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Contents
- Preliminary Material
- Main Text
- Introduction
- Preliminary Material
- The Development and Use of Anti-Personnel Mines
- The Military Utility of Anti-Personnel Mines
- A Historical Overview of the Legal Regulation of Anti-Personnel Mines
- The Negotiation of the Anti-Personnel Mine Ban Convention
- Background
- The ‘Ottawa Process’
- The 1996 Ottawa Conference
- The First Draft of the Convention
- The UN General Assembly
- The 1997 Vienna Conference
- The Mobilization of Southern Africa
- The Second Draft of the Convention
- The 1997 Bonn Conference
- The Third Draft of the Convention
- The 1997 Brussels Conference
- Between Brussels and Oslo
- The 1997 Oslo Diplomatic Conference
- The 1997 Ottawa Conference
- The Role of the Conference on Disarmament
- Key Developments since the Adoption of the Convention
- Commentary
- The Title and Preamble of the Convention
- Preliminary Material
- The Title of the Convention
- The Preamble
- Introduction
- The ‘States Parties’
- Ending the Impact of Anti-Personnel Mines
- The Need for Mine Clearance
- Assistance to Mine Victims
- A Total Ban as a Confidence-Building Measure
- The Relationship to Amended Protocol II
- UN General Assembly Resolution 51/45S
- Unilateral and Multilateral Measures
- The Campaign for a Total Ban on Anti-Personnel Mines
- The Ottawa and Brussels Declarations
- Universality of the Anti-Personnel Mine Ban Convention
- The Principles of International Humanitarian Law
- Art.1 General Obligations
- Preliminary Material
- Introduction
- Paragraph 1
- The Scope of the Obligations
- The Application of the Obligations to Armed Opposition Groups
- The Prohibition of Use
- The Prohibition on Development
- The Prohibition on Production
- The Prohibition on Acquisition
- The Prohibition on Stockpiling and Retention
- The Prohibition on Transfer
- The Prohibition on Assisting, Encouraging, or Inducing Prohibited Activities
- Introduction
- The Definition of ‘Assist’
- The Definition of ‘Encourage’
- The Definition of ‘Induce’
- Interoperability
- Operations Involving Anti-Personnel Mines on the Territory of a State Party
- The Transit of Anti-Personnel Mines
- The Stockpiling of Foreign Anti-Personnel Mines
- Components of Anti-Personnel Mines
- Concluding Remarks
- Paragraph 2
- Art.2 Definitions
- Art.3 Exceptions
- Art.4 Destruction of Stockpiled Anti-Personnel Mines
- Preliminary Material
- Introduction
- The Relationship to Other Articles of the Convention
- The Obligation on States Parties
- The Obligation to Destroy or Ensure the Destruction of Stockpiles
- The Weapons to be Destroyed
- The Scope of the Obligation
- The Deadline for Completion of Stockpile Destruction
- Progress in Stockpile Destruction
- Art.5 Destruction of Anti-Personnel Mines in Mined Areas
- Art.6 International Cooperation and Assistance
- Art.7 Transparency Measures
- Preliminary Material
- Introduction
- Paragraph 1
- The Duty to Provide Information
- The Information to be Provided
- National Implementation Measures
- Anti-Personnel Mine Stockpiles
- Anti-Personnel Mines in Mined Areas
- Anti-Personnel Mines Retained under Article 3
- The Conversion or De-Commissioning of Production Facilities
- The Status of Anti-Personnel Mine Destruction Programmes
- Progress in Anti-Personnel Mine Destruction
- Characteristics of Anti-Personnel Mines Produced
- Warning Measures
- Voluntary Reporting
- Other Issues
- The Mechanism for Submitting Information
- Paragraph 2
- Paragraph 3
- Art.8 Facilitation and Clarification of Compliance
- Art.9 National Implementation Measures
- The Title and Preamble of the Convention
- Final Clauses
- Art.10 Settlement of Disputes
- Art.11 Meetings of the States Parties
- Art.12 Review Conferences
- Art.13 Amendments
- Art.14 Costs
- Art.15 Signature
- Art.16 Ratification, Acceptance, Approval, or Accession
- Art.17 Entry into Force
- Art.18 Provisional Application
- Art.19 Reservations
- Art.20 Duration and Withdrawal
- Art.21 Depositary
- Art.22 Authentic Texts
- Introduction
- Further Material
- Bibliography
- Appendixes
- Appendix contents
- Appendix 1 Key Provisions of Treaty Interpretation
- Vienna Convention on the Law of Treaties
- Part I: Introduction
- Part II: Conclusion and Entry into Force of Treaties
- s.1 Conclusion of Treaties
- Art.6 Capacity of States to conclude treaties
- Art.9 Adoption of the text
