A/HRC/42/CRP.5
where their incidental harm to civilians may not be proportionate. 1395 Particular care must
be taken to minimize the indiscriminate effects of landmines. 1396 Parties using landmines
should also record their placement, as far as possible,1397 and at the end of active hostilities
they must remove or otherwise render them harmless to civilians or facilitate their
removal.1398 The removal of ERWs is the most reliable way of eliminating the risks they
pose to civilians.1399
581. Myanmar is not a party to international treaties that impose the strongest obligations
in relation to landmines and IEDs. Several EAOs have committed themselves to a total ban
on anti-personnel mines; to cooperate in and undertake stockpile destruction, mine
clearance, victim assistance, mine awareness and other forms of mine action; and to allow
the monitoring of their compliance with those commitments by independent international
and national organizations.1400 The Tatmadaw has not made these or similar commitments.
582. The impact that landmines, IEDs and ERWs have on civilians and the civilian
population requires further investigation, as do issues of which parties to armed conflict are
using which types of these weapons, how and where. The potential long-term economic
consequences of the contamination in northern Myanmar also require further research.
Nonetheless, Tatmadaw should have cleared the explosive ordnance that remained after its
August 2018 attack in Tanai Township if it had control over the area, especially because the
1394
1395
1396
1397
1398
1399
1400
156
See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I:
Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 81 (restrictions on the use of
landmines).
See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I:
Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 14 (proportionality in attack).
See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I:
Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 81 (restrictions on the use of
landmines).
See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I:
Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 82 (recording of the placement of
landmines).
See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I:
Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 82 (removal or neutralization of
landmines).
ICRC, Explosive Remnants of War, December 2014, p. 8, available at https://shop.icrc.org/les-restesexplosifs-de-guerre.html?___store=default&_ga=2.147221111.1782786223.1566837041393792907.1554963273
See, Arakan Rohingya National Organisation/Rohingya National Army (ARNO/RLA), Deed of
Commitment under Geneva Call for Adherence to a Total Ban on Anti-Personnel Mines and for
Cooperation in Mine Action, 17 October 2003. Available:
http://theirwords.org/media/transfer/doc/sc_mm_arno_rla_2003_0238d8ba37802633e9da6c6d2b215dd838.pdf; National United Party of Arakan/Arakan Army
(NUPA/AA), Deed of Commitment under Geneva Call for Adherence to a Total Ban on AntiPersonnel Mines and for Cooperation in Mine Action, 17 October 2003. Available:
http://theirwords.org/media/transfer/doc/sc_mm_nupa_aa_2003_0346624f4e6a94a49b8e1e1c0970d32a88.pdf; Lahu Democratic Front (LDF), Deed of Commitment
under Geneva Call for Adherence to a total Ban on Anti-personnel Mines and for Cooperation in
Mine Action, 16 April 2007, Available:
http://theirwords.org/media/transfer/doc/sc_mm_ldf_2007_214ed0eb17fb6c940b15ce82f746244ea9.pdf; Palaung State Liberation Front (PSLF), Deed of
Commitment under Geneva Call for Adherence to a total Ban on Anti-personnel Mines and for
Cooperation in Mine Action, 16 April 2007. Available:
http://theirwords.org/media/transfer/doc/sc_mm_pslf_2007_2340ba30b4693fd4182df389522f7ee628.pdf; Pa’O Peoples’ Liberation Organisation/Pa’O Peoples’
Liberation Army (PPLO/PPLA), Deed of Commitment under Geneva Call for Adherence to a total
Ban on Anti-personnel Mines and for Cooperation in Mine Action, 16 April 2007. Available:
http://theirwords.org/media/transfer/doc/sc_mm_pplo_ppla_2007_25cada96759703657a6735fd5ba8c975a7.pdf. See, also, National Democratic Front (NDF), Position
Statement by NDF on Landmine Use, 29 January 2007. Available:
http://theirwords.org/media/transfer/doc/1_mm_ndf_2007_040c86d6574dd452a98a61c70eac96bf75.pdf
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