LANDMINE BAN TREATY, ITS EFFECTS ON MILITARY OPERATIONS AND POSSIBLE ALTERNATIVES
Introduction
1. In December 1997, a landmark treaty came into existence, which was the culmination of fourteen months of negotiation and diplomatic activity to usher in a ban on use, production, transfer and stockpiling of anti-personnel mines. The fast-track diplomatic approach which came to be known as the Ottawa Process, was conceived and implemented as the first step in tackling the issue of the wide spread usage of anti-personnel mines in international conflicts. The shift in the nature of conflict, from inter-state to intra-state, has led to the extensive and unrestricted usage of landmines in conflicts. This proliferation of landmines has created an international humanitarian crisis, the extent of which is emphasised only by the staggering numbers of persons injured or killed every year. In response to this humanitarian angle the international community began and endorsed the Ottawa Treaty, which had as its signatories 123 countries calling for ban on the anti-personnel mines.[1]
2. Since the mid 19th century, landmines have been integral to military operations. It was not until World War II, however, that anti-personnel mines reached full maturity. Landmines are vital battlefield tools to channel enemy forces into a specific area, or to defend flanks, restricted terrain, or border zones. In addition to these general uses, anti-personnel landmines play an extremely important role in protecting anti-tank or vehicular mines from being disabled or quickly breached by enemy forces.[2] What makes anti-personnel mines so abhorrent is the indiscriminate destruction they cause. Unlike bullets or artillery shells, mines cannot be aimed. They lie dormant until a person or animal triggers their detonating mechanism. Anti-personnel mines can not distinguished between the footfall of a soldier and that of a child. Those who survive the initial blast usually require amputations, long hospital stays and extensive rehabilitative services.[3]
The Essay on Mines Personnel Landmine
Anti-Personnel landmines have been used in many wars even though the users and makers know how horrible they are, and what they do to people that are innocent, and more so, know what they do to children. Unlike the eye of a soldier, a landmine cannot differentiate between a civilian and a soldier. Landmines have destroyed the lives of many people who had nothing to do with the reason that they ...
3. The moral imperative coupled with the image led Third World Country to join the International forum to following the global ban on anti-personnel mines on 07 May 1998. Under the terms of article 25 of the constitution, Third World Country is committed to pursue general and complete disarmament. Now, there is no ambiguity whether to accept, abstain or react against Landmine Ban Treaty. Further debate on right or wrong on the decision to sign the treaty is also over. Now it is turn to promulgate the clause of treaty. Third World Country has already ratified the treaty as well. However, few questions arise out of this decision, since Third World Country is one of the signatory of this treaty. How much the country is going to face the challenge out of this treaty? Whether it would be possible for the country to follow all the rules of treaty? Could there be viable alternatives for the country to combat the shortfall of this treaty? All these questions need to be addressed before the Parliament of Third World Country passes this treaty as a rule.
4. Anti-personnel mines are regulated under international humanitarian law both by existing custom and by treaty.[4] Although international humanitarian law and traditional military doctrine have laid down clear requirements for the ” responsible” use of anti-personnel mines, all too often these rules have not been implemented. Research conducted on behalf of the International Committee of the Red Cross (ICRC) by military experts has shown that in 26 conflicts since the beginning of the World War II anti-personnel mines have been only rarely been deployed in accordance with existing legal norms and military doctrine. Furthermore, mines have increasingly been used as part of a brutal and systematic war against civilians, especially in the bitter internal conflicts that have come characterize warfare in the late 20th century.[5] In these tragic realities, the military utility of anti-personnel mine is far out weighted by the appalling humanitarian consequences of their use in actual conflicts. On this basis Third World Country becomes a signatory of the treaty and ratified as well. But Third World Country need to balance the humanitarian and national security concerns since none of her neighbours signed Landmine Ban Treaty. Hence it is necessary to pursue through a balanced approach represented by the restrictions contained in the treaty and search for anti-personnel mines alternatives that replicate the essential military capabilities of anti-personnel mines.
