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Chapter 29 - Landmines (Rules 81–83)

Published online by Cambridge University Press:  05 June 2012

Jean-Marie Henckaerts
Affiliation:
International Committee of the Red Cross
Louise Doswald-Beck
Affiliation:
Graduate Institute of International Studies, Geneva and University Centre for International Humanitarian Law
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Summary

Rule 81. When landmines are used, particular care must be taken to minimise their indiscriminate effects.

Practice

Volume II, Chapter 29, Section B.

Summary

State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts. This rule applies to the use of anti-vehicle mines. It also applies in relation to anti-personnel landmines for States which have not yet adopted a total ban on their use.

International armed conflicts

Many of the rules in both the original and amended versions of Protocol II to the Convention on Certain Conventional Weapons, as well as other State practice, are aimed at obviating the indiscriminate effects of mines. The provisions of these treaties, which include the prohibitions of certain types of mines as well as further limitations, are specifically aimed at limiting the potentially indiscriminate damage caused by these weapons. Furthermore, practice shows that the customary rules applying to the conduct of hostilities, such as the principle of distinction (see Rules 1 and 7), the principle of proportionality (see Rule 14) and the obligation to take all feasible precautions in attack (see Rule 15), are equally applicable to the use of landmines.

The obligation to take particular care when using landmines is based on a number of rules that have been codified in Protocol II to the Convention on Certain Conventional Weapons. This Protocol sets out general rules on the emplacement of all landmines.

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Publisher: Cambridge University Press
Print publication year: 2005

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