0.515.091 text original Convention on the prohibition or restrictions on the use of certain conventional weapons which may be considered as producing traumatic effects excessive or as striking without discrimination concluded at Geneva on 10 October 1980, approved by the Federal Assembly on 19 March 1982, Instrument of ratification deposited by the Switzerland on 20 August 1982 entry into force for the Switzerland 2 December 1983 (status 31 May 2013) the High Contracting Parties , recalling that every State has the duty, in accordance with the Charter of the United Nations, to refrain in its international relations of use to the threat or the use of force, or against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations, also recalling the general principle of the protection of civilians against the effects of hostilities based on the principle of international law according to which the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited, and on the principle which prohibits to use in armed conflicts of weapons, projectiles and material as well as methods of war likely to cause unnecessary suffering, recalling also that it is forbidden to use any methods or means of warfare which are designed to cause , or it can be expected that they will cause widespread, long-term and severe damage to the natural environment, confirming their determination that, in cases not provided for by the Convention and the protocols are annexes or by other international agreements, civilians and combatants remain at any time under the backup and the empire of the principles of the law of Nations as they result from the established usages, principles of humanity and the dictates of public conscience, willing to contribute to international detente, the cessation of the the arms race and to the building of confidence between States and, therefore, to the realization of the aspirations of all peoples to live in peace, recognizing that it is important to continue efforts towards general and complete under strict and effective international control disarmament Reaffirming the need to continue the codification and the progressive development of the rules of international law applicable in armed conflict, who wish to prohibit or restrict further the use of certain conventional weapons and believing that the positive results achieved in this area might facilitate the main talks on disarmament with a view to ending the production, storage and proliferation of these weapons , emphasizing the interest there is to ensure that all States, and especially the militarily significant States, become parties to this Convention and the protocols are annexed, donsiderant that the General Assembly of the United Nations and the Commission of the United Nations for disarmament may decide to consider the question of a possible expansion of the scope of the prohibitions and limitations contained in the Convention and the protocols annexed , donsiderant also that the Committee on Disarmament may decide to consider the question of adoption new measures to ban or restrict the use of certain conventional weapons, have agreed to the following: art. 1Champ of application 1. This Convention and the protocols are annexed shall apply in the situations provided for by art. 2 common to the Geneva Conventions of 12 August 1949 relating to the protection of victims of war, including any situation described in the by. 4 of art. 1 of additional Protocol I to the Conventions.
2 this Convention and the protocols are annexed apply, in addition to the situations referred to in the by. 1 of this section, referred to in art. 3 common to the Geneva Conventions of 12 August 1949. This Convention and the Protocol are attached do not apply to tensions and situations of internal disturbance, such as riots, isolated and sporadic violence and other acts of a similar character, who are not armed conflict.
3. in the case of armed conflicts that are not of an international character and occur on the territory of one of the High Contracting Parties, each party to the conflict shall apply the prohibitions and restrictions laid down by the Convention and the protocols are annexed.
4. no provision of this Convention or to protocols annexed is invoked to infringe the sovereignty of a State or the responsibility of the Government, by all legitimate means, to maintain or restore public order in the State or to defend the national unity and the territorial integrity of the State.
5. no provision of this Convention or to protocols annexed is invoked to justify intervention, direct or indirect, for any reason whatsoever, in the armed conflict or in business inside or outside of the High Contracting Party in the territory of which that conflict occurs.
6. the application of the provisions of this Convention and of the protocols annexed to the parties to a conflict which are not High Contracting Parties having accepted this agreement and protocols y annexed does not change neither explicitly nor implicitly their legal status or that of a disputed territory.
7. the provisions of by. 2 to 6 of this article are without prejudice to the scope of all other protocols adopted after 1 January 2002, for which it can be decided to resume the provisions of those paragraphs, to exclude or modify.
New content according to the AOS. Dec 21. 2001, approved by the SSA. fed. on Dec 15. 2003, in force for Switzerland since July 19. 2004 (RO 2004 3953 3951; FF 2003 3153).
RS 0.518.12, 0.518.23, 0.518.42, 0.518.51 RS 0.518.521 art. 2 relationship with other international agreements nothing in this agreement or protocols will be interpreted as diminishing other obligations of the High Contracting Parties by the international humanitarian law applicable in armed conflict.
Art. 3 signature this Convention will be open for signature to all States at the headquarters of the United Nations in New York, for a period of twelve months from 10 April 1981.
Art. 4 ratification - acceptance - approval - accession 1. This Convention is subject to ratification, acceptance or approval by the signatories. Any State which has not signed the Convention may join.
2. the instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.
3. each State may agree to be bound by any protocols annexed to this Convention, provided that at the time of the deposit of its instrument of ratification, acceptance, approval or accession of this Convention, it shall notify to the depositary its consent to be bound by two or more of these protocols.
4. at any time after the deposit of its instrument of ratification, acceptance, approval or accession of this Convention, a State may notify the depositary its consent to be bound by any protocol is annexed to which he was not yet a party.
5. any protocol that links a high contracting party is an integral part of this Convention with respect to that party.
Art. 5 entry into force 1. This Convention will enter into force six months after the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession.
2. for any State which deposits an instrument of ratification, acceptance, approval or accession after the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession, the Convention will enter into force six months after the date of deposit of the instrument.
3 each of the protocols annexed to this Convention comes into force six months after the date at which twenty States have notified their consent to be bound by this Protocol in accordance with the provisions of the by. 3 or by. 4 of art. 4 of the Convention.
4. for any State which shall notify its consent to be bound by a protocol annexed to this Convention after the date to which twenty States have notified their consent to be bound by this Protocol, the Protocol will enter into force six months after the date on which that State will be notified its consent to be bound as well.
Art. 6 dissemination the High Contracting Parties undertake to disseminate as widely as possible in their country, in time of peace as in time of armed conflict, the present Convention and the protocols are annexed to which they are Parties, and in particular to incorporate the study in their programmes of military instruction, in such a way that these instruments are known for their armed forces.
Art. 7 conventional relations upon entry into force of the Convention 1. If one of the parties to a conflict is not bound by a protocol annexed to this Convention, parties bound by this Convention and the Protocol are annexed remain bound by them in their mutual relations.
