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Law-ref.org | Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction |
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Wishing to do their utmost in providing assistance for the care and
rehabilitation,
including the social and economic reintegration of mine victims,
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Emphasizing the desirability of attracting the adherence of all States
to this Convention,
and determined to work strenuously towards the promotion of its
universalization
in
all relevant fora including, inter alia, the United Nations, the
Conference
on Disarmament,
regional organizations, and groupings, and review conferences of the
Convention
on
Prohibitions or Restrictions on the Use of Certain Conventional Weapons
Which May
Be Deemed to Be Excessively Injurious or to Have Indiscriminate
Effects,
Basing themselves on the principle of international humanitarian law
that
the right of the
parties to an armed conflict to choose methods or means of warfare is
not
unlimited,
on the principle that prohibits the employment in armed conflicts of
weapons,
projectiles
and materials and methods of warfare of a nature to cause superfluous
injury
or
unnecessary suffering and on the principle that a distinction must be
made
between
civilians and combatants,
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ARTICLE-5: Destruction of anti-personnel mines in mined areas [go to this ARTICLE]
ARTICLE-7: Transparency measures [go to this ARTICLE]
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b) The total of all stockpiled anti-personnel mines owned or possessed
by it,
or under its jurisdiction or control, to include a breakdown of the
type,
quantity
and, if possible, lot numbers of each type of anti-personnel mine
stockpiled;
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c) To the extent possible, the location of all mined areas that
contain,
or are
suspected to contain, anti-personnel mines under its jurisdiction or
control,
to
include as much detail as possible regarding the type and quantity of
each
type
of anti-personnel mine in each mined area and when they were emplaced;
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f) The status of programs for the destruction of anti-personnel mines
in accordance with Articles 4 and 5, including details of the methods
which
will
be used in destruction, the location of all destruction sites and the
applicable
safety and environmental standards to be observed;
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g) The types and quantities of all anti-personnel mines destroyed after
the
entry into force of this Convention for that State Party, to include a
breakdown
of the quantity of each type of anti-personnel mine destroyed, in
accordance
with
Articles 4 and 5 , respectively, along with, if possible, the lot
numbers
of each type
of anti-personnel mine in the case of destruction in accordance with
Article
4;
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h) The technical characteristics of each type of anti-personnel mine
produced,
to the extent known, and those currently owned or possessed by a State
Party,
giving, where reasonably possible, such categories of information as
may
facilitate
identification and clearance of anti-personnel mines; at a minimum,
this
information
shall include the dimensions, fusing, explosive content, metallic
content,
colour
photographs and other information which may facilitate mine clearance;
and
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ARTICLE-8: Facilitation and clarification of compliance [go to this ARTICLE]
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7. All States Parties shall cooperate fully with the Meeting of the
States
Parties
or the Special Meeting of the States Parties in the fulfilment of
its review of the
matter, including any fact-finding missions that are authorized
in
accordance
with paragraph8.
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9. The Secretary-General of the United Nations shall prepare and update
a list
of the names, nationalities and other relevant data of qualified
experts provided
by States Parties and communicate it to all States Parties. Any expert
included
on this list sh all be regarded as designated for all fact-finding
missions
unless a
State Party declares its non-acceptance in writing. In the event of
non-acceptance,
the expert shall not participate in fact-finding missions on the
territory or any other
place under the jurisdiction or control of the objecting State Party,
if
the
non-acceptance was declared prior to the appointment of the expert to
such
missions.
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10. Upon receiving a request from the Meeting of the States Parties or
a Special
Meeting of the States Parties, the Secretary-General of the United
Nations
shall,
after consultations with the requested State Party, appoint the members
of the
mission, including its leader. Nationals of States Parties requesting
the
fact-finding
mission or directly affected by it shall not be appointed to the
mission.
The
members of the fact-finding mission shall enjoy privileges and
immunities
under
Article VI of the Convent ion on the Privileges and Immunities of the
United
Nations, adopted on 13 February1946.
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18. The Meeting of the States Parties or the Special Meeting of the
States
Parties shall
consider all relevant information, including the report submitted by
the
fact-finding mission,
and may request the requested State Party to take measures to address
the
compliance
issue within a specified period of time. The requested State Party
shall
report on all
measures taken in response to this request.
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19. The Meeting of the States Parties or the Special Meeting of the
States
Parties may
suggest to the States Parties concerned ways and means to further
clarify
or resolve the
matter under consideration, including the initiation of appropriate
procedures
in conformity
with international law. In circumstances where the issue at hand is
determined
to be due
to circumstances beyond the control of the requested State Party, the
Meeting
of the States
Parties or the Special Meeting of the States Parties may recommend
appropriate
measures,
including the use of cooperative measures referred to in Article6.
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19. The Meeting of the States Parties or the Special Meeting of the
States
Parties may
suggest to the States Parties concerned ways and means to further
clarify
or resolve the
matter under consideration, including the initiation of appropriate
procedures
in conformity
with international law. In circumstances where the issue at hand is
determined
to be due
to circumstances beyond the control of the requested State Party, the
Meeting
of the States
Parties or the Special Meeting of the States Parties may recommend
appropriate
measures,
including the use of cooperative measures referred to in Article6.
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ARTICLE-9: National implementation measures [go to this ARTICLE]
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Each State Party shall take all appropriate legal, administrative and
other
measures, including the imposition of penal sanctions, to prevent and
suppress
any
activity prohibited to a State Party under this Convention undertaken
by
persons or
on territory under its jurisdiction or control.
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ARTICLE-10: Settlement of disputes [go to this ARTICLE]
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2. The Meeting of the States Parties may contribute to the settlement
of
the dispute
by whatever means it deems appropriate, including offering its good
offices,
calling
upon the States parties to a dispute to start the settlement procedure
of their choice
and recommending a time-limit for any agreed procedure.
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ARTICLE-11: Meetings of the States Parties [go to this ARTICLE]
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1. The States Parties shall meet regularly in order to consider any
matter
with
regard to the application or implementation of this Convention,
including:
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ARTICLE-20: Duration and withdrawal [go to this ARTICLE]
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2. Each State Party shall, in exercising its national
sovereignty,
have
the right to withdraw from this Convention. It shall give notice of
such
withdrawal to all other States Parties, to the Depositary and to the
United
Nations Security Council. Such inst rument of withdrawal shall include
a full explanation of the reasons motivating this withdrawal.
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