- Art.10 Authentication of the text
- Art.11 Means of expressing consent to be bound by a treaty
- Art.14 Consent to be bound by a treaty expressed by ratification, acceptance or approval
- Art.15 Consent to be bound by a treaty expressed by accession
- Art.18 Obligation not to defeat the object and purpose of a treaty prior to its entry into force
- s.2 Reservations
- s.3 Entry into Force and Provisional Application of Treaties
- s.1 Conclusion of Treaties
- Part III: Observance, Application and Interpretation of Treaties
- Part IV: Amendment and Modification of Treaties
- Vienna Convention on the Law of Treaties
- Appendix 2 United Nations General Assembly Resolutions
- 48/75 General and Complete Disarmament
- 49/75 General and Complete Disarmament
- 50/70 General and Complete Disarmament
- 51/45 General and Complete Disarmament
- 52/38 General and Complete Disarmament
- 53/77 General and Complete Disarmament
- 54/54 General and Complete Disarmament
- 55/33 General and Complete Disarmament
- 56/24 General and Complete Disarmament
- 57/74 General and Complete Disarmament
- 58/53 General and Complete Disarmament
- 59/84 General and Complete Disarmament
- Appendix 3 Conference Declarations
- Ottawa International Strategy Conference, 3–5 October 1996
- Final Declaration of the 4th International NGO Conference on Landmines: Toward a Mine Free Southern Africa
- Tokyo Conference on Anti-Personnel Landmines, March 1997
- Anti-Personnel Mines: What Future for Southern Africa? Regional Seminar for the States of the Southern Africa Development Community
- First Continental Conference of African Experts on Landmines
- Ashgabat Central Asian Regional Conference on a Global Ban on Anti-Personnel Mines June 10–12, 1997
- Brussels International Conference for a Comprehensive Ban on Anti-Personnel Landmines 24–27 June 1997
- Anti-Personnel Mines: What Future for Asia?
- Notes:
- Oslo Diplomatic Conference on an International Total Ban on Anti-Personnel Landmines Oslo, 1–19 September 1997
- Sana’a Regional Seminar on Landmines
- Convention Signing Conference and Mine Action Forum
- Appendix 4 Draft Treaty Texts
- Convention on the Prohibition of Anti-Personnel Mines (1st. Draft by W. Ehrlich, April 1996)
- Art.1 Scope of application
- Art.2 Relations with other international agreements
- Art.3 Prohibitions
- Art.4 Exceptions
- Art.5 Destruction of stocks
- Art.6 Compliance with the Convention
- Art.7 Signature
- Art.8 Ratification, acceptance, approval or accession
- Art.9 Entry into force
- Art.10 Depositary
- Art.11 Authentic texts
- (ICBL Draft) Convention on the Prohibition of the Development, Production, Stockpiling, Transfer and Use of Anti-Personnel Mines and on Their Destruction (Proposal by the International Campaign to Ban Landmines, ICBL) 20 December 1996
- Art.1 Scope of application
- Art.2 Prohibition of anti-personnel mines
- Art.3 Definitions
- Art.4 Destruction of stockpiles
- Art.5 Removal of emplaced anti-personnel mines
- Art.6 Cooperation
- Art.7 Reporting and transparency measures
- Art.8 National implementation measures
- Art.9 Consultation and fact-finding
- Art.10 Compliance
- Art.11 Relations with other international agreements
- Art.12 Signature
- Art.13 Ratification
- Art.14 Entry into force
- Art.15 Consultative meetings, review and amendments
- Art.16 Duration and withdrawal
- Art.17 Reservations
- Art.18 Depositary
- Art.19 Authentic texts
- Annex Fact-finding regarding Use or Transfer of Anti-personnel Mines
- Belgian Draft of a Convention on the Total Prohibition of Anti-Personnel Mines
- Preamble
- Art.1: Scope of Application
- Art.2: Definition
- Art.3: Prohibition of anti-personnel mines
- Art.4: Exception
- Art.5: Destruction of stockpiles
- Art.6: Existing anti-personnel minefields
- Art.7: National implementation measures
- Art.8: Confidence building measures
- Art.9: Entry into Force
- Art.10: Signature
- Art.11: Ratification
- Art.12: Accession
- Art.13: Reservation
- Art.14: Duration and withdrawal
- Art.15: Depositary
- Art.16: Authentic texts
- Convention on the Prohibition of Anti-personnel Mines (First Austrian Draft Text)
- Art.1 Scope of application
- Art.2 Definitions
- Art.3 Prohibitions
- Art.4 Exceptions
- Art.5 Destruction of stocks
- Art.6 Compliance with the Convention
- Art.7 Verification of compliance
- Art.8 Ratification, acceptance, approval or accession
- Art.9 Entry into force
- Art.10 Reservations