2. a high contracting party is bound by this Convention and any protocol is that is in force for it, in any situation to any State which is not a party to this Convention is not bound by the Protocol, article 1 is annexed relevant, if the latter State accepts and applies the present Convention or the relevant Protocol and shall notify the depositary.
3. the depositary shall immediately inform the High Contracting Parties concerned of any notification received under the by. 2 of the present article.
4 this Convention and the protocols are annexed by which a high contracting party is linked apply to all armed conflict against the High Contracting Party of the type referred to the by. 4 of art. 1 of additional Protocol I to the Geneva Conventions of 12 August 1949 relative to the protection of victims of war: has) when the High Contracting Party is also party to the additional Protocol 1 and that an authority referred to the by. 3 of art. 96 of the Protocol undertook to apply the Geneva Conventions and additional Protocol 1 in accordance with the by. 3 of art. 96 of the Protocol and undertakes to apply in regard to said dispute, the present Convention and the protocols are annexed relevant; or (b) when the High Contracting Party is not a party to the Protocol additional 1 and that an authority of the type referred to in para. (a) above accepts and applies, with regard to said dispute, the obligations of the Geneva Conventions and of the Convention and of the protocols annexed relevant. This acceptance and this application have the following effects in respect of the said conflict: i) the Geneva Conventions and the Convention and its relevant protocols y annexed immediately take effect for the parties to the conflict; ii) that authority exercises the same rights and fulfil the same obligations as a high contracting party to the Geneva Conventions, to the present Convention and to relevant protocols annexed :III) the Geneva Conventions, the Convention and the relevant protocols are annexed equally binding on all parties to the conflict.
The High Contracting Party and the authority can also agree to accept and apply on a reciprocal basis the obligations set out in the additional Protocol I to the Geneva Conventions.
SR 0.518.521 art. 8 revision and amendments 1. (a) after the entry into force of this Convention any High Contracting Party may at any time propose amendments to this Convention or to any any protocols are annexed by which it is linked. Any proposal for amendment shall be communicated to the Depositary which shall notify it to all the High Contracting Parties asking them if there is place to convene a Conference to consider it. If a majority of at least 18 High Contracting Parties are in agreement, the depositary shall convene a conference to which all High Contracting Parties will be invited at the earliest. Non-parties to this Convention will be invited to the conference as observateurs.b) this conference will be able to agree on amendments that will be adopted and will enter into force in the same manner as this Convention and the protocols are annexed; However, the amendments to this Convention may be adopted by the High Contracting Parties and amendments to a protocol is attached cannot be by the High Contracting Parties which are bound by this Protocol.
2. has) after the entry into force of this Convention any High Contracting Party may at any time propose additional protocols concerning other categories of conventional weapons on which the existing annexed protocols do not. Any proposal for additional Protocol shall be communicated to the Depositary which shall notify it to all the High Contracting Parties in accordance with para. (a) by. 1 of the present article. If a majority of at least 18 High Contracting Parties are in agreement, the depositary shall convene a conference to which all States will be invites.b as best as possible) this conference will be able, with the full participation of all States represented at the conference, to approve additional protocols, which will be adopted in the same way that this Convention will be annexed and will enter into force in accordance with the provisions of by. 3 and 4 of art. 5 of the Convention.
3. has) If, 10 years after the entry into force of this agreement no conference has been convened in accordance with paragraphs) of paragraph 1 or a) of by. 2 of this article, any High Contracting Party may request the depositary to convene a conference to which all High Contracting Parties will be invited to review the scope and application of the Convention and of the protocols annexed and study any proposed amendment to this Convention or to the existing protocols. Non-parties to this Convention will be invited to the conference as observers. The conference will be able to approve amendments that will be adopted and will enter into force in accordance with para. (b) by. 1 above .b) the conference may also consider any proposal for additional protocols concerning other categories of conventional weapons not covered by the existing annexed Protocols. All States represented at the conference participate fully in this review. The additional protocols will be adopted in the same way that this Convention will be annexed and will enter into force in accordance with the provisions of by. 3 and 4 of art. 5 of the Convention.
(c) the conference may wish to discuss the question of whether it is necessary to provide for the convening of a new conference at the request of a high contracting in case, after a period similar to that referred to in para. (a) by. 3 of this section, no conference has been convened in accordance with paras. (a) by. 1 or a) of by. 2 of the present article.
Art. 9 denunciation 1. Any High Contracting Party may denounce this Convention or one any protocols are annexed by notifying its decision to the depositary.
2 thus operated denunciation will take effect one year after receipt by the depositary of the notification of denunciation. If, however, at the end of this year, the High Contracting Party denouncing is in a situation contemplated by art. 1, she remains bound by the obligations of the Convention and relevant protocols annexed to the end of the armed conflict or occupation and, in any case, until the completion of operations of final release, repatriation or settlement of persons protected by the rules of international law applicable in armed conflict and, in the case of any protocol to this Convention containing provisions on situations in which the functions of maintaining of peace, observation or similar functions are carried out by forces or missions of the United Nations in the region, until the term of such functions.
3. any denunciation of this Convention will also apply to all protocols including the High Contracting Party denouncing had accepted the obligations.
4. a denunciation will have effect only against the High Contracting Party denouncing.
5. a denunciation will have no effect on the already contracted obligations as a result of an armed conflict in respect of this Convention and of the protocols annexed by the High Contracting Party denouncing for any act committed before such denunciation becomes effective.
Art. 10 depositary 1. The Secretary general of the Organization of the United Nations is the depositary of this Convention and of the protocols annexed.
2. in addition to exercising its usual functions, the depositary shall notify all States: a) signatures to this Convention, in accordance with art. 3; b) instruments of ratification, acceptance, approval or accession to this Convention, deposited pursuant to art. 4, c) notifications of acceptance of the obligations of the protocols annexed to this Convention, in accordance with art. 4; d) the dates of entry into force of this Convention and of each of the protocols is attached, in accordance with art. 5, e) notifications of denunciation received pursuant to art. 9 and the dates on which they take effect.
Art. 11 the original of the Convention authentic texts and protocols are attached, including English, Arabic, Chinese, English, french and Russian texts are also authentic, will be deposited with the depositary, which will send certified copies to all the States.