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5. In this paper, the subject will be discussed in three parts. Part I will explain matters relating to the treaty itself. Important aspects like articles of the treaty, it’s requirement, and implementation rules and obstacles will be covered by Part I. Part II will cover the effects of Landmine Ban Treaty on military operations. Landmine will only include anti-personnel mines. Here the scope of discussion will be limited to land operations of Third World Country Army only. In Part III, an endeavour will be made to find out possible alternatives to anti-personnel mines keeping in view of Third World Country perspective.
AIM
6. The aim of this paper is to discuss Landmine Ban Treaty; its effects on military operations and possible alternatives with a view to enable Third World Country Army to fight with her enemy with same capabilities, adhering the clauses of the treaty.
LANDMINE BAN TREATY
7. Background of Landmine Ban Treaty. The Vietnam veterans of America first advocated a ban on the landmine in the world, which was also advocated by other groups and states. The humanitarian agencies, NGOs became very serious to implement ban on landmines. Accordingly a special organisation named International Campaign to Ban Landmine (ICBL) was formed with 1000 NGOs. This organisation with the support of Canadian Government hosted an International Strategy Conference on the theme ‘Towards a Global Ban on Anti-personnel Mines’ in October 1996. This declaration proposed few more conference till December 1997 to sign a treaty banning production, transfer, stockpiling and use of anti-personnel mines. Finally on 03 December 1997, the historic treaty of banning landmines was signed by 125 countries in Ottawa, Canada.[6]
The Essay on Landmines Antipersonnel Mine
Landmines recent report on the ban the production and the use of landmines which appeared in the International Post caught my attention. Credit for the lucidly written report should be given to Ms Kazka, a colleague of mine, who illuminated the pertinent issues involved in the controversy revolving the production of landmines. Although the Philippines is fortunate enough not to have experienced ...
8. Legal Provisions to be a Signatory of Ottawa Treaty. Generally, a treaty binds a state by ratifying it. Ratification is a two-step process. First, a State must follow its own national procedures for adhering to international agreements. Once these national requirements are met, the government must then notify the United Nations Secretary General. The Ottawa treaty would become binding on the first 40 contesting States six month after the 40th instrument has been deposited with the United Nations (UN).[7] After that time, each additional State would become bound six months after its instrument is deposited. At this point the State is considered to be a party to the treaty or a ” State Party”.
9. National Measures to Adhere Ottawa Treaty.[8] A state party would have to take number of regulatory steps at the national level in order to adhere the provisions of the treaty. Depending on the national law of procedures, this may require the adoption of specific criminal legislation. In addition, implementing the treaty’s provisions would almost always entail the adoption of administrative measures to make sure that the necessary changes in military doctrine and operating procedures are made. Organisations and corporations involved in the development, production, sale and transfer of anti-personnel mines must also be notified to ensure their compliance. States are required to take additional measures to ensure the destruction of stockpiles and the clearing of mined areas.
Analysis of Ottawa Treaty[9]
10. Ottawa treaty consists of total 22 articles. Article 1 describes a set of general obligations that must be observed by the member countries. Definitions of various categories associated with landmine have been enumerated in Article 2. Exceptions to first two articles have been dealt in Article 3. Destruction of stockpile anti-personnel mines is explained in Article 4. Article 5 deals with destruction of anti-personnel mine in mined areas. As for the case of mines that are already deployed, the treaty gives a stipulated period of ten years within which these are to be located and destroyed. Article 6 deals with the issue of international cooperation and assistance, which is to be ensured among the various states that are party to the agreement especially in terms of providing technological knowledge. One of the important features of the treaty is the emphasis that is given to the question of transparency, which is dealt in Article 7 to the treaty. The question of facilitation and clarification of compliance have been carried out in Article 8. It especially deals with these aspects of the treaty. In Article 9 the treaty emphasis the need for the implementation of various measures at the national level whereby appropriate legal, administrative and other measures are given due sanction.
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The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn't too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the ...
