identifier: CCW Protocol (II) prohibiting Mines, Booby-Traps and Other Devices, 1980

title: Protocol (II) on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices. Geneva, 10 October 1980.

country: Mongolia

country: United Kingdom of Great Britain and Northern Ireland

country: Switzerland

country: Belarus

country: Denmark

country: New Zealand

country: Uzbekistan

country: Honduras

country: Burkina Faso

country: Bulgaria

country: Serbia

country: Albania

country: Niger

country: Colombia

country: Pakistan

country: Iceland

country: Ireland

country: Belgium

country: Israel

country: Madagascar

country: Finland

country: El Salvador

country: Uruguay

country: Seychelles

country: Paraguay

country: Holy See

country: Poland

country: France

country: Italy

reservation: Declaration made upon ratification: 1. With regard to article 2, paragraph 4, of Protocol II : It is the understanding of the Government of the Kingdom of the Netherlands that a specific area of land may also be a military objective if, because of its location or other reasons specified in paragraph 4, its total or partial destruction, capture, or neutralization in the circumstances ruling at the time, offers a definitive military advantage; 2. With regard to article 3, paragraph 3, under c, of Protocol II : It is the understanding of the Government of the Kingdom of the Netherlands that military advantage refers to the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of the attack; 3. With regard to article 8, paragraph 1, of Protocol II : It is the understanding of the Government of the Kingdom of the Netherlands that the words "as far as it is able" mean "as far as it is technically able"; 4. With regard to article 1, paragraph 3, of Protocol III : It is the understanding of the Government of the Kingdom of the Netherlands that a specific area of land may also be a military objective if, because of its location or other reasons specified in paragraph 3, its total or partial destruction, capture, or neutralization in the circumstances ruling at the time, offers a definitive military advantage. SOURCE : Multilateral treaties deposited with the Secretary-General, New York, 1992, p.855.

text: This Protocol relates to the use on land of the mines, booby-traps and other devices defined herein, including mines laid to interdict beaches, waterway crossings or river crossings, but does not apply to the use of anti-ship mines at sea or in inland waterways.

text: Article 1 - Material scope of application

text: For the purpose of this Protocol:

text: 1. "Mine" means any munition placed under, on or near the ground or other surface area and designed to be detonated or exploded by the presence, proximity or contact of a person or vehicle, and "remotely delivered mine" means any mine so defined delivered by artillery, rocket, mortar or similar means or dropped from an aircraft.

text: 2. "Booby-trap" means any device or material which is designed, constructed or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act.

text: 3. "Other devices" means manually-emplaced munitions and devices designed to kill, injure or damage and which are actuated by remote control or automatically after a lapse of time.

text: 4. "Military objective" means, so far as objects are concerned, any object which by its nature, location, purpose or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.

text: 5. "Civilian objects" are all objects which are not military objectives as defined in paragraph 4.

text: 6. "Recording" means a physical, administrative and technical operation designed to obtain, for the purpose of registration in the official records, all available information facilitating the location of minefields, mines and booby-traps.

text: Article 2 - Definitions

text: 1. This Article applies to: (a) mines (b) booby-traps; and (c) other devices.

text: 2. It is prohibited in all circumstances to direct weapons to which this Article applies, either in offence, defence or by way of reprisals, against the civilian population as such or against individual civilians.

text: 3. The indiscriminate use of weapons to which this Article applies is prohibited. Indiscriminate use is any placement of such weapons: (a) which is not on, or directed against, a military objective; or (b) which employs a method or means of delivery which cannot be directed at a specific military objective; or (c) which may be expected to cause incidental loss 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.

text: 4. All feasible precautions shall be taken to protect civilians from the effects of weapons to which this Article applies. Feasible precautions are those precautions which are practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations.

text: Article 3 - General restrictions on the use of mines, booby-traps and other devices

text: 1. This Article applies to: (a) mines other than remotely delivered mines; (b) booby-traps; and (c) other devices.

text: 2. It is prohibited to use weapons to which this Article applies in any city, town, village or other area containing a similar concentration of civilians in which combat between ground forces is not taking place or does not appear to be imminent, unless either: (a) they are placed on or in the close vicinity of a military objective belonging to or under the control of an adverse party; or (b) measures are taken to protect civilians from their effects, for example, the posting of warning signs, the posting of sentries, the issue of warnings or the provision of fences.

text: Article 4 - Restrictions on the use of mines other than remotely delivered mines, booby-traps and other devices in populated areas

text: 1. The use of remotely delivered mines is prohibited unless such mines are only used within an area which is itself a military objective or which contains military objectives, and unless: (a) their location can be accurately recorded in accordance with Article 7 (1)(a) ; or (b) an effective neutralizing mechanism is used on each such mine, that is to say, a self-actuating mechanism which is designed to render a mine harmless or cause it to destroy itself when it is anticipated that the mine will no longer serve the military purpose for which it was placed in position, or a remotely-controlled mechanism which is designed to render harmless or destroy a mine when the mine no longer serves the military purpose for which it was placed in position.

text: 2. Effective advance warning shall be given of any delivery or dropping of remotely delivered mines which may affect the civilian population, unless circumstances do not permit.

