10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

cannot be directed at a specific military objective. 289 For example, it would be prohibited todeliver mines using unguided long-distance balloons. 290This prohibition on indiscriminate use of mines, booby-traps, or other devices alsoprohibits placing mines, booby-traps, or other devices that may be expected to cause incidentalloss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof,which would be excessive in relation to the concrete and direct military advantage anticipated. 2916.12.5.3 Obligation to Take Feasible Precautions to Protect Civilians From theEffects of Mines, Booby-Traps, and Other Devices. All feasible precautions shall be taken toprotect civilians from the effects of mines, booby-traps, and other devices. 292 This obligationcorresponds to a more general obligation to take feasible precautions. 293 Feasible precautions arethose precautions that are practicable or practically possible, taking into account allcircumstances ruling at the time, including humanitarian and military considerations. 294 Thesecircumstances include, but are not limited to:• the short- and long-term effect of mines, booby-traps, and other devices upon the localcivilian population for the duration of their use;• possible measures to protect civilians (e.g., fencing, signs, warning, and monitoring);• the availability and feasibility of using alternatives; and• the short- and long-term military requirements for a minefield, or for the use of boobytrapsor other devices. 295289 CCW AMENDED MINES PROTOCOL art. 3(8) (“Indiscriminate use is any placement of such weapons: … (b)which employs a method or means of delivery which cannot be directed at a specific military objective;”).290 Refer to § 6.7 (Inherently Indiscriminate Weapons).291 CCW AMENDED MINES PROTOCOL art. 3(8) (“Indiscriminate use is any placement of such weapons: … (c) whichmay be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or acombination thereof, which would be excessive in relation to the concrete and direct military advantageanticipated.”). Refer to § 5.12 (Proportionality in Conducting Attacks).292 CCW AMENDED MINES PROTOCOL art. 3(10) (“All feasible precautions shall be taken to protect civilians from theeffects of weapons to which this Article applies.”).293 Refer to § 5.3.3 (Affirmative Duties to Take Feasible Precautions for the Protection of Civilians and OtherProtected Persons and Objects).294 CCW AMENDED MINES PROTOCOL art. 3(10) (“Feasible precautions are those precautions which are practicableor practically possible taking into account all circumstances ruling at the time, including humanitarian and militaryconsiderations.”). Refer to § 5.3.3.2 (What Precautions Are Feasible).295 CCW AMENDED MINES PROTOCOL art. 3(10) (“These circumstances include, but are not limited to: (a) the shortandlong-term effect of mines upon the local civilian population for the duration of the minefield; (b) possiblemeasures to protect civilians (for example, fencing, signs, warning and monitoring); (c) the availability andfeasibility of using alternatives; and (d) the short- and long-term military requirements for a minefield.”). See alsoArticle-by-Article Analysis of CCW Amended Mines Protocol, 14, 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 14 (“These general369

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

Saved successfully!

Ooh no, something went wrong!