11. Article 10 reiterates that any dispute arising out of the application and interception of convention and clauses must be settled through consultation and cooperation among state parties. Meetings of the state parties are enumerated in Article 11 and review of the conference is explained in Article 12. Article 13 discusses the various provisions for an amendment to any of the existing clauses. The account of the expenditure and the responsibility of the states in bearing the costs of the implementation of the convention as well as the role of the UN are stressed in Article 14. The issue of signatories to the treaty is discussed in Article 15. One of the most crucial features of the treaty is described in Article 16, which deals with the measures for ratification. The convention on the prohibition of anti-personnel mines has been discussed in Article 17. In Article 18, there is a measure for provisional application to the treaty by which even before a state becomes a party to the convention it can provisionally declare to the provisions on the non-use, production and transfer of anti-personnel mines. In Article 19, there is a provision that no article of the treaty shall be subject to reservations. The rules governing the question of withdrawal from this convention as well as the duration of this are given in article 20. Article 21 and 22 of the convention address the question of the authority of deposition and authentic text of the convention.
Difficulties in Implementing Ottawa Treaty
12. The effectiveness of the treaty would be difficult to assess, since the major producers of landmines such as China and Russia would remain out of the process; so too would the US. In the case of developing countries, which have, long land borders, uncertain security environments and lack the advanced technical weapons systems as enjoyed by the West. In such a case, the landmine becomes the first line of defence for most nations–an indispensable, legitimate and conventional means of national defence. By prioritising the humanitarian angle, the move towards a ban has primarily dealt with the indiscriminate and totally irresponsible usage of mines. Here it does not take into consideration the broader security implications for the developing countries. Even if the Ottawa Process succeeds in pushing through a ban on the anti-personnel mine, those countries that accede to the treaty would merely accept it. Not having a legal mechanism by which it can enforce its would, the treaty would remain only a moral and political example for those who do not join a comprehensive ban at this stage. Moreover, how would it effectively deal with the problem of production, stockpiling, transfer and use by those who are not party to the treaty? As long as these questions remain unanswered, there would be difficulty in negotiating an effective deal on the issue of anti-personnel mines.[10]
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The planning process in the business by use of the force field analysis seeks to look at the forces that come against or for a decision. The tool helps in planning about strengthening those forces that support a certain decision and reject or reduce the support for those that oppose a decision. It is widely used in the planning and decision making process within an organization to bring corporate ...
13. In the case of countries that have not signed the treaty, the exercise of the right to use does not run counter to the humanitarian cause, especially, where there is adherence to the principles of international humanitarian law as well as a restraint on exports and use. While it has spoken at length on the provisions for the states that are a party to the treaty, it has failed to specify how the supply and use of anti-personnel landmines, to and by the non-state actors, is going to be addressed. While discussing the question of transparency, this aspect has not been adequately dealt with. It is imperative to comprehend that the crisis of anti-personnel mines has reached its present state more because of their misuse by non-state actors and that very strict guidelines must be laid to tackle this issue. Not having the legal mechanism by which the treaty can be enforced, there is little chance of it making a big difference in the case of those who would remain out and would continue to produce, use and export anti-personnel mines.[11]
EFFECTS OF LANDMINE BAN TREATY ON MILITARY OPERATIONS
Utility of Anti-personnel Landmines
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14. The introduction of tanks, which had the potential to break the stalemate of the kind of trench warfare, which characterised the World War I, led to the development of anti-tank landmines prior to World War II. Although the initial impetus for the development of landmines was to counter the tank, military developments and counteraction did not stop there. Anti-tank mines were large and contained some 10-kilogram of explosive- they could be found, cleared and even re used by an antagonist. Therefore, means were sought to protect mines, once laid, from disturbance. One method was to seed minefields with smaller anti-personnel mines containing just a few grams of explosive. These mines could be set to explode if triggered by a person’s foot or the displacement of a trip wire.[12]
15. Non- self-destructing anti-personnel landmines form a key component of the static, integrated barrier system designed to block, fix and turn enemy attacks and to enhance the effectiveness of friendly weapons fire. This barrier system serves as a significant deterrent to any army in the World from resuming an attack with little or no notice. The psychological effect of active mines cannot be overemphasized. This account from an American infantryman encountering the Siegfriend Line in World War II typifies the soldiers reaction: “By Now I had gone through aerial bombing, artillery and mortar shelling, open combat, direct rifle and machine gun firing, night patrolling and ambush. Against all of this we had some kind of chance; against mines we had none. The only defence was to not move at all.”[13]
