Related Rule
France
Practice Relating to Rule 83. Removal or Neutralization of Landmines
According to France’s LOAC Teaching Note (2000), employing landmines (except anti-personnel mines) is allowed on the condition that their exact location is recorded. It further provides: “At the end of hostilities the mine fields have to be indicated and as far as possible neutralized.”
France, Fiche didactique relative au droit des conflits armés, Directive of the Ministry of Defence, 4 January 2000, annexed to the Directive No. 147 of the Ministry of Defence of 4 January 2000, p. 7.
France’s LOAC Manual (2001) states that employing landmines (except anti-personnel mines) is allowed on the condition that their exact location is recorded. It further states: “At the end of hostilities the mine fields have to be indicated and as far as possible neutralized.”
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 55; see also p. 82.
France’s Code of Defence (2004), as amended in 2009, states: “The National Commission for the Elimination of Antipersonnel Mines ensures … international action from France regarding assistance … in the removal of [antipersonnel] mines.”
France, Code of Defence, 2004, as amended in 2009, Article R.2343-1.
Upon acceptance of the 1996 Amended Protocol II to the Convention on Certain Conventional Weapons, France stated:
France takes it that article 4 and the Technical Annex to amended Protocol II do not require the removal or replacement of mines that have already been laid …
The provisions of amended Protocol II such as those concerning the marking, monitoring and protection of zones which contain anti-personnel mines and are under the control of a party, are applicable to all zones containing mines, irrespective of the date on which those mines were laid.
France, Declarations made upon acceptance of Amended Protocol II to the Convention on Certain Conventional Weapons, 23 July 1998.
In 2009, the Minister of Foreign and European Affairs of France stated:
France attaches the highest importance to action against mines … Under … the fight against … antipersonnel mines … , in particular the economic contribution to the clearance of affected zones … , our country will continue to meet its commitments … [France engages in] training in humanitarian demining and destruction of munitions … France voluntarily contributes to several UN peacekeeping operations … which engage … in humanitarian demining operations. Also, demining actions are carried out in the context of military external operations carried out by the French army.
France, Response from the Minister of Foreign and European Affairs to parliamentary written question No. 62431, Journal officiel de la République française, 15 December 2009, p. 11965.
