On July 18, Ukraine formally informed the United Nations that it has suspended its operation of the 1997 Mine Ban Treaty, the landmark international treaty prohibiting antipersonnel landmines. The action puts civilians at risk, undermines fundamental humanitarian and legal norms, and is contrary to public international law.
The Mine Ban Treaty comprehensively prohibits antipersonnel mines and requires countries to destroy their stockpiles, clear mined areas, and help landmine victims. A total of 166 countries have ratified it, including Ukraine.
Antipersonnel mines are unacceptable weapons due to their inherently indiscriminate nature and the long-lasting harm caused to civilians. Civilians – especially children – are overwhelmingly the victims of antipersonnel mines.
The Ukrainian government introduced, adopted, and signed its law on the suspension of the Mine Ban Treaty earlier this month over a matter of days and with no public consultation. The law states that the action “to suspend the operation” of the Mine Ban Treaty is “guided by the provisions of Article 62 of the Vienna Convention on the Law of Treaties.”
Under article 62, a party to a treaty may invoke “a fundamental change of circumstances” as “a ground for suspending the operation of the treaty.” However, according to article 73 and commentaries on the Vienna Convention, the convention does not cover armed conflict situations and thus article 62 is not relevant here. In addition, the Mine Ban Treaty cannot be suspended during armed conflict because it is specifically designed to apply during those situations.
While withdrawals from the Mine Ban Treaty are permitted, they only take effect six months after the state formally submits its notice to the UN. Under the terms of the treaty, if a state party is engaged in armed conflict at the end of that six-month period, it cannot withdraw from the treaty before the conflict’s end.
International law creates obligations on states. Ukraine is at war and facing an existential threat from Russia, a country that uses antipersonnel mines without regard to international humanitarian law and with callous disregard for civilian harm. But the Mine Ban Treaty is not subject to reservations and does not allow states parties to suspend, pause, or otherwise halt their adherence to the treaty’s provisions in times of armed conflict.
The Mine Ban Treaty was established to “put an end to the suffering and casualties” caused by antipersonnel landmines. Those concerns have not diminished. The treaty remains a vital and highly effective multilateral instrument that should be respected and adhered to at all times.