Protocol I Protocol relating to non localizable bursts it is forbidden to use any weapon whose main effect is to injure by fragments which are not traceable by x-rays in the human body.
State may 31, 2013 Protocol II Protocol on prohibition or restrictions on the use of mines, traps and other devices, such as amended on 3 May 1996, Art. 1 scope of application
1. this Protocol relates to the use on land mines, traps and other devices defined below, including mines laid to ban access to beaches or the crossing of waterways or rivers, but does not apply to mines anti-ship used at sea or in waterways inland.
2. this Protocol applies, in addition to the situations referred to in art. 1 of this Convention, in the situations referred to in art. 3 common to the Geneva Conventions of 12 August 1949. This Protocol does not apply to tensions and situations of internal disturbance, such as riots, isolated and sporadic violence and other acts of a similar character, who are not armed conflict.
3. in the case of armed conflicts that are not of an international character and occur on the territory of one of the High Contracting Parties, each party to the conflict shall apply the prohibitions and restrictions laid down in the present Protocol.
4. no provision of this Protocol is invoked to infringe the sovereignty of a State or the responsibility of the Government, by all legitimate means, to maintain or restore public order in the State or to defend the national unity and the territorial integrity of the State.
5. no provision of this Protocol is invoked to justify intervention, direct or indirect, for any reason whatsoever, in the armed conflict or in business inside or outside of the High Contracting Party in the territory of which that conflict occurs.
6. the application of the provisions of this Protocol to the parties to a conflict which are not High Contracting Parties having accepted the present Protocol modifies neither explicitly nor implicitly their legal status or that of a disputed territory.
RS 0.518.12, 0.518.23, 0.518.42, and 0.518.51 art. 2 definitions for the purposes of this Protocol, means: 1. by "mine," a device placed under or on the ground or another surface, or nearby, and designed to explode as a result of the presence, proximity or contact of a person or a vehicule.2. By 'setting up remote mine', a mine which is not directly implemented, but which is launched by a piece of artillery, a missile, a rocket launcher, a mortar or something similar, or dropped from an aircraft. Mines started within 500 metres by a land-based system are not considered as being "implemented remotely", provided that they are used in accordance with art. 5 and other relevant articles of the present Protocole.3. By "landmine", a mine primarily designed to explode as a result of the presence, proximity or contact of a person and intended to put out of action, injuring or killing one or more million.4. By 'trap', any device or equipment that is designed, constructed, or adapted to kill or hurt and who works out of the blue when you move an object seemingly harmless one approaches, or that it is engaged in an Act apparently without danger.5. By "other devices", machines and systems put in place by hand, including explosive devices improvised, designed to kill, injure or damage and which are triggered by hand, by remote control or automatically after a certain temps.6. By "military objective", where goods are covered, all of which by its nature, its location, its destination, or its use brings a contribution to military action and whose total or partial destruction, capture or neutralization in this case an advantage insofar as military precis.7. By "civilian goods", all goods that are not military objectives in the sense of the by. 6 of the present article.8. By"minefield", a defined area in which mines have been put in place, and "mined area", a dangerous area because of the presence of mines. By "dummy mines field", an area not undermined simulating a mine field. The term 'fields of mines' also covers minefields factices.9. By "recording", a physical, administrative and technical operation designed to collect, to record in official records, all available information that helps locate land mines, mined areas, mines, traps and other dispositifs.10. By "self-destruct mechanism", a mechanism for automatic operation incorporated or attached to the machine and which ensures the destruction.11. By "self-neutralizing mechanism", a mechanism for automatic operation incorporated to the gear and that makes it inoperant.12. By "self-deactivation", the automatic process that makes the machine inoperative by the irreversible exhaustion of a component, for example a battery, essential to his fonctionnement.13. By 'remote control', the command to distance.14. By "anti-handling device", a device intended to protect a mine and which is part of it, is connected to it, attached to it or under it, and which is triggered in the event of attempted manipulation of the mine.15. 'Transfer', in addition to the material removal of mines from the territory of a State or their introduction material in that of another State, the transfer of the right of ownership and control over the mines, but not the assignment of a territory on which mines have been put in place.
Art. 3 General restrictions on the use of mines, traps and other devices 1. This article applies: a) to the mines; b) to traps; etc) to other devices.
2. each High Contracting Party or each party to a conflict is responsible, in accordance with the provisions of this Protocol, all mines and all the traps and other devices that she has used and agrees to remove them, remove them, destroy or maintain them as specified in art. 10 of the Protocol.
3. it is prohibited in all circumstances to use mines, traps or other devices which are designed to cause unnecessary suffering or unnecessary suffering, or are likely to cause such pain or suffering.
4. weapons to which this article applies shall strictly conform to the standards and limitations set out in the technical annex with regard to each particular category.
5. it is prohibited to use mines, traps or other devices equipped with a mechanism or device specifically designed to trigger their explosion unless there is contact, under the effect of the magnetic field or under another influence generated by the presence of a current mine detector, normally used for detection operations.
6. it is prohibited to use mines to disabling themselves are equipped with an anti-handling device designed to remain capable of functioning once the mines have ceased to be.
7. it is prohibited in all circumstances to direct weapons to which this article against civilians in general or against individual civilians or against civilian goods, apply it either as offensive, defensive or retaliatory.
8. employment without discrimination of weapons to which this article applies is prohibited. Employment without discrimination, refers to any establishment of these weapons: has) other than on a military objective, or that these weapons are not directed against such a goal. Case of doubt as to whether a good that is normally dedicated to civilian use, for example a place of worship, a house or other accommodation or a school, is used to make an effective military action contribution, it is well presumed to not be used for this purpose; b) which means a method or a means of transportation on the lens such that these weapons can not be directed against one specific military objective; OUC) which can be expected to cause incidentally losses in human lives among the civilian population, injury to civilians, damage to civilian property or a combination of these losses and damage, which would be excessive in relation to the concrete and direct anticipated military advantage.
9. several clearly separated and distinct military objectives located in a city, a town, a village or another area where is a similar concentration of civilians or civilian property cannot be regarded as a single military objective.
