Banning Anti-Personnel Mines - The Ottawa Treaty Explained (International Committee of the Red Cross , 1998, 24 p.): Introduction

Banning Anti-Personnel Mines - The Ottawa Treaty Explained (International Committee of the Red Cross , 1998, 24 p.)

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Introduction

1. The landmine problem and progress towards a ban treaty

1.1 The need for a ban treaty

1.2 The existing law

1.3 The Ottawa process

2. The Ottawa treaty

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2.1 What is an anti-personnel mine?

2.2 The elements of a comprehensive ban treaty

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2.2.1 An end to use

2.2.2 A prohibition on development and production

2.2.3 A prohibition on stockpiling

2.2.4 A prohibition on transfer

2.2.5 Other prohibited activities

2.3 Addressing the problem: mine clearance and assistance to victims

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2.3.1 Clearing mined areas

2.3.2 Assisting the victims

2.4 Entry into force

2.5 Ensuring compliance with the treaty

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2.5.1 Reporting on implementation

2.5.2 Settling disputes

2.5.3 Resolving doubts about compliance

2.5.4 National efforts to prevent violations

2.5.5 Reviewing implementation of the treaty

2.5.6 Strengthening and updating the treaty

2.6 Reservations

2.7 Withdrawal

3. Beyond the Ottawa treaty

Annex I: Glossary of legal and technical terms

Annex II: Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction

Annex III: List of Signatories as at 1 March 1999*

Introduction

The Ottawa treaty is part of the international response to the humanitarian crisis caused by the global proliferation of anti-personnel mines. Millions of these deadly weapons are already contaminating more than 70 countries, creating one of the most serious man-made problems of our time. Their long-term impact upon individuals, communities, and entire societies is startling. Recognizing the seriousness of the problem, countries from all regions of the world voluntarily came together in 1997 and negotiated the Ottawa treaty, an international agreement comprehensively banning the development, production, stockpiling, transfer and use of antipersonnel mines, and requiring their destruction. This treaty is an outstanding achievement because it marks the first time that countries - through international humanitarian law - have agreed to ban completely a weapon already in widespread use. In setting a clear international standard against anti-personnel mines, the Ottawa treaty represents a decisive first step in the long-term goal of addressing the scourge of landmines and clearing the world of these horrific weapons.

This paper provides a brief overview of the landmine problem, the “Ottawa process” and the content of the Ottawa treaty. It is not intended to be a record of the negotiating history or a commentary on the legal aspects or implications of the treaty. Rather, it presents and explains the treaty’s major elements and accomplishments. It has been written with the non-specialist in mind and is therefore not overly burdened with international legal terminology. Where use of such terminology has been unavoidable, the specific word or phrase is underlined and is explained in a glossary at the end. A copy of the treaty is also attached for information.