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The design function of being activated by the target also distinguishes a mine fromunexploded ordnance that results from the malfunction of a munition. 232 Other rules addressunexploded ordnance. 2336.12.1.3 Anti-Personnel Mines. Under the CCW Amended Mines Protocol, an“anti-personnel mine” is a mine primarily designed to be exploded by the presence, proximity, orcontact of a person and that will incapacitate, injure, or kill one or more persons. 234“Primarily” was added to ensure that anti-vehicle mines equipped with anti-handlingdevices (which often cause the mine to detonate by contact of a person) are not treated as antipersonnelmines under the CCW Amended Mines Protocol. 235Another element in the definition of “anti-personnel mine” is its effect of incapacitating,injuring, or killing one or more persons. This description was understood to be broad enough tocover the range of hazards posed by anti-personnel mines, but the term “incapacitating” meanspermanent incapacity. 236 Thus, the definition of “mine” for the purposes of the CCW Amended232 Article-by-Article Analysis of CCW Amended Mines Protocol, 5, Enclosure A to Warren Christopher, Letter ofSubmittal, Dec. 7, 1996, MESSAGE FROM THE PRESIDENT TRANSMITTING THE CCW AMENDED MINES PROTOCOL,PROTOCOL III ON INCENDIARY WEAPONS, AND PROTOCOL IV ON BLINDING LASER WEAPONS 5 (“It is also thischaracteristic, i.e. that the munition is designed to be activated by the target, that distinguishes a mine from so-calledunexploded ordinance [sic] or UXO. UXO is not covered by the Protocol, either the 1980 or the amended version.Unexploded ordinance [sic] is a result of a malfunction of a munition; UXO is not ‘designed’ in any sense, and, inparticular, is not designed to be detonated by the presence, proximity or contact of person. Although UXO presentsa serious problem that requires concerted attention, it is a problem outside the scope of Protocol II.”).233 Refer to § 6.20 (Explosive Remnants of War).234 CCW AMENDED MINES PROTOCOL art. 2(3) (“‘Anti-personnel mine’ means a mine primarily designed to beexploded by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or morepersons.”).235 Article-by-Article Analysis of CCW Amended Mines Protocol, 6-7, Enclosure A to Warren Christopher, Letter ofSubmittal, Dec. 7, 1996, MESSAGE FROM THE PRESIDENT TRANSMITTING THE CCW AMENDED MINES PROTOCOL,PROTOCOL III ON INCENDIARY WEAPONS, AND PROTOCOL IV ON BLINDING LASER WEAPONS 6-7 (“The first is theword ‘primarily’ in the phrase ‘primarily designed’. This element was added to ensure that anti-tank minesequipped with anti-handling devices are not treated as anti-personnel mines. This was an important considerationfor U.S. military operations. Anti-personnel mines are frequently used in conjunction with anti-tank mines toprotect anti-tank mines against enemy removal during military operations. With increasing restrictions on the use ofanti-personnel mines, it was clear, from a military perspective, that alternative means of protecting anti-tank minesagainst enemy removal during combat operations would be increasingly important. One such common alternative isto equip anti-tank mines with anti-handling devices. But since such devices are, as a practical matter, intended tocause an anti-tank mine to detonate if handled by a person, there was concern that an anti-tank mine equipped withan anti-handling device would inadvertently fall within the definition of an anti-personnel mine, and be subject,therefore, to the additional constraints imposed on anti-personnel mines. Adding the word ‘primarily’ before‘designed’ clarified that anti-tank mines that are equipped with anti-handling devices are not considered antipersonnelmines as a result of being so equipped. This language was not intended to exclude from the restrictions onanti-personnel mines any munition designed to perform the function of an anti-personnel mine.”).236 Article-by-Article Analysis of CCW Amended Mines Protocol, 7, Enclosure A to Warren Christopher, Letter ofSubmittal, Dec. 7, 1996, MESSAGE FROM THE PRESIDENT TRANSMITTING THE CCW AMENDED MINES PROTOCOL,PROTOCOL III ON INCENDIARY WEAPONS, AND PROTOCOL IV ON BLINDING LASER WEAPONS 7 (“The secondadditional element in the anti-personnel mine definition is the reference to incapacitating, injuring or killing one ormore persons. This description was understood to be broad enough to cover the range of hazards posed by anti-358