10. all feasible precautions are taken to protect civilians from the effects of weapons to which this article applies. Possible precautions are precautions which are practicable or practically can take given all the conditions of the time, including humanitarian and military considerations. These conditions are particularly, but not exclusively, the following: a) effect short-term and long-term of the mines on the local civilian population as long as the mine field is in place; b) the measures that you can take to protect civilians (for example, fencing, signs, warning and monitoring); c) the existence of other systems and the effective possibility to use; d) military requirements to satisfy a short-term mine field and in the long term.
11. effective notice must be given of any establishment of mines, traps or other devices that could have repercussions for the civilian population, unless circumstances do not lend.
Art. 4 restrictions on the use of anti-personnel mines II is prohibited from using anti-personnel mines which are not detectable in the sense of the by. 2 of the technical annex.
Art. 5 restrictions on the use of anti-personnel mines other than mines implemented remote 1. This section applies to landmines other than mines implemented remotely.
2. it is forbidden to use firearms which applies this article and which do not conform to the provisions of the technical annex about self-destruction or the self-deactivation, at least: has) that these weapons be placed in an area whose perimeter is marked, which is monitored by a military staff protected by fencing or other means to effectively prevent civilians from entering. The marking must be recognizable and sustainable and must at least be able to be seen from anyone who is in the immediate vicinity of this area; ETB) that these weapons are removed before the evacuation of the area, unless it is delivered to the forces of another State, who accept the responsibility for the maintenance of means of protection required by this section and, subsequently, the removal of these weapons.
3. a party to a conflict is released from the obligation to respect the provisions of paras. ((a) and (b) by. 2 of this section if it is prevented from the fact that she was forced to give up control of the area following a military action of the enemy or if she is prevented by direct military action of the enemy. If this part reclaims control of the area, she is again required to comply with these provisions.
4. If the forces of a party to a conflict gain control of an area in which the weapons covered by this article have been placed, they must, to the extent possible, maintain and, if necessary, to establish means of protection required by this article until these weapons have been removed.
5. all possible measures must be taken to prevent unauthorized removal, alteration, destruction or concealment of any device, system or equipment used to mark the perimeter of an area.
6. weapons to which applies this article and project fragments in a horizontal arc of less than 90 ° and are placed on the ground or above the ground can be used without measures provided for in the by. 2, al. (a), of this article for 72 hours at most, if: has) are in close proximity to the military unit that put them in place. and (BB) the area is monitored by military personnel to effectively prevent civilians from entering.
Art. 6 restrictions on the use of mines in place at distance 1. It is prohibited to use mines implemented remotely unless they are registered in accordance with the provisions of the by. 1, al. (b), of the technical annex.
2. it is forbidden to use anti-personnel mines implemented remotely which do not conform to the technical annex provisions to self-destruction and the self-deactivation.
3. it is prohibited to use mines in place other than anti-personnel mines, unless, to the extent possible, they are equipped with an effective self-destruct or self-neutralizing mechanism remotely and include a supplementary scheme of self-deactivation designed so that these mines operate more as such when they are more for the military purposes for which they have been implemented.
4. effective notice must be given of any launch or dropping of mines implemented remotely that could have repercussions for the civilian population, unless circumstances do not lend.
Art. 7 ban on the use of traps and other devices 1. Without prejudice to the rules of international law applicable to armed conflicts to the treachery and perfidy, it is prohibited in all circumstances to use traps and other devices that are attached or associated in a way any: a) to emblems, signs or signals internationally recognized protective; b) to sick, injured or dead; c) to places of burial or cremation ((((, or graves; d) facilities, equipment, supplies or transport health; e) toys to child or other portable objects or products especially to food, health, hygiene, clothing or education of children; f) to foods or beverages; g) to utensils and kitchen appliances (, except in military facilities, military sites and military supply depots; h) to indisputably religious objects; i) to historical monuments, works of art or places of worship which constitute the cultural or spiritual people; where I) animals or carcasses of animals.
2. it is prohibited to use traps or other devices which have the appearance of harmless portable objects, but which are actually specially designed and manufactured to contain explosives.
3. without prejudice to the provisions of art. 3, it is prohibited to use weapons to which applies this article in any city, any town, entire village or any other area where there is a concentration similar to civilian populations, where no fighting does between ground forces or seems imminent, at least: has) that these weapons are placed on a target military or in the immediate vicinity of such an objective; or (b) that measures, such as the placement of sentries, the launch of warnings or the implementation of fences, be taken to protect the civilian population against the effects of such weapons.
Art. 8 transfers 1. Order to work towards the realization of the objectives of this Protocol, each High Contracting Party: a) undertakes not to transfer of mines whose use is prohibited by this Protocol; b) undertakes not to transfer of mines to one recipient other than a State or a State agency which is empowered to receive; c) undertakes to exercise restraint in the transfer of mines whose use is restricted by this Protocol. Specifically, each High Contracting Party undertakes not to transfer anti-personnel mines to States which are not bound by the Protocol, unless the State that receives agrees to apply this Protocol; d) undertakes to ensure that any transfer made pursuant to this section is in the full respect, both State that transfers the mines and one who receives relevant provisions of this Protocol and standards of international humanitarian law.
2. If a High Contracting Party declares that she will differ in respect of specific provisions on the use of certain mines, as provided for in the technical annex, para. (a) by. 1 this section applies however to such mines.
3. pending the entry into force of this Protocol, all the High Contracting Parties to refrain from all acts which would be contrary to what requires the al. (a) by. 1 of the present article.
Art. 9 recording and use of information on minefields, mined areas, mines, traps and other devices 1. All information concerning minefields, mined areas, mines, traps and other devices must be registered in accordance with the provisions of the technical annex.
2. all of these records must be kept by the parties to a conflict, which, after the cessation of active hostilities, take without delay all the necessary and appropriate action, including the use of this information, for pro-protect civilians from the effects of minefields, mined areas, mines, traps and other devices in areas under their control.
At the same time, they provide, each to the other or to the other parties to the conflict as well as to the Secretary-General of the United Nations, all the information in their possession concerning minefields, mined areas, mines, traps and other devices that they have put in place in areas that are no longer under their control; It is understood however, subject to reciprocity, in case the forces of a party to the conflict are in the territory of an adverse party, either party can not provide this information to the Secretary-General and the other party, insofar as security interests so require, until none of them is no longer in the territory of the other. In the latter case, kept secret information must be communicated as soon as those security interests permit. To the extent possible, the parties to the conflict are trying, by mutual agreement, to communicate this information in a timely, in a manner consistent with the security interests of each of them.
