Practice Relating to Rule 81. Restrictions on the Use of Landmines
South Africa’s Revised Civic Education Manual (2004) states that landmines “may only be used when placed in close proximity to military objects” and “when the tactical situation demands them”, and that warning signs must be posted.
Upon acceptance of the 1996 Amended Protocol II to the Convention on Certain Conventional Weapons, South Africa stated:
The provisions of the amended Protocol which by their contents or nature may be applied also in peacetime, shall be observed at all times …
It is the understanding of South Africa that the word “primarily” is included in article 2, paragraph 3 of the amended Protocol to clarify that 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.
It is understood that article 5, paragraph 2(b) does not preclude agreement among the states concerned, in connection with peace treaties or similar arrangements, to allocate responsibilities under paragraph 2(b) in another manner which nevertheless respects the essential spirit and purpose of the article.