text: Article 5 - Restrictions on the use of remotely delivered mines

text: 1. Without prejudice to the rules of international law applicable in armed conflict relating to treachery and perfidy, it is prohibited in all circumstances to use: (a) any booby-trap in the form of an apparently harmless portable object which is specifically designed and constructed to contain explosive material and to detonate when it is disturbed or approached, or (b) booby-traps which are in any way attached to or associated with:

text: (i) internationally recognized protective emblems, signs or signals;

text: (ii) sick, wounded or dead persons;

text: (iii) burial or cremation sites or graves;

text: (iv) medical facilities, medical equipment, medical supplies or medical transportation;

text: (v) children's toys or other portable objects or products specially designed for the feeding, health, hygiene, clothing or education of children;

text: (vi) food or drink;

text: (vii) kitchen utensils or appliances except in military establishments, military locations or military supply depots;

text: (viii) objects clearly of a religious nature;

text: (ix) historic monuments, works of art or places or worship which constitute the cultural or spiritual heritage of peoples;

text: (x) animals or their carcasses.

text: 2. It is prohibited in all circumstances to use any booby-trap which is designed to cause superfluous injury or unnecessary suffering.

text: Article 6 - Prohibition on the use of certain booby-traps

text: 1. The parties to a conflict shall record the location of: (a) all pre-planned minefields laid by them; and (b) all areas in which they have made large-scale and pre-planned use of booby-traps.

text: 2. The parties shall endeavour to ensure the recording of the location of all other minefields, mines and booby-traps which they have laid or placed in position.

text: 3. All such records shall be retained by the parties who shall:

text: (a) immediately after the cessation of active hostilities:

text: (i) take all necessary and appropriate measures, including the use of such records, to protect civilians from the effects of minefields, mines and booby-traps; and either

text: (ii) in cases where the forces of neither party are in the territory of the adverse party, make available to each other and to the Secretary-General of the United Nations all information in their possession concerning the location of minefields, mines and booby-traps in the territory of the adverse party; or

text: (iii) once complete withdrawal of the forces of the parties from the territory of the adverse party has taken place, make available to the adverse party and to the Secretary-General of the United Nations all information in their possession concerning the location of minefields, mines and booby traps in the territory of the adverse party;

text: (b) when a United Nations force or mission performs functions in any area, make available to the authority mentioned in Article 8 such information as is required by that Article;

text: (c) whenever possible, by mutual agreement, provide for the release of information concerning the location of minefields, mines and booby traps, particularly in agreements governing the cessation of hostilities.

text: Article 7 - Recording and publication of the location of minefields, mines and booby-traps

text: 1. When a United Nations force or mission performs functions of peacekeeping, observation or similar functions in any area, each party to the conflict shall, if requested by the head of the United Nations force or mission in that area, as far as it is able: (a) remove or render harmless all mines or booby traps in that area; (b) take such measures as may be necessary to protect the force or mission from the effects of minefields, mines and booby traps while carrying out its duties; and (c) make available to the head of the United Nations force or mission in that area, all information in the party's possession concerning the location of minefields, mines and booby traps in that area.

text: 2. When a United Nations fact-finding mission performs functions in any area, any party to the conflict concerned shall provide protection to that mission except where, because of the size of such mission, it cannot adequately provide such protection. In that case it shall make available to the head of the mission the information in its possession concerning the location of minefields, mines and booby-traps in that area.

text: Article 8 - Protection of United Nations forces and missions from the effects of minefields, mines and booby-traps

text: After the cessation of active hostilities, the parties shall endeavour to reach agreement, both among themselves and, where appropriate, with other States and with international organizations, on the provision of information and technical and material assistance -- including, in appropriate circumstances, joint operations -- necessary to remove or otherwise render ineffective minefields, mines and booby-traps placed in position during the conflict.

text: Article 9 - International co-operation in the removal of minefields, mines and booby-traps

text: Technical annex to the protocol on prohibitions or restrictions on the use of mines, booby-traps and other devices (Protocol II)

text: Guidelines on recording

text: Whenever an obligation for the recording of the location of minefields, mines and booby traps arises under the Protocol, the following guidelines shall be taken into account.

text: 1. With regard to pre-planned minefields and large-scale and pre-planned use of booby traps:

text: (a) maps, diagrams or other records should be made in such a way as to indicate the extent of the minefield or booby-trapped area; and

text: (b) the location of the minefield or booby-trapped area should be specified by relation to the co-ordinates of a single reference point and by the estimated dimensions of the area containing mines and booby traps in relation to that single reference point.

text: 2. With regard to other minefields, mines and booby traps laid or placed in position: In so far as possible, the relevant information specified in paragraph I above should be recorded so as to enable the areas containing minefields, mines and booby traps to be identified.