3. This article applies without prejudice to the provisions of art. 10 and 12 of this Protocol.
Art. 10 removal of minefields, mined areas, mines, traps and other devices and international cooperation to this end 1. Without delay after the cessation of active hostilities, all minefields, mined areas, mines, traps and other devices must be removed, removed, destroyed or maintained in accordance with art. 3 and to the by. 2 of art. 5 of this Protocol.
2. the High Contracting Parties and parties to a conflict to assume this responsibility with respect to minefields, mined areas, mines, traps and other devices in areas they control.
3. where a party no longer controls areas in which she has set up minefields, mined areas, mines, traps and other devices, it provides the party which has control, by virtue of the by. 2 of this article, to the extent where the latter permits, technical and material assistance that is necessary to carry out this responsibility.
4. whenever it is necessary, the parties strive to reach an agreement, both between them that, if it is necessary, with other States and with international organizations, on the provision of technical and material assistance, including, if the circumstances permit, on the organisation of joint operations necessary to fulfil these responsibilities.
Art. 11 cooperation and technical assistance 1. Each High Contracting Party undertakes to facilitate an Exchange as broad as possible, equipment, materials and scientific and technical information concerning the application of this Protocol and the means of mine clearance and has the right to participate in such an Exchange. In particular, the High Contracting Parties impose no undue restrictions on the provision, for humanitarian purposes, of equipment of demining and related technical information.
2. each High Contracting Party undertakes to provide to the database on mine clearance established within the framework of the organizations of the United Nations information on demining including different means and technical, as well as lists of experts, specialized agencies or national centres that can be contacted.
3. each High Contracting Party who is able to do so shall provide assistance for mine clearance through the agencies of the United Nations or other international agencies or through bilateral agreements, or makes contributions to the demining assistance trust fund.
4. Requests for assistance of the High Contracting Parties, supported by relevant information, may be addressed to the United Nations, to other appropriate bodies or to other States. They may be submitted to the Secretary-General of the United Nations, who shall communicate it to all the High Contracting Parties and the competent international organizations.
5. in the case of applications which are addressed to the United Nations, the Secretary-General of the organization may, within the limits of the resources available to it, do what is necessary to assess the situation and, in co-operation with the requesting contracting party, determine what assistance to demining or the application of the Protocol should be made to this part. The Secretary-General may also report to High Contracting Parties on any assessment made as well as on the type and scope of assistance required.
6. the High Contracting Parties undertake, without prejudice to their constitutional and other legal provisions, to cooperate and transfer techniques to facilitate the application of prohibitions and relevant restrictions which are set out in this Protocol.
7. each High Contracting Party has the right, if it is necessary to seek and receive technical assistance from another High Contracting Party, as much as necessary and as far as possible, affecting specific and relevant technologies other than those that are related to weapons, to reduce the period during which it would differ some provisions as provided for in the technical annex.
Art. 12 protection from the effects of minefields, mined areas, mines, traps and other devices 1. Application (a) with the exception of the forces and missions referred to the by. 2, al. ((a) (i), below, this article applies only to missions fulfilling tasks in an area located on the territory of a high contracting party with the consent of the .b) the application of the provisions of this section to the parties to a conflict which are not High Contracting Parties changes neither explicitly nor implicitly their legal status or that of a conteste.c territory) the provisions of this article shall apply without prejudice to those of international humanitarian law into force or other international instruments applicable or decisions of the United Nations Security Council, which are intended to ensure highest protection personnel fulfilling its tasks in accordance with this section.
2. forces and missions of peace-keeping and certain other forces and missions a) this paragraph applies to: i) any force or mission of the United Nations, who performs in an area any tasks of peacekeeping or observation or similar tasks, in accordance with the Charter of the United Nations; ii) any mission established in accordance with Chapter VIII of the Charter of the United Nations and fulfilling tasks in a conflict zone.
(b) each high contracting or each party a party to a conflict, if it is requested by the head of a force or of a mission to which this paragraph applies: i) takes, insofar as it can, the measures required to protect, in any area under its control, the force or mission from the effects of mines ((, traps and other devices; ii) If this is necessary to protect such personnel, remove or renders harmless, insofar as it can, all mines and all the traps or other devices in the area in question; iii) informs the head of the force or mission of the location of all the minefields, thin areas , mines, traps and other devices known in the area where the force or mission does its tasks and, to the extent possible, makes available latter all information in its possession concerning such minefields, mined areas, mines, traps and other devices.
3. fact-finding humanitarian of organizations of the United Nations or the facts has) this paragraph applies to any fact-finding mission or humanitarian nature of an organization of the Nations Unies.b) each High Contracting Party or each party to a conflict, if it is requested by the head of a mission to which this paragraph applies: i) protection is described to the mission staff to the by. 2, al. (b) i), of this section; ii) as long as the mission needs to carry out its tasks, to have access to a place any place under the control of the party or go through such a place, and to ensure safe access to this place or safe passage by this place to the staff of the mission: aa) unless ongoing hostilities prevented him reports to the head of the mission a safe route to this place, as long as the party has the required information; oubb) so the information to determine a safe path not provided under para. (AA), to clear a path through minefields, as far as this is necessary and that it is possible to do.
((4 missions of the international Committee of the Red Cross has) this paragraph applies to any mission of the international Committee of the Red Cross which does tasks with the consent of the State or of host States, the additional protocols to these Conventions.b such that so provide the Geneva Conventions of 12 August 1949 and, where appropriate) each High Contracting Party or each party to a conflict (if it is requested by the head of a mission to which this paragraph applies: i) protection is described to the mission staff to the by. 2, al. (b) i), of this section; ii) takes the measures set out in the by. 3, al. ((b) (ii), of this article.
5. other humanitarian missions and missions of inquiry) this paragraph applies to the following missions, insofar as they are not covered by the by. 2 to 4 of this article, when they carry out tasks in a conflict zone, or whether to provide assistance to the victims of a conflict: i) any mission to humanitarian character of a national society of the Red Cross or Red Crescent or the International Federation of these companies; ii) any mission of an impartial organization humanitarian nature, including any impartial humanitarian demining mission; iii) any mission of inquiry established pursuant to the provisions of the Geneva Conventions of 12 August 1949 and, where applicable, in accordance with the additional protocols to these Conventions.
