3 DE DEZEMBRO DE1998

472-(7)

injure, and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act;

5) 'Other devices' means manuaHy-empIacerJ munitions and devices including improvised explosive

devices designed to kill, injure or damage and which are actuated manually, by remote control or automatically after a lapse of time;

6) 'Military objective' means, so far as objects are concerned, any object which by its nature, location, purpose or use makes an effective contribution to military action and whose,total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage;

7) 'Civilian objects' are all objects which are not military objectives as defined in paragraph 6 of this article;

8) 'Minefield' is a defined area in which mines have been emplaced and 'mined area' is an area which is dangerous due to the presence of mines. 'Phoney minefield' means an area free of mines that simulates a minefield. The term 'minefield' includes phoney minefields;

9) 'Recording' means a physical, administrative and technical operation designed to obtain, for the purpose of registration in official records, all available information facilitating the location of minefields, mined areas, mines, booby-traps and other devices;

10) 'Self-destruction mechanism' means an incorporated or externally attached automatically-functioning mechanism which secures the destruction of the munition into which it is incorporated or to which it is attached;

11) 'Self-neutralization mechanism' means an incorporated automatically-functioning mechanism which renders inoperable the munition into which it is incorporated;

12) 'Self-deactivating' means automatically rendering a munition inoperable by means of the irreversible exhaustion of a component, for example, a battery, that is essential to the operation of the munition;

13) 'Remote control' means control by commands from a distance;

14) 'Anti-handling device' means a device intended to protect a mine and which is part of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with the mine;

15) 'Transfer' involves, in addition to the physical movement of mines into or from national territory, the transfer of title to and control over the mines, but does not involve the transfer of territory containing emplaced mines.

Article 3

General restrictions on the use of mines, booby-traps and olher devices

1 — This article applies to:

a) Mines;

b) Booby-traps; and

c) Other devices.

2 — Each High Contracting Party or party to a conflict is, in accordance with the provisions of this Protocol, responsible for all mines, booby-traps, and other devices employed by it and undertakes to clear, remove, destroy

or maintain them as specified in article 10 of this

Protocol.

3 — It is prohibited in all circumstances to use any mine, booby-trap or other device which is designed or of a nature to cause superfluous injury or unnecessary suffering.

4 — Weapons to which this article applies shall strictly comply with the standards and limitations specified in the technical annex with respect to each particular category.

5 — It is prohibited to use mines, booby-traps or other devices which employ a mechanisnj or device specifically designed to detonate the munition by the presence of commonly available mine detectors as a result of their magnetic or other non-contact influence during normal use in detection operations.

6 — It is prohibited to use a self-deactivating mine equipped with an anti-handling device that is designed in such a manner that the anti-handling device is capable of functioning after the mine has ceased to be capable of functioning.

7 — It is prohibited in all circumstances to direct weapons to which this article applies, either in offence, defence or by way of reprisals, against the civilian population as such or against individual civilians or civilian objects.

8 — The indiscriminate use of weapons to which this article applies is prohibited. Indiscriminate use is any placement of such weapons:

a) Which is not on, or directed against, a military objective. In case of doubt as to whether an object which is normally dedicated to civilian purposes, such "as a place of worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used;

b) Which employs a method or means of delivery which cannot be directed at a specific military objective; or

c) Which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

9 — Several clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects are not to be treated as a single military objective.

10 — All feasible precautions shall be taken to protect civilians from the effects of weapons to which this article applies. Feasible precautions are those precautions which are practicable or practicable possible taking into account all circumstances ruling at the time, including humanitarian and military considerations. These circumstances include, but-are not limited to:

a) The short and long-term effect of mines upon the local civilian population for the duration of the minefield;

b) Possible measures to protect civilians (for example, fencing, signs, warning and monitoring);

c) The availability and feasibility of using alternatives; and

d) The short and long-therm military requirements for a minefield.