text: Technical annex

summary: The need of additional conventions prohibiting or limiting the use of certain methods and means of warfare was emphasized in the resolutions of the International Red Cross Conference of 1965 and of the International Conference on Human Rights of 1968 as well as in Resolution 2444 (XXIII) of the United Nations General Assembly of 1968. At the conferences of government experts convened by the International Committee of the Red Cross in 1971 and 1972 to prepare the protocols additional to the Geneva Conventions and at the Diplomatic Conference of 1974-1977 the opinion prevailed that an agreement on conventional weapons should be attempted, leaving aside weapons of mass destruction. Encouraged by the Diplomatic Conference, the ICRC convened two conferences of government experts on the use of certain conventional weapons which met at Lucerne in 1974 and at Lugano in 1976. The Diplomatic Conference, on 9 June 1977, adopted Resolution 22 (IV) which recommended that a conference of governments be convened not later that 1979 with a view to reaching agreements on prohibitions or restrictions of the use of specific conventional weapons. The U.N. General Assembly endorsed this recommendation and the Conference took place in Geneva from 10 to 28 September 1979 and from 15 September to 10 October 1980. The Convention and the three Protocols annexed to it were adopted by consensus on 10 October 1980 and opened for signature on 10 April 1981. The first Review Conference of States Parties to this Convention convened in Vienna from 25.9.1995 to 13.10.1995 and held subsequent sessions in Geneva from 15-19.1.1996 and 22.4.1996 to 3.5.1996. The review Conference adopted on 13.10.1995 a new Protocol IV prohibiting the use and transfer of blinding laser weapons and on 3 May 1996 adopted an amended version of Protocol II on mines, booby traps and other devices. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.185-189.


doctype: protocol

identifier: CCW Protocol (III) prohibiting Incendiary Weapons, 1980

depositary: United Nations

languages: English Arabic Chinese Spanish French Russian

title: Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III). Geneva, 10 October 1980.

action: accession

country: Austria

action: signature

country: Norway

country: Jamaica

country: India

country: South Africa

country: Portugal

country: Slovenia

country: Croatia

action: succession

country: Venezuela

country: Zambia

country: Qatar

country: Canada

action: declaration

reservation: "1. It is the understanding of the Government of Canada that: (a) The compliance of commanders and others responsible for planning, deciding upon, or executing attacks to which the Convention and its Protocols apply cannot be judged on the basis of information which subsequently comes to light but must be assessed on the basis of the information available to them at the time that such actions were taken; and (b) Where terms are not defined in the present Convention and its Protocols they shall, so far as is relevant, be construed in the same sens as terms contained in additional Protocol I to the Geneva Conventions of August 12, 1949. 2. With respect to Protocol I, it is the understanding of the Government of Canada that the use of plastics or similar materials for detonators or other weapons parts not designed to cause injury is not prohibited. 3. With respect to Protocol II, it is the understanding of the Government of Canada that: (a) Any obligation to record the location of remotely delivered mines pursuant to sub-paragraph 1 (a) of article 5 refers to the location of mine fields and not to the location of individual remotely delivered mines; (b) The term "pre-planned", as used in sub-paragraph 1 (a) of article 7 means that the position of the minefield in question should have been determined in advance so that an accurate record of the location of the minefield, when laid, can be made; (c) The phrase "similar functions" used in article 8, includes the concepts of "peace-making", preventive peace-keeping and peace enforcement" as defined in an agenda for peace (United Nations document A/47/277 S/2411 of 17 June 1992). 4. With respect to Protocol III, it is the understanding of the Government of Canada that the expression "clearly separated" in paragraph 3 of article 2 includes both spatial separation or separation by means of an effective physical barrier between the military objective and the concentration of civilians." SOURCE: Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1994, United Nations, New York, pp. 912 and 913.

country: Ukraine

country: Sri Lanka

country: Republic of Moldova

country: Cyprus

country: China

reservation: Statement made upon signature : 1. The Government of the People's Republic of China has decided to sign 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 adopted at the United Nations Conference held in Geneva on 10 October 1980. 2. The Government of the People's Republic of China deems that the basic spirit of the Convention reflects the reasonable demand and good intention of numerous countries and peoples of the world regarding prohibitions or restrictions on the use of certain conventional weapons which are excessively injurious or have indiscriminate effects. This basic spirit conforms to China's consistent position and serves the interest of opposing aggression and maintaining peace. 3. However, it should be pointed out that the Convention fails to provide for supervision or verification of any violation of its clauses, thus weakening its binding force. The Protocol on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices fails to lay down strict restriction on the use of such weapons by the aggressor on the territory of his victim and to provide adequately for the right of a state victim of an aggression to defend itself by all necessary means. The Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons does not stipulate restrictions on the use of such weapons against combat personnel. Furthermore, the Chinese texts of the Convention and Protocol are not accurate or satisfactory enough. It is the hope of the Chinese Government that these inadequacies can be remedied in due course. SOURCE : Multilateral treaties deposited with the Secretary-General, New York, 1992, p.854.

