The information found below is provided by the United
Nations Disarmament Commission, which maintains detailed records on the
status of multilateral arms agreements at the following site: http://disarmament.un.org/TreatyStatus.nsf
Signatures affixed on the original of the Convention deposited with the
Secretary-General of the United Nations.
(ii) Instruments of ratification, acceptance (A), approval (AA), accession
(a) and succession (s) deposited with the Secretary-General of the United
"Signature" or "Deposit" indicates that the action
has not been taken.
acceptance pursuant to article
4, para.3 and 4 protocols
United States of America
8 April 1982*
24 March 1995**
24 May 1999***
* With the
"The United States Government welcomes the adoption of this Convention,
and hopes that all States will give the most serious consideration to
ratification or accession. We believe that the Convention represents a
positive step forward in efforts to minimize injury or damage to the civilian
population in time of armed conflict. Our signature of this Convention
reflects the general willingness of the United States to adopt practical
and reasonable provisions concerning the conduct of military operations,
for the purpose of protecting noncombatants.
the same time, we want to emphasize that formal adherence by States to
agreements restricting the use of weapons in armed conflict would be of
little purpose if the parties were not firmly committed to taking every
appropriate step to ensure compliance with those restrictions after their
entry into force. It would be the firm intention of the United States
and, we trust, all other parties to utilize the procedures and remedies
provided by this Convention, and by the general laws of war, to see to
it that all parties to the Convention meet their obligations under it.
The United States strongly supported proposals by other countries during
the Conference to include special procedures for dealing with compliance
matters, and reserves the right to propose at a later date additional
procedures and remedies, should this prove necessary, to deal with such
addition, the United States of course reserves the right, at the time
of ratification, to exercise the option provided by article 4(3) of the
Convention, and to make statements of understanding and/or reservations,
to the extent that it may deem that to be necessary to ensure that the
Convention and its Protocols conform to humanitarian and military requirements.
As indicated in the negotiating record of the 1980 Conference, the prohibitions
and restrictions contained in the Convention and its Protocols are of
course new contractual rules (with the exception of certain provisions
which restate existing international law) which will only bind States
upon their ratification of, or accession to, the Convention and their
consent to be bound by the Protocols in question."
** With the
following reservation, declaration and understandings:
Article 7 (4) (b) of the Convention shall not apply with respect to the
The United States declares, with reference to the scope of application
defined in article 1 of the Convention, that the United States will apply
the provisions of the Convention, Protocol I, and Protocol II to all armed
conflicts referred to in articles 2 and 3 common to the Geneva Conventions
for the Protection of War Victims of 12 August 1949.
The United States understands that article 6 (1) of Protocol II does not
prohibit the adaptation for use as booby-traps of portable objects created
for a purpose other than as a booby-trap if the adaptation does not violate
paragraph (1) (b) of the article.
The United States considers that the fourth paragraph of the preamble
to the Convention, which refers to the substance of provisions of article
35 (3) and article 55 (1) of Additional Protocol I to the Geneva Conventions
for the Protection of War Victims of 12 August 1949, applies only to States
which have accepted those provisions."
the following statement:
The Senate's advice and consent is subject to the following reservation:
United States reserves the right to use other devices (as defined in Article
2(5) of the Amended Mines Protocol) to destroy any stock of food or drink
that is judged likely to be used by an enemy military force, if due precautions
are taken for the safety of the civilian population."
The Senate's advice and consent is subject to the following understandings:
UNITED STATES COMPLIANCE. The United States understands that:-
any decision by any military commander, military personnel, or any other
person responsible for planning, authorizing, or executing military action
shall only be judged on the basis of that person's assessment of the information
reasonably available to the person at the time the person planned, authorized,
or executed the action under review, and shall not be judged on the basis
of information that comes to light after the action under review was taken;
Article 14 of the Amended Mines Protocol (insofar as it relates to penal
sanctions) shall apply only in a situation in which an individual--
knew or should have known, that his action was prohibited under the Amended
intended to kill or cause serious injury to a civilian; and
knew or should have known, that the person he intended to kill or cause
serious injury was a civilian.
EFFECTIVE EXCLUSION. The United States understands that, for the purposes
of Article 5(6)(b) of the Amended Mines Protocol, the maintenance of observation
over avenues of approach where mines subject to that Article are deployed
constitutes one acceptable form of monitoring to ensure the effective
exclusion of civilians.
HISTORIC MONUMENTS. The United States understands that Article 7(1)(i)
of the Amended Mines Protocol refers only to a limited class of objects
that, because of their clearly recognizable characteristics and because
of their widely recognized importance, constitute a part of the cultural
or spiritual heritage of peoples.
"(4) LEGITIMATE MILITARY OBJECTIVES. The United States understands
that an area of land itself can be a legitimate military objective for
the purpose of the use of landmines, if its neutralization or denial,
in the circumstances applicable at the time, offers a military advantage.
PEACE TREATIES. The United States understands that the allocation of responsibilities
for landmines in Article 5(2)(b) of the Amended Mines Protocol does not
preclude agreement, in connection with peace treaties or similar arrangements,
to allocate responsibilities under that Article in a manner that respects
the essential spirit and purpose of the Article.
BOOBY TRAPS AND OTHER DEVICES. For the purposes of the Amended Mines Protocol,
the United States understands that-
the prohibition contained in Article 7(2) of the Amended Mines Protocol
does not preclude the expedient adaptation or adaptation in advance of
other objects for use as booby-traps or other devices;
a trip-wired hand grenade shall be considered a "booby-trap"
under Article 2(4) of the Amended Mines Protocol and shall not be considered
a "mine" or an "anti-personnel mine" under Article
2(1) or Article 2(3), respectively; and
none of the provisions of the Amended Mines Protocol, including Article
2(5), applies to hand grenades other than trip-wired hand grenades.
"(7) NON-LETHAL CAPABILITIES. The United States understands that
nothing in the Amended Mines Protocol may be construed as restricting
or affecting in any way non-lethal weapon technology that is designed
to temporarily disable, stun, signal the presence of a person, or operate
in any other fashion, but not to cause permanent incapacity.
INTERNATIONAL TRIBUNAL JURISDICTION. The United States understands that
the provisions of Article 14 of the Amended Mines Protocol relating to
penal sanctions refer to measures by the authorities of States Parties
to the Protocol and do not authorize the trial of any person before an
international criminal tribunal. The United States shall not recognize
the jurisdiction of any international tribunal to prosecute a United States
citizen for a violation of the Protocol or the Convention on Conventional
TECHNICAL COOPERATION AND ASSISTANCE. The United States understands that-
no provision of the Protocol may be construed as affecting the discretion
of the United States to refuse assistance or to restrict or deny permission
for the export of equipment, material, or scientific or technological
information for any reason; and
the Amended Mines Protocol may not be used as a pretext for the transfer
of weapons technology or the provision of assistance to the military ining
or military counter-mining capabilities of a State Party to the Protocol."
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