Landmines and human rights (Brian Owsley)
* This paper focus on violations and other problems caused by landmines (!!)
* In 1907, the military powers at the Second Hague Peace Conference established a treaty covering the use of mines in the seas
* Over 40 nations have become parties to this Convention
* The convention has played only a minor role in limiting the use of mines
* Yet the sea mine cases are important because they document the development of international law regarding landmines
* The danger of civilians posed by landmines is far greater than the indiscriminate harms of sea mines
* “The President of the US authorized a US government agency to lay mines in Nicaraguan ports; that in early 1984 mines were laid…either in Nicaraguan internal waters or in its territorial sea of both, by persons in the pay and acting on the instructions of that agency, under the supervision and with the logistic support of US agents” – Military and Paramilitary Activities, 1986 I.C.J. at 48.
* Agreement may be difficult to reach since so many countries manufacture and export landmines (eg China / Pakistan)
* “Learning mines is a slow process. Because many mines have minimal metal contant, they cannot be easily spotted by metal detectors. Much of the clearing is done manually by teams working with small probes.” – Press, Supra Note 103
* “about 1,600 antipersonnel mines and 700 antitank mines were being detected and destroyed…by more than 400 Somali volunteers, mostly working under the supervision of Rimfire Internation ( a British commercial company) ”
* “The gravity and cruelty of the threat posed by lanemines cannot be overemphasized. Tens of millions of mines…remain scattered around in former combat zones, taking and jeopardizing innumerable lives and impeding the restoration of normalcy. Some experts estimate that it could take fifty-years to get rid of these mines. The...