16. With a few exceptions, the anti-personnel mine is not designed to kill but wound; usually its objective is to shatter a foot or leg. The attention of his immediate fellows and requires rapid evacuation and treatment. This imposes a much greater load on the opposing forces than killing the soldier outright with a more lethal device. Yet in the era of mobile forces, utility of anti-personnel mine for low intensity operations and jungle warfare is obvious. Against human wave tactics, evident in the war between Iran and Iraq, they provided a valuable source of close protection. They were also a factor in British operations in Falkland Islands, where limitations on transport forced the troops to advance to advance and assault on foot. Equally, within anti-tank minefield they are needed to deter sapper reconnaissance patrols, to threaten the hand breaching parties and to endanger the surviving crews of armoured fighting vehicles that have been stopped by anti-tank mines.[14]
Landmine Use In The 21st Century With Specific Concern To Third World Country
17. Future conflict is expected to consist of long-distance engagements with precision strike forces minimizing the requirement to commit land forces into close combat situations. When forces are committed they would engage enemy armoured forces and rapidly defeat them.[15] Self-destructing landmines are particularly important to the protection of early entry and light forces, which must be prepared to fight outnumbered during the initial stages of a deployment. The concept of “Strategic Pre-emption” would lead early arriving ground forces simultaneously occupy multiple points throughout the enemy’s area of operations and saturate the enemy’s most vital areas of operations with small, discrete, autonomous and highly lethal mobile combat elements. During this period of operations, passive defences would be extremely important. These passive defences include anti-tank and anti-personnel mine systems.[16]
18. Relevance to Third World Country. Characteristics of future operations clearly point out the major constraints of Third World Country Army. Land Forces would need to delay, attrite and repulse manifold advance of adversaries covering a wide frontage. At the same time it would be required to protect own troops in isolation while fighting Limited War. The same need of protection would rise during peacekeeping operation in a war trodden country.
Impact of Landmine Ban Treaty on Doctrine and Strategy
19. Present Doctrine and Strategy. The theme of our present doctrine is to conduct a defensive battle for a definite period to gradually destabilise the superiority of our adversaries from a number of successive defensive positions. This is to be achieved by delaying, destroying and inflicting significant rate of casualties at all stages of battle. Within the overall design of the defensive battle, some form of limited offensive capability to be retained. All the land approaches are to be guarded employing protective elements as forward as possible that would join the main force after the battle and form the reserve. On culmination of the forces within area of responsibility, formations would transform into unconventional warfare. In the process it is expected that international communities would interfere in our favour and cease-fire would be achieved.
20. Effect of Landmine Ban Treaty. Ban treaty would affect adversely on delaying and inflicting casualty on the enemy since anti-personnel mine would no longer be used by Land Forces. It would also lessen the power of passive defence to protect own troops in the face of enemy. Further the consideration of strategic necessities or the technical dimension of weapons cannot be overlooked as well. Security concern of Third World Country may not be entirely unlinked with the fact that both India and Myanmar, the two countries that share common border with Third World Country have not yet signed the Landmine Ban Treaty. “Land Mine Ban Treaty” would not have any bearing on doctrine but it would certainly have effect on military strategy and tactics.[17]
Impact of Landmine Ban Treaty on Different Forms of Operations
21. There are two primary forms of military action, offensive and defensive. Without anti-personnel landmines anti-tank mines would be exposed to the enemy. It would enable enemy to negotiate anti-tank mines easily. Establishing bridgehead would be much easier to the enemy with less time and minimum effort. It would also deter own forces to canalise en. Mine awareness in the mind of the enemy would substantially reduce. It would also restrict own forces to cause sufficient delay to allow reaction time to own forces.
22. Defensive Operations. Third World Country relies on her deterrence capability of defence her political independence and territorial integrity. Inadequate depth compels her for positional defence to achieve the process attrition on the enemy. In such scenario, her defence capability is likely to be affected without anti-personnel mines. Her enemy would be devoid of the casualties being caused anti-personnel mines. Enemy would be less cautious in her movements. It would also be difficult to canalise the enemy into pre selected killing areas. It would be difficult to force the enemy to concentrate; therefore, the effect of artillery fire would be less. Gaps between defence localities would not be easy to cover. It would also be difficult to separate enemy tanks from infantry. Enemy would be certain and bold in her action and would maintain his momentum. In withdrawal, it would be difficult to delay the advancing enemy and achieve clean break.
