that end undertaken by the

International Red Cross and Red Crescent Movement, the Interna-

tional Campaign to Ban Landmines and numerous other non-govern-mental organizations around the world,

Recalling the Ottawa Declaration o 5 October 1996 and the

Brussels Declaration o 27 June 1997 urging the international com-

munity to negotiate an international and legally binding agreement

prohibiting the use, stockpiling, production and transer o anti-

personnel mines,

Emphasizing the desirability o attracting the adherence o all

States to this Convention, and determined to work strenuously

towards the promotion o its universalization in all relevant ora

including, inter alia, the United Nations, the Conerence on Disar-

mament, regional organizations, and groupings, and review coner-

ences o the Convention on Prohibitions or Restrictions on the Use o

Certain Conventional Weapons Which May Be Deemed to Be Exces-sively Injurious or to Have Indiscriminate Eects,

Basing themselves on the principle o international humanitar-

ian law that the right o the parties to an armed conict to choose

methods or means o warare is not unlimited, on the principle that

prohibits the employment in armed conicts o weapons, projectiles

and materials and methods o warare o a nature to cause super-

uous injury or unnecessary suering and on the principle that adistinction must be made between civilians and combatants,

Have agreed as ollows:

12




Article 1

General obligations

Each State Party undertakes never under any circumstances:1.

To use anti-personnel mines;a)

To develop, produce, otherwise acquire, stockpile, retainb)

or transer to anyone, directly or indirectly, antipersonnel

mines;

To assist, encourage or induce, in any way, anyone toc)

engage in any activity prohibited to a State Party under

this Convention.

Each State Party undertakes to destroy or ensure the destruc-2.

tion o all anti-personnel mines in accordance with the provi-

sions o this Convention.

Article 2

Defnitions

“Anti-personnel mine” means a mine designed to be exploded1.

by the presence, proximity or contact o a person and that will

incapacitate, injure or kill one or more persons. Mines designed

to be detonated by the presence, proximity or contact o a

Vehicle as opposed to a person, that are equipped with anti-handling devices, are not considered anti-personnel mines as

a result o being so equipped.

“Mine” means a munition designed to be placed under, on or2.

near the ground or other surace area and to be exploded by

the presence, proximity or contact o a person or a vehicle.

“Anti-handling device”3. means a device intended to protecta mine and which is part o, 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.

13



“Transer” involves, in addition to the physical movement o 4.

anti-personnel mines into or rom national territory, the trans-

er o title to and control over the mines, but does not involvethe transer o territory containing emplaced anti-personnel

mines.

“Mined area” means an area which is dangerous due to the5.

presence or suspected presence o mines.

Article 3Exceptions

Notwithstanding the general obligations under Article 1, the1.

retention or transer o a number o anti-personnel mines

or the development o and training in mine detection, mine

clearance, or mine destruction techniques is permitted. The

amount o such mines shall not exceed the minimum number

absolutely necessary or the above-mentioned purposes.

The transer o anti-personnel mines or the purpose o de-2.

struction is permitted.

Article 4

Destruction o stockpiled anti-personnel mines

Except as provided or in Article 3, each State Party undertakes to

destroy or ensure the destruction o all stockpiled anti-personnel

mines it owns or possesses, or that are under its jurisdiction or con-

trol, as soon as possible but not later than our years ater the entry

into orce o this Convention or that State Party.

14




Article 5

Destruction o anti-personnel mines in mined areas

Each State Party undertakes to destroy or ensure the destruc-1.

tion o all anti-personnel mines in mined areas under its juris-

diction or control, as soon as possible but not later than ten

years ater the entry into orce o this Convention or that State

Party.

Each State Party shall make every eort to identiy all areas2.

under its jurisdiction or control in which anti-personnelmines 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 encing or other means,

to ensure the eective exclusion o civilians, until all anti-

personnel 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 o Mines, Booby-

Traps and Other Devices, as amended on 3 May 1996, annexed

to the Convention on Prohibitions or Restrictions on the Use o

Certain Conventional Weapons Which May Be Deemed to Be

Excessively Injurious or to Have Indiscriminate Eects.

