1980 Convention on Certain Conventional Weapons

1 ADVISORY SERVICE. ON INTERNATIONAL HUMANITARIAN LAW. _____. 1980 Convention on Certain Conventional Weapons The Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects applies two general customary rules of international humanitarian law to specific Weapons . These customary rules are (1) the prohibition on the use of Weapons that are indiscriminate and (2) the prohibition on the use of Weapons of a nature to cause unnecessary suffering or superfluous injury. The Convention is comprised of a framework instrument and five individual protocols that regulate specific categories of Weapons . Although it contains detailed rules for specific Weapons that raise humanitarian concerns, the Convention does not lessen the obligation of States to refrain from using Weapons not covered by the Convention , but which would nonetheless violate customary rules of international humanitarian law.

2 The Convention Protocol II as amended and Protocol V apparently harmless object ( require the parties to a conflict to take opens a door);. The Convention seeks to protect specific measures in the post-conflict other devices: manually emplaced civilians from the effects of Weapons setting to minimize the dangers posed munitions and devices, including used in an armed conflict and to by mines, booby traps and other forms improvised explosive devices, which protect combatants from suffering in of unexploded and abandoned are designed to kill or injure and excess of that necessary to achieve a ordnance. which are actuated manually, by legitimate military objective. remote control or automatically after Protocol I: Non-detectable a lapse of time.

3 One of the Convention 's important fragments features is that it can be expanded in Although they are not defined in the response to the development of new Protocol I prohibits the use of any Protocol, anti-vehicle mines are Weapons or changes in the conduct of weapon, the primary effect of which is regulated by the Protocol's general warfare. When it was concluded in to injure by fragments that are not rules (Art. 3) and a specific rule in Art. 1980 the Convention contained three detectable in the human body by X- 6 para. 3. protocols (Protocols I-III). States rays. Parties subsequently adopted new General rules protocols in 1995 (Protocol IV on Protocol II: Mines, booby-traps and Blinding Laser Weapons ) and in 2003 other devices The following acts are prohibited: (Protocol V on Explosive Remnants of War).

4 Protocol II, as amended in 1996, using mines, booby traps and other prohibits or restricts the use of devices if they are of a nature to The Convention 's scope of application landmines (both anti-personnel and cause unnecessary suffering or has also been broadened so that it anti-vehicle), booby-traps and Certain superfluous injury (Art. 3, para. 3);. applies to all types of armed conflicts. other explosive devices. These are using these Weapons if they are When adopted in 1980, the defined as follows (Art. 2). designed to explode when detected Convention Protocols I-III applied only by mine-detection equipment (Art. 3, to international armed conflicts. anti-personnel mine: a mine para. 5);. However, in 1996, at the First Review primarily designed to be exploded directing these Weapons against Conference of States Parties, Protocol by the presence, or contact of a civilians or civilian objects (Art.)

5 3, II (on Mines, Booby Traps and Other person and that will incapacitate, para. 7);. Devices) was amended to apply also injure or kill a person (Anti- using these Weapons to non-international armed conflicts. personnel mines are further indiscriminately (Art. 3, para. 8). Similarly, in 2001, the Second Review regulated by the 1997 Convention Conference extended the remaining on the Prohibition of Anti-personnel Parties to the conflict which use Protocols in force to non-international Mines, which prohibits the use, mines, booby traps and other devices armed conflicts. Today, the production, stockpiling and transfer must: Convention 's rules apply in all of such Weapons for States that are situations of armed conflict. party to the instrument); remove them following the end of booby-trap: any device designed or active hostilities (Art.

6 3, para. 2 and Although most of its rules regulate adapted to kill or injure, and which Art. 10);. behaviour during armed conflict, the functions unexpectedly when a take all feasible precautions to CCW also requires action after the person disturbs or approaches an protect civilians from their effects end of active hostilities. In particular, (Art. 3, para. 10);. give effective advance warning of signs; sick, wounded or dead Weapons . The Protocol does not apply any emplacement of these Weapons persons; medical equipment; toys; to the Weapons covered by Protocol II. that may affect the civilian food or historic monuments. as amended (mines, booby traps and population (Art. 3, para. 11); other devices). maintain records on the locations of Among their general obligations, such Weapons (Art.

7 9) ; States Parties must take all The Protocol requires each party to an take measures to protect missions appropriate steps, including legislative armed conflict to: of the United Nations, the ICRC and and other measures, to prevent and other humanitarian organizations suppress violations of the Protocol by mark and clear ERW in territory against the effects of these persons or on territory under its they control after a conflict (Art. 3, Weapons (Art. 12). jurisdiction or control (Art. 14). para. 2);. provide technical, material and Specific rules Protocol III: financial assistance to facilitate Incendiary Weapons the removal of ERW that result (1) Mines from its operations and which are Incendiary Weapons are those that are located in areas it does not All anti-personnel mines must be primarily designed to set fire to objects control.

8 This assistance can be detectable using commonly or to burn persons through the action provided directly to the party in available mine-detection equipment of flame or heat, such as napalm and control of the territory or through a (Art. 4 and the Technical Annex). flame throwers (Art. 1). third party such as the UN, anti-personnel mines other than international agencies or non- those delivered remotely must be It is prohibited in all circumstances to governmental organizations. (Art. equipped with self-destruction and use them against civilians. It is also 3, para. 1);. self-deactivation mechanisms as prohibited to make any military take all feasible precautions to specified in the Technical Annex objective located within a protect civilians from the effects of unless they are (Art.)

9 5): concentration of civilians the object of ERW. This may include the a) placed within a perimeter- attack by air-delivered incendiary fencing and monitoring of territory marked area monitored by Weapons . affected by ERW, and the military personnel and provision of warnings and risk protected by fencing or other Finally, it is prohibited to make forests education (Art. 5);. means, to ensure the or other kinds of plant cover the object record information on the effective exclusion of civilians of attack by incendiary Weapons explosive ordnance employed by from the area; and unless they are being used to conceal its armed forces and, after the end b) cleared before the area is combatants or other military objectives of active hostilities, share that abandoned.

10 (Art. 2). information with the other parties Remotely-delivered anti- to the conflict and organizations personnel mines must comply Protocol IV: engaged in ERW clearance or with the provisions on self- Blinding laser Weapons programs to warn civilians of the destruction and self-deactivation dangers of these devices (Art. 4). (Art. 6, para. 2). Protocol IV prohibits the use of laser Remotely-delivered anti-vehicle Weapons specifically designed to In addition to the obligations placed mines must, to the extent cause permanent blindness, and the upon the parties to a conflict, all States feasible, be equipped with an transfer of such Weapons to any State Parties in a position to do so must effective self-destruction or self- or non-State entity (Art.)