Practice Relating to Rule 82. Recording of the Placement of Landmines
Canada’s LOAC Manual (1999) states: “The location of all pre-planned minefields … must be recorded. A record should also be kept of all other minefields [and] mines … so that they may be disarmed when they are no longer required.”
The manual also states:
Canada’s obligation to clear minefields after the cessation of hostilities will vary depending upon circumstances such as the degree of jurisdiction or control exercised over the territory, the terms of any peace accord and any other bilateral or multilateral arrangement.
Canada’s LOAC Manual (2001) states in its chapter entitled “Restrictions on the use of weapons”: “The location of all pre-planned minefields … must be recorded. A record should also be kept of all other minefields [and] mines … so that they may be disarmed when they are no longer required.”
With regard to remotely-delivered mines, the manual states:
Remotely-delivered land mines can only be used within the area of a military objective if their location can be accurately recorded, and they can be neutralized when they no longer serve the military purpose for which they were placed in position.
In 1975, during discussions in the Ad Hoc Committee on Conventional Weapons established by the CDDH, Canada advocated the “automatic and compulsory marking” of remotely delivered minefields.
Upon ratification of the 1980 Convention on Certain Conventional Weapons, Canada stated:
With respect to Protocol II [to the 1980 Convention on Certain Conventional Weapons], 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 of 17 June 1992).
Upon ratification of the 1996 Amended Protocol II to the Convention on Certain Conventional Weapons, Canada stated:
It is understood that the maintenance of a minefield referred to in Article 10, in accordance with the standards on marking, monitoring and protection by fencing or other means set out in Amended Protocol II, would not be considered as a use of the mines contained therein.