(b) each high contracting or every party involved in a dispute, if it is requested by the head of a mission to which this paragraph applies, and as much as possible:
(i) protection to the staff of the mission described in the by. 2, al. (b) i), of this section; ii) takes the measures set out in the by. 3, al. ((b) (ii), of this article.
6. confidentiality all information provided in confidence pursuant to the provisions of this article should be treated in a strictly confidential by the person who receives them and should not be disclosed to anyone who does not or is not associated with the force or mission considered without the express permission of those who provided.
((7. respect for laws and regulations without prejudice to privileges and immunities which they may enjoy or to the requirements of their functions, the members of the forces and missions referred to in this article: a) respect the laws and regulations of the host State; b) refrain from any action or activity incompatible with the impartial and international nature of their duties.
RS 0.518.521 and 0.518.522 art. 13 consultations of High Contracting Parties 1. The High Contracting Parties undertake to consult and cooperate among themselves with respect to all questions concerning the operation of this Protocol. To this end, a conference of the High Contracting Parties is held each year.
2. participation in the annual conferences is governed by the rules of procedure adopted for them.
3. among other things, the conference: a) to review the operation and status of this Protocol; b) examines the issues raised by the reports submitted by the High Contracting Parties in accordance with the by. (4 of the present article, c) prepares the review conferences; d) examines the evolution of the technologies in order to protect the civilian population from the effects of mines that hit without discrimination.
4. the High Contracting Parties provide to the depositary, which ensures distribution to all Parties before the conference, annual reports on one any of the following questions: a) the dissemination of information on this Protocol to their armed forces and to the civilian population; b) demining and rehabilitation programs; c) steps taken to meet technical requirements of the Protocol and any other useful information is relative; d) legislative texts related with (the Protocol; e) the measures taken concerning the international exchange of technical information, international cooperation for mine clearance as well as the cooperation and technical assistance; f) other relevant points.
5. the costs of the conference are covered by the High Contracting Parties and the States participating in the work of the conference without be parties, according to the scale of assessments of the United Nations, duly adjusted.
Art. 14 Annex compliance technical appendix danger Signal for areas where mines have been placed 1. Each High Contracting Party will take all appropriate legislative and other measures, to prevent and suppress violations of the provisions of the present Protocol that would be committed by individuals or in places under its jurisdiction or sound control.
2. the measures referred to in the by. 1 of this article include the measures required to ensure that anyone intentionally, kills or seriously injured civilians in an armed conflict and contrary to the provisions of this Protocol, be liable to criminal sanctions and be brought to justice.
3. each High Contracting Party requires in addition that its armed forces establish and make known the military instructions and operating procedures required and that members of the armed forces receive, each according to its duties and responsibilities, training in respect of the provisions of this Protocol.
4. the High Contracting Parties undertake to consult and co-operate with each other bilaterally, through the Secretary-General of the United Nations or following other appropriate international procedures, to resolve all problems that might arise concerning the interpretation and application of the provisions of this Protocol.
Technical annex 1. (Check-in) recording of the location of mines other than those that are implemented remotely, minefields, mined areas, traps and other devices must be carried out in accordance with the following provisions: i) the location of minefields, mined areas and areas where have been put in place traps and other devices is indicated precisely compared to the coordinates of at least two reference points (, with the dimensions estimated the area containing these weapons compared to those reference points; ii) maps, sketches and other documents are established to indicate the location of the minefields, mined areas, traps and other devices with reference points; their scope and their scope are also provided; iii) for the purpose of detection and removal of mines, traps and other devices, maps, sketches, or other documents contain complete information on the type, number, the method of establishment, the type of lighter and life, the date and time of laying, anti-handling (if any) and other relevant information respect to all the weapons posed; whenever possible, the document on a mine field must indicate the exact location of every mine, except for the fields where mines are arranged in rows, in which case the location of the rows is enough; the exact location and the mechanism of operation of each trap are recorded separately.
(b) the location and extent estimated the area where mines implemented remotely should be indicated compared with the coordinates of points of reference (in principle the points located in the corners), then audited and, when possible, marked on the ground at the earliest opportunity. (Total and type of mines laid, date and time of laying and the self-destruction time must also be enregistres.c) copies of documents must be kept at a command level high enough to ensure as much as possible their securite.d) the use of mines produced after the entry into force of the present Protocol is prohibited unless they wear the following (((, in English or in the national language: i) name of the country of origin; ii) month and year of manufacturing; iii) serial number or lot number.
These indications should be visible, legible, durable and resistant to environmental effects, as far as possible.
2. specifications for detectability has) II should be incorporated in the structure of the anti-personnel mines manufactured after January 1, 1997 a material or a device that makes the mine detectable using hardware current detection of mines and which emits a signal in return equivalent to 8 grams of iron or more forming a mass single coherente.b) must be incorporated into the structure of the anti-personnel mines produced before January 1, 1997 or It must be attached to these mines before their implementation, in a way that knew difficult withdrawal, a material or a device that makes the mine detectable using hardware current detection mines and which emits a signal in return equivalent to 8 grams of iron or more forming a mass single coherente.c) in case a high contracting party deems that it cannot immediately comply with the provision of para. (b), it may declare at the time when it shall notify its consent to be bound by this Protocol, that it will differ in respect for a period not to exceed nine years from the entry into force of the Protocol. In the meantime, it will limit, as much as possible, the use of anti-personnel mines not comply with this provision.