country: Guinea-Bissau

country: Greece

country: Serbia

country: Australia

country: Peru

country: Argentina

reservation: The Argentine Republic makes the express reservation that any references to the 1977 Protocols Additional to the Geneva Conventions of 1949 that are contained in the [said Convention and its Protocols I, II and III] shall be interpreted in the light of the interpretative declarations in the instrument of accession of the Argentine Republic to the aforementioned additional Protocols of 1977. SOURCE: United Nations, C.N.359.TREATIES-5

country: Japan

country: Antigua and Barbuda

country: United States of America

reservation: Reservation (Original: English): “The United States of America, with reference to Article 2, paragraphs 2 and 3, reserves the right to use incendiary weapons against military objectives located in concentrations of civilians where it is judged that such use would cause fewer casualties and/or less collateral damage than alternative weapons, but in so doing will take all feasible precautions with a view to limiting the incendiary effects to the military objective and to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects.” Understanding (Original: English): “It is the understanding of the United States of America that any decision by any military commander, military personnel, or any other person responsible for planning, authorizing or executing military action shall only be judged on the basis of that person’s assessment of the information reasonably available to the person at the time the person planned, authorized, or executed the action under review, and shall not be judged on the basis of information that comes to light after the action under review was taken.”

country: Lithuania

country: Philippines

reservation: Declaration made upon signature : The Government of the United Kingdom of Great Britain and Northern Ireland will give further consideration to certain provisions of the Convention, particularly in relation to the provisions of Protocol I additional to the Geneva Conventions of 12 August 1949, and may wish to make formal declarations in relation to these provisions at the time of ratification. SOURCE : Multilateral treaties deposited with the Secretary-General, New York, 1992, p.856. Upon ratification: (a) Generally (i) The term "armed conflict" of itself and in its context denotes a situation of a kind which is not constituted by the Commission of ordinary crimes, including acts of terrorism, whether concerted or in isolation. (ii) The United Kingdom will not, in relation to any situation in which it is involved, consider itself bound in consequence of any declaration purporting to be made for the purposes of article 7 (4), unless the United Kingdom shall have expressly recognised that it has been made by a body which is genuinely and authority representing a people engaged in an armed conflict of the type to which that paragraph applies. (iii) The terms "civilian" and "civilian population" have the same meaning as in article 50 of the 1st Additional Protocol of 1977 to the 1949 Geneva Conventions. Civilians shall enjoy the protection afforded by this Convention unless and for such time as they take a direct part in hostilities. (iv) Military commanders and others responsible for planning, deciding upon, or executing attacks necessarily have to reach decisions on the basis of their assessment of the information from all sources which is reasonably available to them at the relevant time. (b) Re: Protocol II, article 2; and Protocol III, article 1 A specific area of land may be a military objective if, because of its location or other reasons specified in this article, its total or partial destruction, capture or neutralisation in the circumstances ruling at the time offers a definite military advantage. (c) Re: Protocol II, article 3 In the view of the United Kingdom, the military advantage anticipated from an attack is intended to refer to the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of the attack. (d) Re: Protocol III, article 2 The United Kingdom accepts the provisions of article 2 (2) and (3) on the understanding that the terms of those paragraphs of that article do not imply that the air-delivery of incendiary weapons, or of any other weapons, projectiles or munitions, is less accurate or less capable of being carried out discriminately than all or any other means of delivery. SOURCE: United Nations, C.N.48.1995.TREATIES-1 (Depositary Notification)

reservation: Reservation made upon signature : 1. ... 2. Romania considers that the Convention and the three Protocols annexed thereto constitute a positive step within the framework of the efforts which have been made for the gradual development of international humanitarian law applicable during armed conflicts and which aim at providing very broad and reliable protection for the civilian population and the combatants. 3. At the same time, Romania would like to emphasize that the provisions of the Convention and its Protocols have a restricted character and do not ensure adequate protection either to the civilian population or to the combatants as the fundamental principles of international humanitarian law require. 4. The Romanian Government wishes to state on this occasion also that real and effective protection for each individual and for peoples and assurance of their right to a free and independent life necessarily presuppose the elimination of all acts of aggression and the renunciation once and for all of the use of force and the threat of the use of force, of intervention in the domestic affairs of other States and of the policy of domination and diktat and strict observation of the sovereignty and independence of peoples and their legitimate right to self-determination. In the present circumstances, when a vast quantity of nuclear weapons has been accumulated in the world, the protection of each individual and of all peoples is closely linked with the struggle for peace and disarmament and with the adoption of authentic measures to halt the arms race and ensure the gradual reduction of nuclear weapons until they are totally eliminated. 5. The Romanian Government states once again its decision to act, together with other States, to ensure the prohibition or restriction of all conventional weapons which are excessively injurious or have indiscriminate effects, and the adoption of urgent and effective measures for nuclear disarmament which would protect peoples from the nuclear war which seriously threatens their right to life - a fundamental condition for the protection which international humanitarian law must ensure for the individual, the civilian population and the combatants. SOURCE : Multilateral treaties deposited with the Secretary-General, New York, 1992, pp.855-856.

reservation: 18 July 2002 Interpretative declarations [made upon consent to be bound by Protocol III]: The French Republic accepts the provisions of article 2, paragraphs 2 and 3, insofar as the terms used in these paragraphs do not lead to the assumption that an attack using incendiary weapons launched from an aircraft would involve any greater risk of indiscriminate hits than one launched by any other means. It is the understanding of the French Republic that the term "clearly separated"used in article 2, paragraph 3, can be interpreted as meaning either a separation in terms of space or a separation by means of a physical barrier between the military target and the concentration of civilians.

