Practice Relating to Rule 81. Restrictions on the Use of Landmines
Sweden’s IHL Manual (1991), with reference to the 1980 Protocol II to the Convention on Certain Conventional Weapons, states that landmines cannot be “used against civilian populations or individual civilians, which is in full agreement with [Additional Protocol I] (Art. 51)”. It adds: “It is particularly stated that the indiscriminate use of mines … is prohibited.” It further states: “The new method of remote delivery, i.e
. planting mines from aircraft or dispersing them over large areas by firing them with missiles or artillery, may be used only against an area which is itself a military objective or which contains military objectives.”
Upon acceptance of the 1996 Amended Protocol II to the Convention on Certain Conventional Weapons, Sweden 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 Sweden 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.