472-(8)

II SÉRIE-A — NÚMERO 21

11 — Effective advance Warning shall be giVer. Of ally emplacement of mines, booby-traps and other devices

which may affect the civilian population, unless circumstances do not permit.

Article 4

Restrictions on the use of anti-personnel mines

It is prohibited to use anti-personnel mines which are not detectable, as specified in paragraph 2 of the tecnhical annex.

Article 5

Restrictions on tbe use of anti-personnel mines other than remotely-delivered mines

1 — This article applies to anti-personnel mines other than remotely-delivered mines.

2 — It is prohibited to use weapons to which this article applies which are not in compliance with the provisions on self-destruction and self-deactivation in the technical annex, unless:

a) Such weapons are placed within a perimeter-marked area which is monitored by military personnel and protected by fencing or other means,

, to ensure the effective exclusion of civilians from the area. The marking must be of a distinct and durable character and must at least be visible to a person who is about to enter the perimeter-marked area; and

b) Such weapons are cleared before the area is abandoned, unless the area is turned over to the forces of another State which accept responsibility for the maintenance of the protections required by this article and the subsequent clearance of those weapons.

3 — A party to a conflict is relieved from further compliance with the provisions of subparagraphs 2, a), and 2, b), of this article only if such compliance is not feasible due to forcible loss of control of the area as a result of enemy military action, including situations where direct enemy military action makes it impossible to comply. If that party regains control of the area, it shall resume compliance with the provisions of subparagraphs 2, a), and 2, b), of this article.

4 — If the forces of a party to a conflict gain control of an area in which weapons to which this article applies have been laid, such forces shall, to maximum extent feasible, maintain and, if necessary, establish the protections required by this article until such weapons have been cleared.

5 — All feasible measures shall be taken to prevent the unauthorized removal, defacement, destruction or concealment of any device, system or material used to establish the perimeter of a perimeter-marked area.

6 — Weapons to which this article applies which propel fragments in a horizontal arc of less than 90 degrees and which are placed on or above the ground may be used without the measures provided for in subparagraph 2, a), of this article for a maximum period of 72 hours, if:

a) They are located in immediate proximity to the military unit that emplaced them; and

b) The area is monitored by military personnel to ensure the effective exclusion of civilians.

Article 6-

Restrictions on the use of remotely-delivered mines

1 — It is prohibited to use remotely-delivered mines

unless they, are recorded in accordance with subparagraph 1, b), of the technical annex.

2 — It is prohibited to use remotely-delivered antipersonnel mines which are not in compliance with provisions on self-destruction and self-deactivation in the technical annex.

3 — It is prohibited to use remotely-delivered mines other than anti-personnel mines, unless, to the extent feasible, they are equipped with an effective self-destruction or self-neutralization mechanism and have a back-up self-deactivation feature, which is designed so that the mine will no longer function as a mine when the mine no longer serves the military purpose for which it was placed in position.

4 — Effective advance warning shall be given of any delivery or dropping of remotely-delivered mines which may affect the civilian population, unless circumstances do not permit.

Article 7

Prohibitions on the use of booby-traps and other devices

1 — Without prejudice to the rules of international law applicable in armed conflict relating to treachery and perfidy, it is prohibited in all circumstances to use booby-traps and other devices which are in any way attached to or associated with:

a) Internationally recognized protective emblems, signs or signals;

b) Sick, wounded or dead persons;

c) Burial or cremation sites or graves;

d) Medical facilities, medical equipment, medical supplies or medical transportation;

e) Children's toys or other portable objects or products specially designed for the feeding, health, hygiene, clothing or education of children;

f) Food or drink;

g) Kitchen utensils or appliances except in military establishments, military locations or military supply depots;

h) Objects clearly of a religious nature;

i) Historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of people; or

/) Animals or their carcasses.

2 — It is prohibited to use booby-traps or other devices in the form of apparently harmless portable objects which are specifically designed and constructed to contain explosive material.

3 — Without prejudice to the provisions of article 3, it is prohibited to use weapons to which this article applies in any city, town, village or other area containing a similar concentration of civilians in which combat between ground forces is not taking place or does not appear to be imminent, unless either:

a) They are placed on or in the close vicinity of a military objective; or

b) Measures are taken to protect civilians from their effects, for example, the posting of warning sentries, the issuing of warnings or the provision of fences.