I a State Party believes that it will be unable to destroy or3.

ensure the destruction o all anti-personnel mines reerred to

in paragraph 1 within that time period, it may submit a request

to a Meeting o the States Parties or a Review Conerence or

an extension o the deadline or completing the destruction o

such anti-personnel mines, or a period o up to ten years.

Each request shall contain:4.

The duration o the proposed extension;a)

A detailed explanation o the reasons or the proposedb)

extension, including:

The preparation and status o work conducted underi)

national demining programs;

15



The nancial and technical means available to theii)

State Party or the destruction o all the anti-person-

nel mines; andCircumstances which impede the ability o the Stateiii)

Party to destroy all the anti-personnel mines in mined

areas;

The humanitarian, social, economic, and environmentald)

implications o the extension; and

Any other inormation relevant to the request or the pro-e)

posed extension.

The Meeting o the States Parties or the Review Conerence5.

shall, taking into consideration the actors contained in para-

graph 4, assess the request and decide by a majority o votes o

States Parties present and voting whether to grant the request

or an extension period.

Such an extension may be renewed upon the submission o a6.new request in accordance with paragraphs 3, 4 and 5 o this

Article. In requesting a urther extension period a State Party

shall submit relevant additional inormation on what has been

undertaken in the previous extension period pursuant to this

Article.

Article 6

International cooperation and assistance

In ullling its obligations under this Convention each State1.

Party has the right to seek and receive assistance, where ea-

sible, rom other States Parties to the extent possible.

Each State Party undertakes to acilitate and shall have the2.right to participate in the ullest possible exchange o equip-

ment, material and scientic and technological inormation

concerning the implementation o this Convention. The States

Parties shall not impose undue restrictions on the provision o

16




mine clearance equipment and related technological inorma-

tion or humanitarian purposes.

Each State Party in a position to do so shall provide assistance3.

or the care and rehabilitation, and social and economic rein-

tegration, o mine victims and or mine awareness programs.

Such assistance may be provided,inter alia, through the United

Nations system, international, regional or national organiza-

tions or institutions, the International Committee o the Red

Cross, national Red Cross and Red Crescent societies and their

International Federation, non-governmental organizations, oron a bilateral basis.


or 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 TrustFund or Assistance in Mine Clearance, or other regional unds

that deal with demining.


or the destruction o stockpiled anti-personnel mines.

Each State Party undertakes to provide inormation to the data-6.

base on mine clearance established within the United Nationssystem, especially inormation concerning various means and

technologies o mine clearance, and lists o experts, expert

agencies or national points o contact on mine clearance.

States Parties may request the United Nations, regional orga-7.

nizations, other States Parties or other competent intergov-

ernmental or non-governmental ora to assist its authorities in

the elaboration o a national demining program to determine,inter alia:

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

The nancial, technological and human resources that areb)

required or the implementation o the program;

17



The estimated number o years necessary to destroy allc)

anti-personnel mines in mined areas under the jurisdiction

or control o the concerned State Party;Mine awareness activities to reduce the incidence o mine-d)

related injuries or deaths;

Assistance to mine victims;a)

The relationship between the Government o the con-e)

cerned State Party and the relevant governmental, inter-

governmental or non-governmental entities that will work

in the implementation o the program.

Each State Party giving and receiving assistance under the6.

provisions o this Article shall cooperate with a view to ensur-

ing the ull and prompt implementation o agreed assistance

programs.

Article 7

Transparency measures

Each State Party shall report to the Secretary-General o the1.

United Nations as soon as practicable, and in any event not

later than 180 days ater the entry into orce o this Convention

or that State Party on:

The national implementation measures reerred to ina)Article 9;

The total o all stockpiled anti-personnel mines ownedb)

or possessed by it, or under its jurisdiction or control, to

include a breakdown o the type, quantity and, i pos-

sible, lot numbers o each type o anti-personnel mine

stockpiled;

To the extent possible, the location o all mined areas thatc)

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 o each type

18




o anti-personnel mine in each mined area and when they

were emplaced;

The types, quantities and, i possible, lot numbers o alld)anti-personnel mines retained or transerred or the devel-

opment o and training in mine detection, mine clearance

or mine destruction techniques, or transerred or the pur-

pose o destruction, as well as the institutions authorized

by a State Party to retain or transer anti-personnel mines,

in accordance with Article 3;