3. specifications on self-destruction and self-deactivation the has) landmines implemented remotely must be designed and manufactured so that there is more than 10% of activated mines that don't destroy themselves within 30 days of the establishment. Each mine must also be provided with a supplementary scheme of self-deactivation designed and made so that, because of its operation combined with that of the designed-tion mechanism, there is not more than one mine enabled on 1000 that works as a mine 120 days after the place.b again) all anti-personnel mines which are not implemented remotely and are used outside marked areas as they are defined in art. 5 of the present Protocol, must meet the requirements for self-destruction and the self-deactivation stated in para. (a) .c) in case a high contracting party deems that it cannot immediately comply with the provisions of paras. (a) and/or (b), it may declare at the time when it shall notify its consent to be bound by this Protocol, that, with regard to mines manufactured before the entry into force of the Protocol, it will differ those provisions for a period to exceed not nine years from the date of the entry into force. During this period, the High Contracting Party:
((i) agrees to limit, as much as possible, the use of anti-personnel mines in line with these provisions; ii) meets the requirements for self-destruction or those concerning the self-deactivation in the case of anti-personnel mines implemented remotely and, at a minimum, meets the requirements for self-deactivation in the case of other anti-personnel mines.
4. International signs for the fields of mines and mined areas of similar to the example in the Appendix and signals as described below should be used to mark minefields and mined areas so that these fields and areas can be seen and recognized by the civilian population.
((a) size and shape: triangle having one side of at least 28 centimeters (11 inches) and the other two at least 20 centimetres (7.9 inches), or at least 15 centimeters (6 inches) square aside; b) colour: red or orange with an edge reflecting yellow; c) symbol: symbol represented in the appendix or another symbol which, in the area where the signal should be installed ((, is easily recognizable as indicating a danger zone; d) language: the signal should include the word "mines" in one of the six languages of the Convention (English, Arabic, Chinese, English, french and Russian) and in the language dominant in the region; e) spacing: the signs should be placed around the field of mines or an area mined at a sufficient distance to be able to be seen at any point by a civilian approaching the area. Appendix danger Signal for areas where mines have been placed new content according to art. 1 the prot. Add. on 3 May 1996, approved by SSA. fed. Dec. 8. 1997 and in force for Switzerland since 3 dec. 1998 (RO 2004-341, 2003-4085; FF 1997 IV 1).
Protocol III Protocol on prohibition or restrictions on the use of incendiary weapons art. 1 definitions for the purposes of this Protocol: 1. means "Incendiary weapon" any weapon or ammunition primarily designed to set fire to objects or to inflict burns to persons through the action of flame, heat or a combination of the flames and heat, give off a chemical substance released on the target.
((a) incendiary weapons may take the form, for example, flamethrowers, of focaccia, shells, rockets, grenades, mines, bombs and other containers of incendiary substances; b) incendiary weapons do not include: i) the ammunition that may have incidental incendiary effects, for example, flares, tracers, smoke ammunition or signalling systems; ii) munitions which are designed to combine the effects of penetration blast or fragmentation with an incendiary effect, for example the AP projectiles, fragmentation shells, explosive bombs and similar combined effects ammunition where the incendiary effect not expressly intended to inflict burns to people, but must be used against military objectives, such as armoured vehicles, aircraft and facilities or means of logistic support.
2. it means "concentration of civilians" a concentration of civilians, whether permanent or temporary, as there are in the inhabited parts of the cities or towns inhabited villages or as those camps and the columns of refugees or evacuees, or groups of nomads.
3 means "military objective", where goods are concerned, any who by its nature, its location, its destination, or its use brings a contribution to military action and whose total or partial destruction, capture or neutralization in this case an advantage Member precis.4. "Civilian goods" means all goods which are not military objectives in the sense of the by. 3.5 refers to "feasible precautions" precautions which are practicable or practically can take given all the conditions of the time, including humanitarian and military considerations.
Art. 2 protection of civilians and civilian property 1. It is prohibited in all circumstances to civilians as such, individual civilians or civilian property the object of attack by incendiary weapons.
2. it is prohibited in all circumstances to make a military objective located within a concentration of civilians the object of attack by incendiary weapons launched by aircraft.
3. it is forbidden also to do a military objective located within a concentration of civilians the object of attack by incendiary weapons other than incendiary weapons launched by aircraft, except when such a military target is far away from the concentration of civilians and when all possible precautions have been taken to limit the effects of inflammatory to the military objective and to avoid , and in any case, minimize, caused the accidental loss of life among the civilian population, injuries that could be caused to civilians and damage to civilian property.
4. it is forbidden to submit the forests and other types of vegetation cover to attack by incendiary weapons except if these natural elements are used to cover, conceal or camouflage combatants or other military objectives, or are themselves military objectives.
Protocol IV Protocol on arms to blinding laser art. 1 II is prohibited to employ laser weapons specifically designed in such a way that their only function in combat or one of their combat functions either cause the permanent blindness in people whose vision is not improved, i.e. looking for free naked or who wear glasses. The High Contracting Parties do not transfer such weapons to any State or to any entity other than a State.
Art. 2. in the employment of laser systems, the High Contracting Parties take all feasible precautions to prevent permanent blindness in people whose vision is not improved. Such precautions include training of their armed forces and other practical measures.
Art. 3. blindness as an effect, accidental or collateral of the legitimate military employment of laser systems, including laser systems used against optical devices, is not covered by the prohibition laid down in the present Protocol.
Art. 4 for the purposes of this Protocol, "permanent blindness" means a loss of irreversible and not correctable vision which is seriously disabling with no prospect of recovery. A serious disability is equivalent to less than 20/200 acuity, measured to the eyes using the Snellen test.
