American transfer of anti-personnel mines to Ukraine is illegal and must be reversed
The US decision to transfer internationally banned anti-personnel mines to Ukraine does not only go against its own U.S. Anti-Personnel Landmine Policy, but is a desperate measure pushing Ukraine to breach international law. States and militaries know full well the lack of military utility and grave humanitarian impacts of antipersonnel mines.
“The Anti-Personnel Mine Ban Convention (APMBC) is a cornerstone of international humanitarian law. It came out of the documented disaster we witnessed in the 90s with pandemic use of antipersonnel mines, high numbers of civilian casualties and grave humanitarian impact completely out of control”, says secretary general of Norwegian People’s Aid, Raymond Johansen.
“The APMBC put a stop to the exponential rise in civilian casualties and the grave humanitarian crisis caused by these indiscriminate weapons. The Convention’s almost universal acceptance with 164 states parties and even wider reach through contributing to the strong stigmatization of these weapons speaks to its success. Norwegian People’s Aid is convinced that the APMBC will remain strong”, says Johansen.
As one of the largest international operators, NPA has witnessed first-hand the horrendous and long-lasting impact of anti-personnel mines, which we are still clearing around the world today. Antipersonnel mines do very little to stop military advancements, but do indiscriminately kill and maim civilians both during a conflict and for generations after it has ended; they block humanitarian access, prevent the return of displaced populations and refugees back to their homes, hinder reconstruction and development efforts and inhibit possibilities of creating sustainable livelihoods.
“The argument that the antipersonnel mines the US wants to support Ukraine with are equipped with a technology that supposedly makes them seize to function once the battery is out, is unfounded and has been put to rest decades ago. One cannot invent its way out of a weapon that causes unacceptable harm, hence the weapon is banned”, says Johansen.
As a state party to the APMBC, Ukraine can neither accept nor use anti-personnel mines, as this would be illegal under international law. No other state party can facilitate the transfer of antipersonnel mines to Ukraine, as that would be illegal for them, as well, which makes the transfer of the said antipersonnel mines through the usual transfer routes US has been using to Ukraine, virtually impossible.
“Other state parties, including Norway, have a legal obligation under the treaty to protect all its provisions, and we expect them to condemn and demand reversal of this terrible decision of the Biden administration”, states Johansen.
Weapon transfers to Ukraine should not consist of old stockpiles of banned weapons with grave humanitarian impact, to conveniently get rid of while pretending to provide support.