The status o programs or the conversion or decommis-e)sioning o anti-personnel mine production acilities;

The status o programs or the destruction o anti-person- )

nel mines in accordance with Articles 4 and 5, including

details o the methods which will be used in destruction,

the location o all destruction sites and the applicable

saety and environmental standards to be observed;

The types and quantities o all anti-personnel minesg)destroyed ater the entry into orce o this Convention or

that State Party, to include a breakdown o the quantity o

each type o anti-personnel mine destroyed, in accordance

with Articles 4 and 5, respectively, along with, i possible,

the lot numbers o each type o anti-personnel mine in the

case o destruction in accordance with Article 4;

The technical characteristics o each type o anti-personnelh)mine produced, to the extent known, and those currently

owned or possessed by a State Party, giving, where reason-

ably possible, such categories o inormation as may acili-

tate identication and clearance o anti-personnel mines;

at a minimum, this inormation shall include the dimen-

sions, using, explosive content, metallic content, colour

photographs and other inormation which may acilitate

mine clearance; and

The measures taken to provide an immediate and eectivei)

warning to the population in relation to all areas identied

under paragraph 2 o Article 5.

19



The inormation provided in accordance with this Article shall2.

be updated by the States Parties annually, covering the last

calendar year, and reported to the Secretary-General o theUnited Nations not later than 30 April o each year.

The Secretary-General o the United Nations shall transmit all3.

such reports received to the States Parties.

Article 8

Facilitation and clarifcation o compliance

The States Parties agree to consult and cooperate with each1.

other regarding the implementation o the provisions o this

Convention, and to work together in a spirit o cooperation to

acilitate compliance by States Parties with their obligations

under this Convention.

I one or more States Parties wish to clariy and seek to resolve2.questions relating to compliance with the provisions o this

Convention by another State Party, it may submit, through

the Secretary-General o the United Nations, a Request or

Clarication o that matter to that State Party. Such a request

shall be accompanied by all appropriate inormation. Each State

Party shall rerain rom unounded Requests or Clarication,

care being taken to avoid abuse. A State Party that receives a

Request or Clarication shall provide, through the Secretary-

General o the United Nations, within 28 days to the request-

ing State Party all inormation which would assist in clariying

this matter.

I the requesting State Party does not receive a response3.

through the Secretary-General o the United Nations within

that time period, or deems the response to the Request orClarication to be unsatisactory, it may submit the matter

through the Secretary-General o the United Nations to the

next Meeting o the States Parties. The Secretary-General o

20




the United Nations shall transmit the submission, accompa-

nied by all appropriate inormation pertaining to the Request

or Clarication, to all States Parties. All such inormation shallbe presented to the requested State Party which shall have the

right to respond.

Pending the convening o any meeting o the States Parties,4.

any o the States Parties concerned may request the Secretary-

General o the United Nations to exercise his or her good

ofces to acilitate the clarication requested.

The requesting State Party may propose through the5.

Secretary-General o the United Nations the convening o a

Special Meeting o the States Parties to consider the matter.

The Secretary-General o the United Nations shall thereupon

communicate this proposal and all inormation submitted by

the States Parties concerned, to all States Parties with a request

that they indicate whether they avour a Special Meeting o

the States Parties, or the purpose o considering the matter.In the event that within 14 days rom the date o such commu-

nication, at least one-third o the States Parties avours such a

Special Meeting, the Secretary-General o the United Nations

shall convene this Special Meeting o the States Parties within

a urther 14 days. A quorum or this Meeting shall consist o a

majority o States Parties.

The Meeting o the States Parties or the Special Meeting o the6.States Parties, as the case may be, shall rst determine whether

to consider the matter urther, taking into account all inorma-

tion submitted by the States Parties concerned. The Meeting o

the States Parties or the Special Meeting o the States Parties

shall make every eort to reach a decision by consensus. I

despite all eorts to that end no agreement has been reached,

it shall take this decision by a majority o States Parties presentand voting.

All States Parties shall cooperate ully with the Meeting o the7.

States Parties or the Special Meeting o the States Parties in the

21



ullment o its review o the matter, including any act-nding

missions that are authorized in accordance with paragraph 8.

I urther clarication is required, the Meeting o the States8.