- Art.11 Duration and withdrawal
- Art.12 Depositary
- Art.13 Authentic texts
- Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Second Austrian Draft Text)
- Art.1 General Obligations
- Art.2 Definitions
- Art.3 Exceptions
- Art.4 Destruction of stockpiled anti-personnel mines
- Art.5 Destruction of anti-personnel mines laid within minefields
- Art.6 Destruction of anti-personnel mines laid in areas outside minefields
- Art.7 International cooperation and assistance
- Art.8 Transparency measures
- Art.9 Facilitation and clarification of compliance
- Art.10 National implementation measures
- Art.11 Settlement of Disputes
- Art.12 Meetings of the States Parties
- Art.13 Review Conferences
- Art.14 Signature
- Art.15 Ratification, acceptance, approval or accession
- Art.16 Entry into force
- Art.17 Reservations
- Art.18 Duration and withdrawal
- Art.19 Depositary
- Art.20 Authentic texts
- Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Third Austrian Draft Text) Austrian draft 13 May 1997
- Art.1 General obligations
- Art.2 Definitions
- Art.3 Exceptions
- Art.4 Destruction of stockpiled anti-personnel mines
- Art.5 Destruction of anti-personnel mines laid within minefields
- Art.6 Destruction of anti-personnel mines laid in areas outside minefields
- Art.7 International cooperation and assistance
- Art.8 Transparency measures
- Art.9 Facilitation and clarification of compliance
- Art.10 National implementation measures
- Art.11 Settlement of disputes
- Art.12 Meetings of the States Parties
- Art.13 Review Conferences
- Art.14 Signature
- Art.15 Ratification, acceptance, approval or accession
- Art.16 Entry into force
- Art.17 Reservations
- Art.18 Duration and withdrawal
- Art.19 Depositary
- Art.20 Authentic texts
- Convention on the Prohibition of Anti-Personnel Mines (1st. Draft by W. Ehrlich, April 1996)
- Appendix 5 Oslo Diplomatic Conference Documentation
- Proposals Tabled at the Diplomatic Conference on an International Total Ban on Anti-Personnel Land Mines
- APL/CW.01 1 September 1997
- APL/CW.02 1 September 1997
- APL/CW.03 1 September 1997
- APL/CW.04 1 September 1997
- APL/CW.05 1 September 1997
- APL/CW.06 1 September 1997
- APL/CW.07 1 September 1997
- APL/CW.08 1 September 1997
- APL/CW.09 1 September 1997
- APL/CW.09/Rev.1 8 September 1997
- APL/CW.10 1 September 1997
- APL/CW.11 1 September 1997
- APL/CW.12 1 September 1997
- APL/CW.13 1 September 1997
- APL/CW.13/Rev.1 3 September 1997
- APL/CW.14 1 September 1997
- APL/CW.15 1 September 1997
- APL/CW.16 1 September 1997
- APL/CW.17 1 September 1997
- APL/CW.18 2 September 1997
- APL/CW.19 2 September 1997
- APL/CW.20 2 September 1997
- APL/CW.21 2 September 1997
- APL/CW.22 2 September 1997
- APL/CW.23 2 September 1997
- APL/CW.24 2 September 1997
- APL/CW.25 2 September 1997
- APL/CW.26 2 September 1997
- APL/CW.27 2 September 1997
- APL/CW.28 2 September 1997
- APL/CW.29 2 September 1997
- APL/CW.30 2 September 1997
- APL/CW.30/Rev.1 3 September 1997
- APL/CW.31 2 September 1997
- APL/CW.32 2 September 1997
- APL/CW.33 2 September 1997
- APL/CW.34 2 September 1997
- APL/CW.35 2 September 1997
- APL/CW.36 2 September 1997
- APL/CW.37 2 September 1997
- APL/CW.38 2 September 1997
- APL/CW.39 2 September 1997
- APL/CW.40 2 September 1997
- APL/CW.41 2 September 1997
- APL/CW.42 2 September 1997
- APL/CW.42/Rev.1 9 September 1997
- APL/CW.43 2 September 1997
- APL/CW.44 2 September 1997
- APL/CW.45 3 September 1997
- APL/CW.46 3 September 1997
- APL/CW.47 2 September 1997
- APL/CW.47/Rev.1 3 September 1997
- APL/CW.47/Rev.2 9 September 1997
- APL/CW.48 3 September 1997
- APL/CW.49 3 September 1997
- APL/CW.50 3 September 1997
- APL/CW.51 10 September 1997
- APL/CW.51/Corr.1 10 September 1997
- Proposals Tabled at the Diplomatic Conference on an International Total Ban on Anti-Personnel Land Mines
- Appendix 6 Meetings of the States Parties Documentation
- First Meeting of States Parties (Maputo, 3–7 May 1999)
- Second Meeting of States Parties (Geneva, 11–15 September 2000)
- Final Report
- Part I Organization and Work of the Second Meeting
- Part II Declaration of the Second Meeting of the States Parties
- Final Report
- Third Meeting of States Parties (Managua, 11–15 September 2001)
- Fourth Meeting of States Parties (Geneva, 16–20 September 2002)
- Final Report
- Part I Organization and Work of the Fourth Meeting
- Part II Declaration of the Fourth Meeting of the States Parties