reservation: Declaration of territorial application made on 28.04.2014: Netherlands: territorial application to the Caribbean part of the Netherlands (the Islands of Bonaire, Sint Eustatius and Saba)

reservation: Declaration made upon signature : On 10 October 1980 in Geneva, the representative of Italy at the Conference speaking at the closing meeting, emphasized that the Conference, in an effort to reach a compromise between what was desirable and what was possible, had probably achieved the maximum results feasible in the circumstances prevailing at that time. However, he observed in his statement that one of the objectives which had not been achieved at the Conference, to his Government's great regret, was the inclusion in the text of the Convention, in accordance with a proposal originated by the Federal Republic of Germany, of an article on the establishment of a consultative committee of experts competent to verify facts which might be alleged and which might constitute violations of the undertakings subscribed to. On the same occasion, the representative of Italy expressed the wish that proposal, which was aimed at strengthening the credibility and effectiveness of the Convention, should be reconsidered at the earliest opportunity within the framework of the mechanisms for the amendment of the Convention expressly provided for in that instrument. Subsequently, through the representative of the Netherlands, speaking on behalf of nine States members of the European Community in the First Committee of the United Nations General Assembly on 20 November 1980, when it adopted draft resolution A/C.1/31/L.15 (subsequently adopted as General Assembly Resolution 35/153), Italy once again expressed regret that the States which had participated in the preparation of the texts of the Convention and its Protocols had been unable to reach agreement on provisions that would ensure respect for the obligations deriving from those texts. In the same spirit, Italy - which has just signed the Convention in accordance with the wishes expressed by the General Assembly in its resolution 35/153 - wishes to confirm solemnly that it intends to undertake active efforts to ensure that the problem of the establishment of a mechanism that would make it possible to fill a gap in the Convention and thus ensure that it achieves maximum effectiveness and maximum credibility vis-à-vis the international community is taken up again at the earliest opportunity in every competent forum. SOURCE : Multilateral treaties deposited with the Secretary-General, New York, 1992, p.855.

reservation: Declaration: "The Holy See, as a signatory of the [said Convention and annexed Protocols], in keeping with its proper nature and with the particular condition of Vatican City State, intends to renew its encouragement to the International Community to continue on the path it has taken for the reduction of human suffering caused by armed conflict. Every step in this direction contributes to increasing awareness that war and the cruelty of war must be done away with in order to resolve tensions by dialogue and negotiation, and also by ensuring that international law is respected. The Holy See, while maintaining that the above-mentioned Convention and Protocols constitute an important instrument for humanitarian international law, reiterates the objective hoped for by many parties: an agreement that would totally ban anti-personnel mines, the effects of which are tragically well-known. In this regard, the Holy See considers that the modifications made so far in the second Protocol are insufficient and inadequate. It wishes, by means of its own accession to the Convention, to offer support to every effort aimed at effectively banning anti-personnel mines, in the conviction that all possible means must be used in order to build a safer and more fraternal world

text: For the purpose of this Protocol:

text: 1. "Incendiary weapon" means any weapon or munition which is primarily designed to set fire to objects or to cause burn injury to persons through the action of flame, heat, or combination thereof, produced by a chemical reaction of a substance delivered on the target. (a) Incendiary weapons can take the form of, for example, flame throwers, fougasses, shells, rockets, grenades, mines, bombs and other containers of incendiary substances. (b) Incendiary weapons do not include:

text: (i) Munitions which may have incidental incendiary effects, such as illuminants, tracers, smoke or signalling systems;

text: (ii) Munitions designed to combine penetration, blast or fragmentation effects with an additional incendiary effect, such as armour-piercing projectiles, fragmentation shells, explosive bombs and similar combined-effects munitions in which the incendiary effect is not specifically designed to cause burn injury to persons, but to be used against military objectives, such as armoured vehicles, aircraft and installations or facilities.

text: 2. "Concentration of civilians" means any concentration of civilians, be it permanent or temporary, such as in inhabited parts of cities, or inhabited towns or villages, or as in camps or columns of refugees or evacuees, or groups of nomads.

text: 3. "Military objective" means, so far as objects are concerned, any object which by its nature, location, purpose or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.

text: 4. "Civilian objects" are all objects which are not military objectives as defined in paragraph 3.

text: 5. "Feasible precautions" are those precautions which are practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations.

text: Article 1 - Definitions

text: 1. It is prohibited in all circumstances to make the civilian population as such, individual civilians or civilian objects the object of attack by incendiary weapons.

text: 2. It is prohibited in all circumstances to make any military objective located within a concentration of civilians the object of attack by air-delivered incendiary weapons.

text: 3. It is further prohibited to make any military objective located within a concentration of civilians the object of attack by means of incendiary weapons other than air-delivered incendiary weapons, except when such military objective is clearly separated from the concentration of civilians and all feasible precautions are taken with a view to limiting the incendiary effects to the military objective and to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects.