Parties or the Special Meeting o the States Parties shall autho-

rize a act-nding mission and decide on its mandate by a

majority o States Parties present and voting. At any time the

requested State Party may invite a act-nding mission to its

territory. Such a mission shall take place without a decision

by a Meeting o the States Parties or a Special Meeting o the

States Parties to authorize such a mission. The mission, con-sisting o up to 9 experts, designated and approved in accor-

dance with paragraphs 9 and 10, may collect additional inor-

mation on the spot or in other places directly related to the

alleged compliance issue under the jurisdiction or control o

the requested State Party.

The Secretary-General o the United Nations shall prepare and9.

update a list o the names, nationalities and other relevantdata o qualied experts provided by States Parties and com-

municate it to all States Parties. Any expert included on this

list shall be regarded as designated or all act-nding missions

unless a State Party declares its non-acceptance in writing. In

the event o non-acceptance, the expert shall not participate in

act-nding missions on the territory or any other place under

the jurisdiction or control o the objecting State Party, i the

non-acceptance was declared prior to the appointment o the

expert to such missions.

Upon receiving a request rom the Meeting o the States10.

Parties or a Special Meeting o the States Parties, the Secretary-

General o the United Nations shall, ater consultations with

the requested State Party, appoint the members o the mis-

sion, including its leader. Nationals o States Parties request-ing the act-nding mission or directly aected by it shall not

be appointed to the mission. The members o the act-nding

mission shall enjoy privileges and immunities under Article VI

22




o the Convention on the Privileges and Immunities o the

United Nations, adopted on 13 February 1946.

Upon at least 72 hours notice, the members o the act-nding11.

mission shall arrive in the territory o 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 or

ensuring the security o the mission to the maximum extent

possible while they are on territory under its control.

Without prejudice to the sovereignty o the requested State12.

Party, the act-nding mission may bring into the territory o

the requested State Party the necessary equipment which shall

be used exclusively or gathering inormation on the alleged

compliance issue. Prior to its arrival, the mission will advise the

requested State Party o the equipment that it intends to uti-

lize in the course o its act-nding mission.

The requested State Party shall make all eorts to ensure that13.

the act-nding mission is given the opportunity to speak with

all relevant persons who may be able to provide inormation

related to the alleged compliance issue.

The requested State Party shall grant access or the act-nding14.

mission to all areas and installations under its control where

acts relevant to the compliance issue could be expected to becollected. This shall be subject to any arrangements that the

requested State Party considers necessary or:

The protection o sensitive equipment, inormation anda)

areas;

The protection o any constitutional obligations theb)

requested State Party may have with regard to proprietary

rights, searches and seizures, or other constitutional rights;or

The physical protection and saety o the members o thec)

act-nding mission.

23



In the event that the requested State Party makes such arrange-

ments, it shall make every reasonable eort to demonstrate through

alternative means its compliance with this Convention.

The act-nding mission may remain in the territory o the15.

State Party concerned or no more than 14 days, and at any

particular site no more than 7 days, unless otherwise agreed.

All inormation provided in condence and not related to the16.

subject matter o the act-nding mission shall be treated on a

condential basis.

The act-nding mission shall report, through the Secretary-17.

General o the United Nations, to the Meeting o the States

Parties or the Special Meeting o the States Parties the results

o its ndings.

The Meeting o the States Parties or the Special Meeting o the18.

States Parties shall consider all relevant inormation, includ-ing the report submitted by the act-nding mission, and may

request the requested State Party to take measures to address

the compliance issue within a specied period o time. The

requested State Party shall report on all measures taken in

response to this request.

The Meeting o the States Parties or the Special Meeting o 19.

the States Parties may suggest to the States Parties concernedways and means to urther clariy or resolve the matter under

consideration, including the initiation o appropriate proce-

dures in conormity with international law. In circumstances

where the issue at hand is determined to be due to circum-

stances beyond the control o the requested State Party, the

Meeting o the States Parties or the Special Meeting o the

States Parties may recommend appropriate measures, includ-

ing the use o cooperative measures reerred to in Article 6.

The Meeting o the States Parties or the Special Meeting o 20.

the States Parties shall make every eort to reach its decisions

reerred to in paragraphs 18 and 19 by consensus, otherwise

by a two-thirds majority o States Parties present and voting.

