Landmines: Unit 3: A. Total Ban: The Only Solution

The United Nations has maintained that the only solution to the scourge of landmines is a total ban on the production, use, stockpiling and trade of landmines.
Through the efforts of the UN, governments and non-governmental organizations progress has been made on this issue. More than 50 countries have prohibited the export of anti-personnel mines and more than 20 have stopped production. In March 1995, Belgium became the first country to pass a law that banned landmines. Austria, Norway, Sweden and Switzerland followed suit, while six Central American governments announced their intention to make that region the world's first ‘mine-free’ zone.

While international support for this approach has been growing, some major users and producers of landmines continue to reject a treaty calling for a total ban.The only international treaty to deal directly with landmines is to be signed by over 100 countries in Ottawa, Canada in December 1997. However, some important states, including the United States, China, Pakistan, and the Russian Federation, will be absent in Ottawa.

Prior to Ottawa, the only international treaty that applied to landmines was the Convention on Prohibition or Restrictions on the Use of Certain Conventional Weapons (CCW) which had a section (protocol) on landmines. The Convention only applies to States which have 'ratified' its provisions. Since its adoption in 1980, only 49 countries have ratified the treaty, while a further 16 have signed, but not yet ratified the Convention.

The main provisions of the landmine protocol within the CCW include the directives that mines may only be used against military objectives; that records must be kept of the location of pre-planned minefields; and that at the end of hostilities, the parties are to try to agree either among themselves or with other States or organizations to clear the minefields.

The CCW has had little or no effect on the use of anti-personnel (AP) mines in recent conflicts. Along with the low level of ratification, there are serious weaknesses in its material provisions. For one thing, it only applies to international conflicts, which means that a great number of recent conflicts are excluded. It also contains no provisions to make sure the States are complying.

Supporters of the Ottawa conference hope that they will have a greater impact on the issue of landmines.

What does ratify mean and why do treaties need to be ratified before they take effect?
Compare the main directives of the CCW as mentioned in the text with Article 1 of the “Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction,” the treaty to be signed in Ottawa as it appears below. What are the major differences?

Article 1

General obligations

1. Each State Party undertakes never under any circumstances

2. Each State Party undertakes to destroy or ensure the destruction of all antipersonnel mines in accordance with the provisions of this Convention.