text: 4. It is prohibited to make forests or other kinds of plant cover the object of attack by incendiary weapons except when such natural elements are used to cover, conceal or camouflage combatants or other military objectives, or are themselves military objectives.

text: Article 2 - Protection of civilians and civilian objects

summary: The need of additional conventions prohibiting or limiting the use of certain methods and means of warfare was emphasized in the resolutions of the International Red Cross Conference of 1965 and of the International Conference on Human Rights of 1968 as well as in Resolution 2444 (XXIII) of the United Nations General Assembly of 1968. At the conferences of government experts convened by the International Committee of the Red Cross in 1971 and 1972 to prepare the protocols additional to the Geneva Conventions and at the Diplomatic Conference of 1974-1977 the opinion prevailed that an agreement on conventional weapons should be attempted, leaving aside weapons of mass destruction. Encouraged by the Diplomatic Conference, the ICRC convened two conferences of government experts on the use of certain conventional weapons which met at Lucerne in 1974 and at Lugano in 1976. The Diplomatic Conference, on 9 June 1977, adopted Resolution 22 (IV) which recommended that a conference of governments be convened not later that 1979 with a view to reaching agreements on prohibitions or restrictions of the use of specific conventional weapons. The U.N. General Assembly endorsed this recommendation and the Conference took place in Geneva from 10 to 28 September 1979 and from 15 September to 10 October 1980. The Convention and the three Protocols annexed to it were adopted by consensus on 10 October 1980 and opened for signature on 10 April 1981. The first Review Conference of States Parties to this Convention convened in Vienna from 25.9.1995 to 13.10.1995 and held subsequent sessions in Geneva from 15-19.1.1996 and 22.4.1996 to 3.5.1996. The review Conference adopted on 13.10.1995 a new Protocol IV prohibiting the use and transfer of blinding laser weapons and on 3 May 1996 adopted an amended version of Protocol II on mines, booby traps and other devices. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.190-191.


doctype: treaty

identifier: Convention on Mercenaries, 1989

publisher: International Committee of the Red Cross

reference: Convention on Mercenaries, 1989

title: International Convention against the Recruitment, Use, Financing and Training of Mercenaries, 4 December 1989.

country: Italy

country: Guinea

country: Georgia

country: Saudi Arabia

reservation: Reservation: The Kingdom of Saudi Arabia does not consider itself bound by article 17, paragraph 1, of the Convention.

country: Mauritania

country: Libya

country: Seychelles

country: Romania

country: Croatia

country: Poland

country: Maldives

country: Azerbaijan

country: Germany

country: Montenegro

country: Turkmenistan

country: Morocco

reservation: Declarations and Reservation: Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Convention shall be applied only on the territory controlled effectively by the authorities of the Republic of the Moldova. No provision of the Convention should be interpreted as implying, for the Republic of Moldova, an obligation to extradite its own citizens or persons granted with political asylum. According to article 17 paragraph 2 of the Convention, the Republic of Moldova does not consider itself bound by article 17, paragraph 1 of the Convention.

country: Belgium

reservation: Reservations: No provision of the present Convention should be interpreted as implying an obligation of mutual judicial assistance if the requested State party has reason to believe that the request for judicial assistance concerning certain offences has been submitted for the purposes of prosecuting or punishing a certain person on the grounds of ethnic origin, religion, nationality or political views, or if acceding to the request would prejudice the situation of that person on any of those grounds. No provision of the present Convention should be interpreted as implying an obligation of extradition if the requested State party has reason to believe that the request for extradition based on the offences set forth in the Convention has been submitted for the purposes of prosecuting or punishing a certain person on the grounds of ethnic origin, religion, nationality or political views , or if acceding to the request would prejudice the situation of that person on any of those grounds. No provision of the Convention should be interpreted as implying, for Belgium, an obligation to extradite Belgian nationals.

country: Uzbekistan

country: Angola

country: Cameroon

country: Barbados

country: Liberia

country: Honduras

country: Senegal

country: Togo

country: Suriname

country: Nigeria

country: Belarus

country: New Zealand

country: Costa Rica

country: Venezuela

reservation: Declaration made upon accession (Translation) (Original: Spanish) With regard to the provisions laid down in article 12, the extradition of Venezuelan nationals is expressly prohibited by the Venezuelan law. In that respect, in the event of a request for extradition of a Venezuelan national, the Bolivarian Republic of Venezuela will submit the case to the competent Venezuelan authorities for the purpose of prosecution, through proceedings in accordance with the laws of the Bolivarian Republic of Venezuela. Reservation made upon accession (Translation) (Original: Spanish) Pursuant to paragraph 2, article 17, of the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, the Bolivarian Republic of Venezuela makes an express reservation to paragraph 1 of the same article. Therefore, it does not consider itself bound to resort to arbitration as a means of dispute settlement, nor does it recognize the compulsory jurisdiction of the International Court of Justice.

country: Uruguay

country: Syrian Arab Republic

reservation: La République arabe syrienne formule une réserve concernant le paragraphe 1 de l’article 17 de la Convention.