- Final Report
- Appendix 7 Model for an Article 7 Report
- Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction
- Reporting Formats for Article 7
- Form A National implementation measures
- Form B Stockpiled anti-personnel mines
- Form C Location of mined areas
- Form D APMs retained or transferred
- Form E Status of programs for conversion or de-commissioning of APM production facilities
- Form F Status of programs for destruction of APMs
- Form G APMs destroyed after entry into force
- Form H Technical characteristics of each type produced/owned or possessed
- Form I Measures to provide warning to the population
- Form J Other relevant matters
- Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction
- Appendix 8 List of States Parties and Signatories to the Convention
- Appendix 9 Declarations to the Convention
- Appendix 10 Anti-Personnel Mine Ban Convention
- Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction
- Preamble
- Art.1 General obligations
- Art.2 Definitions
- Art.3 Exceptions
- Art.4 Destruction of stockpiled anti-personnel mines
- Art.5 Destruction of anti-personnel mines in mined areas
- Art.6 International cooperation and assistance
- Art.7 Transparency measures
- Art.8 Facilitation and clarification of compliance
- Art.9 National implementation measures
- Art.10 Settlement of disputes
- Art.11 Meetings of the States Parties
- Art.12 Review Conferences
- Art.13 Amendments
- Art.14 Costs
- Art.15 Signature
- Art.16 Ratification, acceptance, approval or accession
- Art.17 Entry into force
- Art.18 Provisional application
- Art.19 Reservations
- Art.20 Duration and withdrawal
- Art.21 Depositary
- Art.22 Authentic texts
- Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction
- Appendix 11 Final Report of the First Review Conference of the States Parties to the Anti-Personnel Mine Ban Convention
- First Review Conference of the States Parties to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Nairobi, 29 November–3 December 2004)
- Final Report
- Part I Organization and Work of the First Review Conference
- Part II Review of the Operation and Status of the Convention On the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and On Their Destruction: 1999–2004
- Introduction
- 1
- 2
- I Universalizing the Convention
- II Destroying stockpiled anti-personnel mines
- III Clearing mined areas
- IV Assisting landmine victims
- V Other matters essential for achieving the Convention’s aims
- Introduction
- Annex I Ratification/Accession and Entry into Force Dates
- Annex II States that have not Ratified or Acceded to the Convention
- Annex III Deadlines for States Parties to Destroy or Ensure the Destruction of Anti-personnel Mines in Mined areas Under their Jurisdiction or Control in Accordance with Article 5
- Annex IV Summary of Information Provided by the States Parties on the Fulfilment of Article 5 Obligations
- Annex V Annual landmine casualty rates
- Annex VI Problems Faced by States Parties in which there are Significant Number of Landmine Victims, and their Plans to Address these Problems, Progress and Priorities for Assistance
- Annex VII Reports Submitted in Accordance with Article 7
- Annex VIII Anti-personnel Mines Reported Retained by the States Parties for Reasons Permitted Under Article 3 of the Convention
- Annex IX Co-Chairs and Co-Rapporteurs of the Standing Committees : 1999–2004
- Part III Ending The Suffering Caused by Anti-Personnel Mines: Nairobi Action Plan 2005–2009
- Part IV Towards a Mine-Free World: The 2004 Nairobi Declaration
- 1
- We celebrate the tremendous advances made towards our common goal of forever ending the suffering caused by anti-personnel mines:
- While great progress has been made, we are prepared to address the remaining challenges:
- We renew our unwavering commitment to achieving the goal of a world free of antipersonnel mines, in which there will be zero new victims:
- Part V Programme of meetings and related matters to facilitate implementation, 2005–2009
- Appendix I Agenda of the First Review Conference
- Appendix II Report on the Functioning of the Implementation Support Unit September 2003–November 2004
- Appendix III List of documents of the First Review Conference
- Final Report
- First Review Conference of the States Parties to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Nairobi, 29 November–3 December 2004)
- Index
