Practice Relating to the Prohibition of Certain Types of Landmines
Burundi’s Regulations on International Humanitarian Law (2007) states:
Anti-personnel mines are prohibited because they indiscriminately hit combatants and non-combatants. This prohibition is absolute for States which have ratified the convention on the prohibition of anti-personnel mines [1997 Ottawa Convention on Anti-Personnel Mines]. It is qualified for States which are not parties to this convention. For these States, anti-personnel mines are prohibited except:
- if they are placed on a military objective or in its immediate proximity;
- if measures are taken to protect the civilian population (e.g. a guard).
Burundi’s Anti-Personnel Mines Law (2008) states:
The present law aims at eliminating the anti-personnel mines in the Republic of Burundi in accordance with the 1997 [Ottawa] Convention … on Anti-Personnel Mines ……
The development, manufacture, production, acquisition, stockpiling, conservation, offer, disposal, import, export, transfer and use of anti-personnel mines are prohibited.
The same applies to the detached pieces and assembly pieces of anti-personnel mines, even if only partially manufactured, if it is clear that they may not be used for civilian purposes.
It is also prohibited to assist, encourage or induce anyone to engage in any such activities.
The relevant services of the ministries in charge of national defence and public security shall ensure:
- the destruction, as soon as possible, of anti-personnel mines stockpiled by State services or delivered for destruction in accordance with the precedent article.
The Law also states:
For the purposes of this law, it is understood by:
1. “anti-personnel mine”, a mine designed to be exploded by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or more persons;
Mines designed to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, that are equipped with anti-handling devices, are not considered anti-personnel mines as a result of being so equipped.
2. “mine”, a munition designed to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle;
3. “anti-handling device”, a device intended to protect a mine and which is part of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with or otherwise intentionally disturb the mine;
4. “transfer”, in addition to the physical movement of anti-personnel mines into or from national territory, the transfer of title to and control over the mines, but does not involve the transfer of territory containing emplaced anti-personnel mines.