The decision of the US government to transfer anti-personnel (AP) mines to Ukraine is deeply disappointing. It represents a reversal of the commitment made two years ago to not use or produce AP mines outside of the Korean peninsula and to align itself with the Anti Personnel Mine Ban Convention, or Ottawa Treaty, with the ultimate aim of becoming a signatory. Transfer or use of AP mines also means that Ukraine would be in breach of its obligations as a party to the treaty.
While the types of AP mines which would be used in Ukraine are described as non-persistent, that does not mean they are harmless. All landmines are indiscriminate and have the potential to cause civilian harm. They would still have an impact on local populations, both psychologically and in relation to land use and food security. Once laid, these mines would still have to be treated as potentially lethal when the day eventually came to clear them. Such clearance would be expensive and time-consuming, especially since the devices could be surrounded by other explosive hazards.
Their use would come on top of existing massive contamination in Ukraine, which is already thought to be the most landmine-contaminated country in the world. The precise extent of that contamination is unknown but we know that both anti-personnel and anti-vehicle or anti-tank mines have been used extensively. Yuliia Svyrydenko, First Deputy Prime Minister of Ukraine and Minister of Economy, said recently that an area larger than the size of England, more than 25 per cent of Ukraine, or more than 139,000 square kilometres, needs to be surveyed for landmines and explosive remnants of war.
The transfer of AP Mines would also represent an undermining of a broad framework of principles and norms that address the human suffering caused by armed conflicts, including customary International Humanitarian Law, binding on all parties. These principles and norms are unambiguous, and the international community has repeatedly confirmed that the freedom to choose the type of weapon to use in an armed conflict is limited by considerations of humanity, including those protecting civilians or limiting ‘superfluous injury or unnecessary suffering’.
On the eve of the Fifth Review Conference of the Treaty, being held next week in Cambodia, there will no doubt be significant dialogue on this development and States Parties must focus on how the norms of the Treaty can be protected and reinforced. We hope there will also be space to recognise the progress that has been made elsewhere.
Everyone accepts there are no comfortable choices for Ukraine as it faces an existential threat. We should never forget the origins of the conflict or the admirable progress Ukrainian authorities have made in addressing the challenge of landmine contamination and the impact of landmines on its communities. It must be also acknowledged that the US is the world’s biggest donor to humanitarian mine action and has made a huge difference to the lives of tens of millions of people over the years, freeing them from fear and enabling communities to recover from conflict.
But the use of anti-personnel landmines of any kind, by any party and at any time, is and always will be unacceptable.
