Primov M.N., Primova M.N. —
Unified legal framework for restricting the turnover of landmine weapons
// International Law. – 2024. – ¹ 2.
– P. 1 - 15.
DOI: 10.25136/2644-5514.2024.2.71096
URL: https://en.e-notabene.ru/wl/article_71096.html
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Abstract: The dominance of the collective West caused by the liquidation of the USSR led to a sharp aggravation of the international situation, the emergence of new fierce local military conflicts with the massive use of landmine weapons. This entails the death and injury of both military personnel and civilians. The existing international treaties are practically not respected. The search for effective solutions in this area meets the basic needs of all peoples of the world, in contrast to the artificial problems of global projects of the collective West, implemented under the auspices of the WTO, IMF, IEF, WHO, and the World Bank. The obvious crisis of international humanitarian law reflects the state of international relations and makes the search for effective solutions to real humanitarian problems extremely relevant. The effectiveness of legal regulation is one of the main directions for solving the mine problem. Comparative analysis has shown that the very fact of the existence of two main treaties on landmine weapons, with different subject matter and composition of the participating States, objectively creates problems in the application and execution of these treaties. And the conducted generalization of reservations and statements made by individual parties to the treaties indicates that the latter may be aimed at non-fulfillment of these treaties. Within the framework of the two existing international mine action treaties, the obligation of their execution by the authors of the relevant novels is almost completely excluded. This conclusion is confirmed by the content of the relevant reservations, statements, and interpretations given in the work, which belong to the authorship of the States of the collective West. At the same time, it was the analysis of the relevant reservations and declarations that made it possible to formulate the main condition for international legal regulation in this area. As a solution to these problems, it is proposed to unify the regulation of the turnover of landmine weapons – the establishment of a unified concept of a mine action treaty based on the status of a party to an armed conflict. Another positive consequence of the existence of a single international treaty based on the prohibition of the use of landmine weapons on the territory of other States is the unification of the basic definitions of landmine weapons.
Primov M.N. —
International Legal Regulation of the Use of Landmine Weapons: Classification Problems
// International Law. – 2023. – ¹ 1.
– P. 10 - 26.
DOI: 10.25136/2644-5514.2023.1.39887
URL: https://en.e-notabene.ru/wl/article_39887.html
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Abstract: The article notes the increased urgency, due to the significant aggravation of the international situation, of solving problems related to the use of landmine weapons, the victims of which are not only military personnel, but also civilians. Despite the considerable efforts made over a long time and the agreements reached, the mine problem is still far from being resolved. Peaceful initiatives related to the implementation of the basic principles of international humanitarian law, its improvement, are still the main direction of activity of the modern State, which meets the basic needs of citizens, the purpose of which is to resolve conflicts at all levels. In modern conditions, peace initiatives that implement and develop previously reached agreements, including on the use of landmine weapons, are of particular importance. In this article, based on a comparison of the definitions of this weapon, the established restrictions, prohibitions on its use used in the two main acts of international humanitarian law on the mine problem, it is proposed to solve the issue related to the classification of landmine weapons used in the treaties, including anti-personnel mines. It seems obvious that the solution of this issue, the use of definitions that are uniform for treaties on similar issues, is an important initial condition that allows for objective control over the implementation of international agreements.