24




Article 9

National implementation measures

Each State Party shall take all appropriate legal, administrative and

other measures, including the imposition o penal sanctions, to pre-

vent and suppress any activity prohibited to a State Party under this

Convention undertaken by persons or on territory under its jurisdic-

tion or control.

Article 10

Settlement o disputes

The States Parties shall consult and cooperate with each other1.

to settle any dispute that may arise with regard to the applica-

tion or the interpretation o this Convention. Each State Party

may bring any such dispute beore the Meeting o the States

Parties.

The Meeting o the States Parties may contribute to the set-2.

tlement o the dispute by whatever means it deems appro-

priate, including oering its good ofces, calling upon the

States parties to a dispute to start the settlement procedure

o their choice and recommending a time-limit or any agreed

procedure.

This Article is without prejudice to the provisions o this3.

Convention on acilitation and clarication o compliance.

Article 11

Meetings o the States Parties

The States Parties shall meet regularly in order to consider any1.matter with regard to the application or implementation o

this Convention, including:

The operation and status o this Convention;a)

25



Matters arising rom the reports submitted under the pro-b)

visions o this Convention;

International cooperation and assistance in accordancec)with Article 6;

The development o technologies to clear anti-personneld)

mines;

Submissions o States Parties under Article 8; ande)

Decisions relating to submissions o States Parties as pro- )

vided or in Article 5.

The First Meeting o the States Parties shall be convened by2.

the Secretary-General o the United Nations within one year

ater the entry into orce o this Convention. The subsequent

meetings shall be convened by the Secretary-General o the

United Nations annually until the rst Review Conerence.

Under the conditions set out in Article 8, the Secretary-General3. o the United Nations shall convene a Special Meeting o the

States Parties.

States not parties to this Convention, as well as the United4.

Nations, other relevant international organizations or institu-

tions, regional organizations, the International Committee o

the Red Cross and relevant non-governmental organizations

may be invited to attend these meetings as observers in accor-dance with the agreed Rules o Procedure.

Article 12

Review Conerences

A Review Conerence shall be convened by the Secretary-1.

General o the United Nations ve years ater the entry intoorce o this Convention. Further Review Conerences shall be

convened by the Secretary-General o the United Nations i

so requested by one or more States Parties, provided that the

interval between Review Conerences shall in no case be less

26




than ve years. All States Parties to this Convention shall be

invited to each Review Conerence.

The purpose o the Review Conerence shall be:2.

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

To consider the need or and the interval between urtherb)

Meetings o the States Parties reerred to in paragraph 2

o Article 11;

To take decisions on submissions o States Parties as pro-c)

vided or in Article 5; and

To adopt, i necessary, in its nal report conclusions relatedd)

to the implementation o this Convention.


Nations, other relevant international organizations or institu-

tions, regional organizations, the International Committee o

the Red Cross and relevant non-governmental organizationsmay be invited to attend each Review Conerence as observers

in accordance with the agreed Rules o Procedure.

Article 13

Amendments

At any time ater the entry into orce o this Convention any1.State Party may propose amendments to this Convention.

Any proposal or 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 Conerence

should be convened to consider the proposal. I a majority o

the States Parties notiy the Depositary no later than 30 days

ater its circulation that they support urther consideration o

the proposal, the Depositary shall convene an Amendment

Conerence to which all States Parties shall be invited.


Nations, other relevant international organizations or institutions,

27



28

regional organizations, the International Committee o the Red

Cross and relevant non-governmental organizations may be

invited to attend each Amendment Conerence as observers inaccordance with the agreed Rules o Procedure.

The Amendment Conerence shall be held immediately ol-3.

lowing a Meeting o the States Parties or a Review Conerence

unless a majority o the States Parties request that it be held

earlier.

Any amendment to this Convention shall be adopted by a4. majority o two-thirds o the States Parties present and voting

at the Amendment Conerence. The Depositary shall commu-

nicate any amendment so adopted to the States Parties.

An amendment to this Convention shall enter into orce or all5.

States Parties to this Convention which have accepted it, upon

the deposit with the Depositary o instruments o acceptance

by a majority o States Parties. Thereater it shall enter intoorce or any remaining State Party on the date o deposit o its

instrument o acceptance.

