a. Legal unless used in an illegal manner (on a protected target or in a
manner calculated to cause unnecessary suffering).b. Unlawful if fragments are undetectable by X-ray (Protocol I, 1980
Conventional Weapons Treaty).c. Distinguish R2LP rounds (reduced ricochet, limited penetration). These
rounds do fragment, but only upon striking a hard surface, such as a ship's
hull, and not in the body.D. The following weapons and munitions are regulated not only by the principle
prohibiting unnecessary suffering, but also by specific treaty law. Most of the
applicable law is relatively new, dating from post-Geneva Protocol
implementation.
- Landmines. Lawful if properly used, however, regulated by a number of
different treaties. Keep in mind that while the U.S. has not signed all the
applicable treaties, many of our allies have, and therefore it is important to
understand what limitations our coalition partners may be facing and the
impact on U.S. operations.
a. The primary legal concern with landmines is that they violate the law of
war principle of discrimination. A landmine cannot tell if it is being
triggered by an enemy combatant or a member of the civilian population.b. When considering legal restrictions on landmines, three questions must be
answered:(1)What type of mine is it? Anti-personnel (APL), anti-tank, or anti-tank
with anti-handling device?(2)How is the mine delivered? Remotely or non-remotely?(3)Does it ever become inactive? Is it "smart" or "dumb?"c. The primary treaty that restricts U.S. use of mines is Amended Protocol- Amended Protocol I1 amends Protocol I1 to the Convention on
Prohibitions or Restrictions on the Use of Certain Conventional Weapons
(CCW). The Senate ratified and the President signed the amendment on
24 May 1999. Amended Protocol 11:
(1) Expands the scope of the original Protocol to include internal armed
conflicts;