10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Mines Protocol does not include non-lethal weapon technology that is designed temporarily todisable, stun, or signal the presence of a person, but not to cause permanent incapacity. 2376.12.1.4 Mines Other Than Anti-Personnel Mines. The CCW Amended MinesProtocol uses the term “mines other than anti-personnel mines” to refer to anti-vehicle mines.“Anti-vehicle mines” or “mines other than anti-personnel mines” are also sometimes referred toas anti-tank mines. 238The CCW Amended Mines Protocol defines “mine” in terms of a munition that isdesigned to be exploded by a person or vehicle. 239 Thus, “mines other than anti-personnelmines” are anti-vehicle mines. 2406.12.1.5 Remotely Delivered Mines. “Remotely-delivered mine” means a minethat is not directly emplaced, but is instead delivered by artillery, missile, rocket, mortar, orsimilar means, or dropped from an aircraft. 241Mines delivered from a land-based system from less than 500 meters, however, are notconsidered to be remotely delivered, provided that they are used in accordance with Article 5 andother relevant articles of the CCW Amended Mines Protocol. 242 These mines were excludedfrom the definition of remotely delivered mines because, when delivered in the prescribedmanner, they can be accurately marked and precautions to protect civilians can be reliablymaintained.personnel mines. Additionally, the term ‘incapacitating’ does not restrict non-lethal weapon technology that maytemporarily disable, stun or signal the presence of person but not cause permanent incapacity.”).237 United States, Statement on Consent to Be Bound by the CCW Amended Mines Protocol, May 24, 1999, 2065UNTS 128, 130 (“The United States understands that nothing in the Amended Mines Protocol may be construed asrestricting or affecting in any way non-lethal weapon technology that is designed to temporarily disable, stun, signalthe presence of a person, or operate in any other fashion, but not to cause permanent incapacity.”).238 Article-by-Article Analysis of CCW Amended Mines Protocol, 8, 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 8 (“Finally, the term‘anti-tank mine’ is not used or defined in the amended Protocol; such mines are referred to by the use of the phrase‘mines other than anti-personnel mines,’ which includes all mines designed to be exploded by the presence,proximity or contact of a vehicle. This formulation flows from the definitions for ‘mine’ and ‘anti-personnel mine’when read in light of each other. Throughout this analysis mines other than anti-personnel mines are also referred toas anti-tank mines.”).239 CCW AMENDED MINES PROTOCOL art. 2(1) (“‘Mine’ means a munition placed under, on or near the ground orother surface area and designed to be exploded by the presence, proximity or contact of a person or vehicle.”).240 See 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.”).241 CCW AMENDED MINES PROTOCOL art. 2(2) (“‘Remotely-delivered mine’ means a mine not directly emplaced butdelivered by artillery, missile, rocket, mortar, or similar means, or dropped from an aircraft.”).242 CCW AMENDED MINES PROTOCOL art. 2(2) (“Mines delivered from a land-based system from less than 500metres are not considered to be ‘remotely delivered’, provided that they are used in accordance with Article 5 andother relevant Articles of this Protocol.”).359

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!