Article 14

Costs

The costs o the Meetings o the States Parties, the Special1.Meetings o the States Parties, the Review Conerences and the

Amendment Conerences shall be borne by the States Parties

and States not parties to this Convention participating therein,

in accordance with the United Nations scale o assessment

adjusted appropriately.

The costs incurred by the Secretary-General o the United2.

Nations under Articles 7 and 8 and the costs o any act-

nding mission shall be borne by the States Parties in accor-

dance with the United Nations scale o assessment adjusted

appropriately.




Article 15

Signature

This Convention, done at Oslo, Norway, on 18 September 1997,

shall be open or signature at Ottawa, Canada, by all States rom 3

December 1997 until 4 December 1997, and at the United Nations

Headquarters in New York rom 5 December 1997 until its entry into

orce.

Article 16

Ratifcation, acceptance, approval or accession

This Convention is subject to ratication, acceptance or1.

approval o the Signatories.

It shall be open or accession by any State which has not signed2.

the Convention.

The instruments o ratication, acceptance, approval or acces-3.

sion shall be deposited with the Depositary.

Article 17

Entry into orce

This Convention shall enter into orce on the rst day o the1.

sixth month ater the month in which the 40th instrument

o ratication, acceptance, approval or accession has been

deposited.

For any State which deposits its instrument o ratication,2.

acceptance, approval or accession ater the date o the deposit

o the 40th instrument o ratication, acceptance, approval oraccession, this Convention shall enter into orce on the rst

day o the sixth month ater the date on which that State has

deposited its instrument o ratication, acceptance, approval

or accession.

29



Article 18

Provisional application

Any State may at the time o its ratication, acceptance, approval

or accession, declare that it will apply provisionally paragraph 1 o

Article 1 o this Convention pending its entry into orce.

Article 19

Reservations The Articles o this Convention shall not be subject to reservations.

Article 20

Duration and withdrawal

This Convention shall be o unlimited duration.1.

Each State Party shall, in exercising its national sovereignty,2.

have the right to withdraw rom this Convention. It shall give

notice o such withdrawal to all other States Parties, to the

Depositary and to the United Nations Security Council. Such

instrument o withdrawal shall include a ull explanation o the

reasons motivating this withdrawal.

Such withdrawal shall only take eect six months ater the3.

receipt o the instrument o withdrawal by the Depositary. I,

however, on the expiry o that six-month period, the withdraw-

ing State Party is engaged in an armed conict, the withdrawal

shall not take eect beore the end o the armed conict.

The withdrawal o a State Party rom this Convention shall not4.

in any way aect the duty o States to continue ullling theobligations assumed under any relevant rules o international

law.

30




Article 21

Depositary

The Secretary-General o the United Nations is hereby designated as

the Depositary o this Convention.

Article 22

Authentic texts

The original o this Convention, o which the Arabic, Chinese, English,French, Russian and Spanish texts are equally authentic, shall be

deposited with the Secretary-General o the United Nations.

31





MISSION

The International Committee o the Red Cross (ICRC) is an

impartial, neutral and independent organization whose

exclusively humanitarian mission is to protect the lives and

dignity o victims o armed conict and other situations o

violence and to provide them with assistance.

The ICRC also endeavours to prevent suering by promotingand strengthening humanitarian law and universal

humanitarian principles.

Established in 1863, the ICRC is at the origin o the Geneva

Conventions and the International Red Cross and Red

Crescent Movement. It directs and coordinates the

international activities conducted by the Movement in

armed conicts and other situations o violence.



The Convention on the Prohibition o Anti-

personnel Mines is an important instrument o inter-

national humanitarian law. It prohibits the use,

stockpiling, production and transer o anti-personnel

mines and requires the destruction o existing stocks.

It also commits States to clearing contaminated

areas, taking interim measures to protect civilians

rom these weapons and assisting victims.

This publication contains the text o the Convention

as adopted on 18 September 1997 by a DiplomaticConerence in Oslo, Norway. It is intended to promote

understanding o the Convention’s stipulations and

to acilitate its ratication and implementation by

governments.

0 4 . 2

0 0 9

3 0 0 0

Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction

Documents