reservation: Reservation made on 23.11.2020 upon accession (Original: English): “No provision of the present Convention should be interpreted as implying an obligation of mutual legal assistance if the requested State party has reason to believe that the request for legal assistance concerning certain offences has been submitted for the purposes of prosecuting or punishing a certain person on the grounds of race, religion, nationality or political views, or if acceding to the request would otherwise prejudice the implementation of rights of that person on any of those grounds. No provision of the present Convention should be interpreted as implying an obligation of extradition if the requested State party has reason to believe that the request for extradition based on the offences set forth in the Convention has been submitted for the purposes of prosecuting or punishing a certain person on the grounds of race, religion, nationality or political views, or if acceding to the request would prejudice the implementation of rights of that person on any of those grounds. No provision of the present Convention should be interpreted as implying, for the Republic of Armenia, an obligation to extradite Armenian nationals.”

text: The States Parties to the present Convention,

text: Reaffirming the purposes and principles enshrined in the Charter of the United Nations and in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations,

text: Being aware of the recruitment, use, financing and training of mercenaries for activities which violate principles of international law, such as those of sovereign equality, political independence, territorial integrity of States and self-determination of peoples,

text: Affirming that the recruitment, use, financing and training of mercenaries should be considered as offences of grave concern to all States and that any person committing any of these-offences should be either prosecuted or extradited,

text: Convinced of the necessity to develop and enhance international co-operation among States for the prevention, prosecution and punishment of such offences,

text: Expressing concern at new unlawful international activities linking drug traffickers and mercenaries in the perpetration of violent actions which undermine the constitutional order of States,

text: Also convinced that the adoption of a convention against the recruitment, use, financing and training of mercenaries would contribute to the eradication of these nefarious activities and thereby to the observance of the purposes and principles enshrined in the Charter,

text: Cognizant that matters not regulated by such a convention continue to be governed by the rules and principles of international law,

text: Have agreed as follows :

text: Preamble

text: For the purposes of the present Convention,

text: 1. A mercenary is any person who:

text: (a) Is specially recruited locally or abroad in order to fight in an armed conflict;

text: (b) Is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar rank and functions in the armed forces of that party;

text: (c) Is neither a national of a party to the conflict nor a resident of territory controlled by a party to the conflict;

text: (d) Is not a member of the armed forces of a party to the conflict; and

text: (e) Has not been sent by a State which is not a party to the conflict on official duty as a member of its armed forces.

text: 2. A mercenary is also any person who, in any other situation:

text: (a) Is specially recruited locally or abroad for the purpose of participating in a concerted act of violence aimed at :

text: (i) Overthrowing a Government or otherwise undermining the constitutional order of a State; or

text: (ii) Undermining the territorial integrity of a State;

text: (b) Is motivated to take part therein essentially by the desire for significant private gain and is prompted by the promise or payment of material compensation;

text: (c) Is neither a national nor a resident of the State against which such an act is directed;

text: (d) Has not been sent by a State on official duty; and

text: (e) Is not a member of the armed forces of the State on whose territory the act is undertaken.

text: Article 1

text: Any person who recruits, uses, finances or trains mercenaries, as defined in article 1 of the present Convention, commits an offence for the purposes of the Convention.

text: Article 2

text: 1. A mercenary, as defined in article 1 of the present Convention, who participates directly in hostilities or in a concerted act of violence, as the case may be, commits an offence for the purposes of the Convention.

text: 2. Nothing in this article limits the scope of application of article 4 of the present Convention.

text: Article 3

text: An offence is committed by any person who:

text: (a) Attempts to commit one of the offences set forth in the present Convention;

text: (b) Is the accomplice of a person who commits or attempts to commit any of the offences set forth in the present Convention.

text: Article 4

text: 1. States Parties shall note recruit, use, finance or train mercenaries and shall prohibit such activities in accordance with the provisions of the present Convention.

text: 2. States Parties shall not recruit, use, finance or train mercenaries for the purpose of opposing the legitimate exercise of the inalienable right of peoples to self-determination, as recognized by international law, and shall take, in conformity with international law, the appropriate measures to prevent the recruitment, use, financing or training of mercenaries for that purpose.

text: 3. They shall make the offences set forth in the present Convention punishable by appropriate penalties which take into account the grave nature of those offences.

text: Article 5

text: States Parties shall co-operate in the prevention of the offences set forth in the present Convention, particularly by :

text: (a) Taking all practicable measures to prevent preparations in their respective territories for the commission of those offences within or outside their territories, including the prohibition of illegal activities of persons, groups and organizations that encourage, instigate, organize or engage in the perpetration of such offences;

text: (b) Co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those offences.

text: Article 6

text: States Parties shall co-operate in taking the necessary measures for the implementation of the present Convention.

text: Article 7

text: Any State Party having reason to believe that one of the offences set forth in the present Convention has been, is being or will be committed shall, in accordance with its national law, communicate the relevant information, as soon as it comes to its knowledge, directly or through the Secretary-General of the United Nations, to the States Parties affected.

text: Article 8

text: 1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over any of the offences set forth in the present Convention which are committed :

text: (a) In its territory or on board a ship or aircraft registered in that State;

text: (b) By any of its nationals or, if that State considers it appropriate, by those stateless persons who have their habitual residence in that territory.