Scope may 31, 2013 States parties Ratification, accession (A) Declaration of estate (S) entry into force 13 September 1995 South Africa has 13 March 1996 Albania 28 August 2002 has February 28, 2003 Germany 25 November 1992 25 may Antigua and Barbuda 28 August 1993 2010 A 23 February 2011 Saudi Arabia 7 December 2007 to 7 June 2008 Argentina 2 October 1995 2 April Australia 29 September 1996 1983 29 March Austria 14 March 1984 1983 December 2
1983 Bangladesh 6 September 2000 6 March 2001 Belarus June 23, 1982 December 2, 1983 Belgium 7 February 1995 7 August 1995 Benin March 27, 1989 has 27 September 1989 Bolivia September 21, 2001 March 21, 2002 Burundi July 13, 2012 has 13 January 2013 Bosnia and Herzegovina 1 September 1993 S 6 March 1992 Brazil 3 October 1995 has 3 April 1996 Bulgaria 15 October 1982 2 December 1983 Burkina Faso 26 November 2003 A May 26
2004 Cambodia March 25, 1997 September 25, 1997 Cameroon December 7, 2006 was June 7, 2007 Canada June 24, 1994 December 24, 1994 Cape Town - Green 16 September 1997 has 16 March 1998 Chile 15 October 2003 15 April 2004 China April 7, 1982 2 December 1983 Cyprus 12 December 1988 12 June 1989 Colombia 6 March 2000 has 6 September 2000 (South) Korea 9 May 2001 has 9 November 2001 Costa Rica December 17, 1998 to June 17, 1999
Croatia 2 December 1993 S 8 October 1991 Cuba March 2, 1987 September 2, 1987 Denmark July 7, 1982 2 December 1983 Djibouti 29 July 1996 A January 29, 1997 El El Salvador 26 January 2000 has July 26, 2000 United Arab Emirates United 26 February 2009 August 26, 2009 Ecuador 4 May 1982 2 December 1983 Spain 29 December 1993 June 29, 1994 United States March 24, 1995 September 24, 1995 Estonia April 20, 2000 has October 20, 2000 Finland 8 April 1982 December 2, 1983 France March 4, 1988 September 4, 1988 Gabon October 1, 2007 April 1, 2008 Georgia 29 April 1996 has 29 October 1996 Greece 28 January 1992 28 July 1992 Guatemala 21 July 1983 has 21 January 1984 Guinea - Bissau August 6, 2008 was February 6, 2009 Honduras October 30, 2003 April 30, 2004 Hungary June 14, 1982 2 December 1983 India March 1, 1984 1 September 1984 Ireland March 13, 1995 September 13, 1995
Iceland 22 August 2008 22 February 2009 Israel * 22 March 1995 September 22, 1995 Italy 20 January 1995 July 20, 1995 25 September 2008 Jamaica has 25 March 2009 Japan June 9, 1982 2 December 1983 Jordan October 19, 1995 was April 19, 1996
Kazakhstan 8 July 2009 January 8, 2010 Laos 3 January 1983 has 2 December 1983 Lesotho 6 September 2000 6 March 2001 Latvia 4 January 1993 has 4 July 1993 Liberia 16 September 2005 16 March 2006 Liechtenstein 16 August 1989 16 February 1990 Lithuania 3 June 1998 has 3 December 1998 Luxembourg 21 May 1996 21 November 1996 Macedonia 30 December 1996 S November 17, 1991 Madagascar 14 March 2008 has 14 September 2008 Maldives 7 September 2000 7 March 2001 Mali 24 October 2001 has 24 April 2002 Malta 26 June 1995 December 26, 1995 Morocco March 19, 2002 September 19, 2002 Maurice 6 May 1996 has 6 November 1996 Mexico February 11, 1982 2 December 1983 Moldova September 8, 2000 March 8, 2001 Monaco 12 August 1997 was February 12, 1998 Mongolia June 8, 1982 2 December 1983 Montenegro 23 October 2006 S 3 June 2006 Nauru 12 November 2001 has 12 May 2002 Nicaragua 5 December 2000 5 June 2001 Niger 10 November 1992 A 10 May 1993 Norway 7 June 1983 7 December 1983 New Zealand 18 October 1993 April 18, 1994 Uganda 14 November 1995 14 May 1996 Uzbekistan 29 September 1997 has 29 March 1998 Pakistan April 1, 1985 October 1, 1985 Panama 26 March 1997 September 26, 1997 Paraguay September 22, 2004 was March 22, 2005 Netherlands 18 June 1987 18 December 1987 Peru July 3
1997 to 3 January 1998 Philippines 15 July 1996 15 January 1997 Poland June 2, 1983 2 December 1983 Portugal April 4, 1997 4 October 1997 Qatar November 16, 2009 A May 16, 2010 Dominican Republic 24 June 2010 December 21, 2010 Czech Republic 22 February 1993 1 January 1993 Romania July 26, 1995 S 26 January 1996 United Kingdom 13 February 1995 August 13, 1995 Russia June 10, 1982 2 December 1983 Holy See 22 July 1997 A January 22, 1998
St. Vincent and the Grenadines December 6, 2010 was June 6, 2011 South Africa 29 November 1999a may 29, 2000 Serbia March 12, 2001 S 27 April 1992 Seychelles 8 June 2000 A December 8, 2000 Sierra Leone September 30, 2004 March 30, 2005 Slovakia 28 May 1993 S January 1, 1993 Slovenia 6 July 1992 25 June 1991 Sri Lanka 24 September 2004 was March 24, 2005 Sweden July 7, 1982 2 December 1983 Switzerland August 20, 1982 December 2, 1983
Tajikistan 12 October 1999 was April 12, 2000 Togo 4 December 1995 4 June 1996 Tunisia 15 May 1987 November 15, 1987 Turkmenistan March 19, 2004 was September 19, 2004 Turkey March 2, 2005 September 2, 2005 Ukraine June 23, 1982 2 December 1983 Uruguay 6 October 1994 6 April 1995 Venezuela 19 April 2005 has 19 October 2005 reservations and declarations.
Reservations, declarations and objections are not published to the RO. Texts in french and English will be available at the United Nations Internet site address: http://treaties.un.org/ or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.
This State has not consented to be bound by Protocol II.
This State has not consented to be bound by Protocol III.
This State did not consent to be bound by Protocol I.
This State has accepted protocol III with effect on July 21, 2009.
For the Kingdom in Europe.
Introduced by art. 1 the prot. Add. of 13 October. 1995, approved by SSA. fed. Dec. 8. 1997 and in force for Switzerland since the 24 seven. 1998 (RO 2003-4087-4085; FF 1997 IV 1).
RO 1983 1499, 1986 827, 1989, 291, 1990-1195, 2003 4419, 2005 4783, 2009 3875, 2010 2265, 2013 2089. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
1983 1499 RO; FF 1981 III 273 Conv. consolidated: the Prot. of 13 October. 1995 (RS 0.515.091.1; RO 2003 4087) and on 3 May 1996 (RS 0.515.091.2; RO 2004 341) and AOS. Dec 21. 2001 (SR 0.515.091.3; (RO 2004 3953), effective for the Switzerland, have been inserted in the Conv. They do that regulate relations between States having ratified them. Therefore see their fields of applications in the RS texts cited in parenthesis.
RO 1983 1497 RS 0.120 State 31 May 2013