The
use of landminesboth antipersonnel and antitank minesis
governed, in principle, by Protocol II of the Conventional Weapons
Convention of 1980 (Prohibitions or Restrictions on the Use of Certain
Conventional Weapons That May Be Deemed to Be Excessively Injurious
or to Have Indiscriminate Effects).
The provisions of Protocol II are widely agreed to be vague and
unenforceable. "Preplanned" minefields, it stipulates,
must be recorded and civilians are to be given warning of remotely
delivered mines "unless circumstances do not permit."
Some legal specialists argue that mines are unlawful under international
customary law, which prohibits the use of weapons
that are by their nature indiscriminate. Neither customary law nor
the Conventional Weapons Convention have had any perceptible effect
in controlling the growth of mine use, which has become widespread
in the postCold War era, particularly in internal conflicts.
In 1997, after a worldwide campaign, a new agreement covering anti-personnel
mines was concluded in Ottawa. The Ottawa Treaty, signed by over
125 countries and ratified, as of September 1998, by 41, is due
to enter into force in 1999. It prohibits the production, stockpiling,
transfer, and use of antipersonnel mines. It further obliges States
party to it to clear mines they have laid and to make provisions
for victims of mines. But major mine producers such as the United
States, Russia, China, India, and Pakistan have not signed the Ottawa
convention; it does not cover antitank mines; and non-State actorsrebels
and insurgent groupscannot be party to it.

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