text: 2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 2 , 3 and 4 of the present Convention in cases where the alleged offender is present in its territory and it does note extradite him to any of the States mentioned in paragraph 1 of this article.

text: 3. The present Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

text: Article 9

text: 1. Upon being satisfied that the circumstances so warrant, any State Party in whose territory the alleged offender is present shall, in accordance with its laws, take him into custody or take such other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted. The State Party shall immediately make a preliminary inquiry into the facts.

text: 2. When a State Party, pursuant to this article, has taken a person into custody or has taken such other measures referred to in paragraph 1 of this article, it shall notify without delay either directly or through the Secretary-General of the United Nations:

text: (a) The State Party where the offence was committed;

text: (b) The State Party against which the offence has been directed or attempted;

text: (c) The State Party of which the natural or juridical person against whom the offence has been directed or attempted is a national;

text: (d) The State Party of which the alleged offender is a national or, if he is a stateless person, in whose territory he has his habitual residence;

text: (e) Any other interested State Party which it considers it appropriate to notify.

text: 3. Any person regarding whom the measures referred to in paragraph 1 of this article are being taken shall be entitled:

text: (a) To communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to protect his rights or, if he is a stateless person, the State in whose territory he has his habitual residence;

text: (b) To be visited by a representative of that State.

text: 4. The provisions of paragraph 3 of this article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with article 9 , paragraph 1 (b) , to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.

text: 5. The State which makes the preliminary inquiry contemplated in paragraph 1 of this article shall promptly report its findings to the States referred to in paragraph 2 of this article and indicate whether it intends to exercise jurisdiction.

text: Article 10

text: Any person regarding whom proceedings are being carried out in connection with any of the offences set forth in the present Convention shall be guaranteed at all stages of the proceedings fair treatment and all the rights and guarantees provided for in the law of the State in question. Applicable norms of international law should be taken into account.

text: Article 11

text: The State Party in whose territory the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.

text: Article 12

text: 1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences set forth in the present Convention, including the supply of all evidence at their disposal necessary for the proceedings. The law of the State whose assistance is requested shall apply in all cases.

text: 2. The provisions of paragraph 1 of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty.

text: Article 13

text: The State Party where the alleged offender is prosecuted shall in accordance with its laws communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States concerned.

text: Article 14

text: 1. The offences set forth in articles 2 , 3 and 4 of the present Convention shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

text: 2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may at its option consider the present Convention as the legal basis for extradition in respect of those offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

text: 3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize those offences as extraditable offences between themselves, subject to the conditions provided by the law of the requested State.

text: 4. The offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the State required to establish their jurisdiction in accordance with article 9 of the present Convention.

text: Article 15

text: The present Convention shall be applied without prejudice to:

text: (a) The rules relating to the international responsibility of States;

text: (b) The law of armed conflict and international humanitarian law, including the provisions relating to the status of combatant or of prisoner of war.

text: Article 16

text: 1. Any dispute between two or more States Parties concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by a request in conformity with the Statute of the Court.

text: 2. Each State may, at the time of signature or ratification of the present Convention or accession thereto, declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State party which has made such a reservation.

text: 3. Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.

text: Article 17

text: 1. The present Convention shall be open for signature by all States until 31 December 1990 at United Nations Headquarters in New York.

text: 2. The present Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

text: 3. The present Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

text: Article 18

text: 1. The present Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.

text: 2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

text: Article 19

text: 1. Any State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations.

text: 2. Denunciation shall take effect one year after the date on which the notification is received by the Secretary-General of the United Nations.

text: Article 20

text: The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

text: IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed the present Convention.

text: Article 21

summary: This Convention was adopted on 4 December 1989 by Resolution 44/34 of the United Nations General Assembly. Two texts concerning mercenaries adopted prior to that date are worth noting: Article 47 of Additional Protocol I of 1977 to the 1949 Geneva Conventions and the Convention on the "Elimination of Mercenarism in Africa" adopted by the Organization of African Unity in Libreville on 3 July 1977. Comprising 21 articles, the 1989 Convention pursues steps previously taken by Third World countries, seconded at the time by socialist countries, to fight against mercenarism throughout the world. The definition of a mercenary is derived from Article 47 of Protocol I, but goes further by applying to "armed conflict" (Article 1, paragraph 1) and also to "any other situation" (Article 1, paragraph 2). Any of the activities cited in the Convention is considered an offence regardless of whether perpetrated by the mercenaries themselves (Article 3) or by any other person (Article 2). Attempts and complicity to commit any of the offences set forth are also considered an offence (Article 4). As with other instruments of international criminal law, States Parties undertake to try or to extradite suspected offenders as stipulated by the Convention (Articles 9 to 12). Concerning relations between the Convention of 1989 and international humanitarian law, it reserves the "right" of each State Party to invite the ICRC to communicate with and visit alleged offenders in violation of this Convention held on its territory (Article 10, paragraph 4). Article 16 b) includes a safeguard clause applicable to international humanitarian law.