23. Offensive Operations. Third World Country does not harbour any ambition to launch any offensive. However, within the broad overall defensive posture, offensive operation may be indispensable to regain lost territory or to seize a fleeting opportunity. During offensive operations it would be hard to block the enemy, cover flank of the attacking troops and take defence during reorganisation. Own troops are likely to suffer heavy casualties while facing enemy minefield due to inexperience in mine handling.
Threat Perceptions
24. Need For Additional Troops. At strategic level, anti-personnel mines are used to deny enemy free access to certain terrain or to force him to use the terrain of own choosing. At tactical level, they are used to guard the flanks of a defensive position and plug the gaps between defensive positions. Mines contribute to the overall economy of committed defensive troops, which permits an actual increase in offensive capability by releasing forces to strengthen the mobile reserve. With the banning of landmines there would be a need of additional forces to serve the same purpose.
25. Need For Additional Firepower. The presence of a minefield improve the effectiveness of the defensive fire units to such an extent that a smaller force is required to hold a position than would otherwise be the case. It is estimated that 20 % of tank losses in World War II can be attributed to mines, in Vietnam this rose to 70 % of US armour casualties.[18] An interesting detail from these studies reveals that an average of 2,000 mines were laid per vehicle casualty in World War II. In comparison, 100,000 rounds of small arms ammunitions were expended in Vietnam for very personal casualty inflicted.[19] Without anti-personnel mine, anti-tank mine would be less effective and more firepower would be required restrict enemy infantry column against own defence.
26. Need For Improved Natural Obstacles. Defenders always exploit the obstacle value of natural obstacle. Further integrating artificial obstacle like minefield strengthens this obstacle value. Without anti-personnel this integration of artificial and natural obstacle would be affected to an extent. Hence, defenders would have to search for improved natural obstacle to take up a defence of same value.
27. Need For Change In Minefield Laying Pattern. At present conventional method of minefield laying uses the concept of cluster method. This method is old and basically dependent on anti-personnel mine in order to restrict the lifting of anti-tank mines. Adversaries of Third World Country have resorted to new techniques, which is more effective and less dependent on blast type anti-personnel mine. Hence, Third World Country needs to change or modify her technique of laying in order to lessen the dependency on anti-personnel mines.
28. Anti-tank Defence for Third World Country. Third World Country, except for a very small border with Myanmar, is surrounded on all sides by India. The geographical configuration of Third World Country creates a number of salient and narrow necks of land that make her vulnerable to attacks. The terrain of Third World Country deters massive use of tanks but in no way it prevents an aggressor to launch his armour. Mere introduction of new weapons like Anti-tank Guided Missile (ATGMs) may not provide the requisite protection against tanks. Massive use of tanks in anti-tank role would remain a far-reaching goal for poor countries like Third World Country. [20] The main threat of armoured fighting vehicles and tanks in the Vietnam War was mines. The anti-tank mines would continue to play a significant role in future battlefield. Third World Country is a signatory of Landmine Ban Treaty. Anti-tank minefield without anti-personnel mine would have less effect. Hence, appropriate alternatives to anti-personnel mines would be necessary for anti-tank defence of Third World Country.
29. Need for Improved Surveillance Devices. Without the use of landmines, defence taken up by own forces would be exposed to the enemy. It would enable enemy to achieve surprise. Minefields impede the enemy movement and also give time the defender to take appropriate counter measures to defeat the attacker. This pitfall would entail requirement of effective surveillance devices in order to provide early warning about the enemy.
30. Need for Introduction of Non-Lethal Weapons. Technological innovation, such as the introduction of remotely delivered mines, has already begun to change the nature of military doctrine and landmine use. The increased use of such mines could dramatically alter the character of future mine warfare and increase its scale.[21] Conventional use of anti-personnel mine would reduce with the evolution of Non-lethal weapons. Non-lethal weapons have generally been understood as a class of weapons that are designed to minimise fatalities and damage to material while causing incapacitation.
POSSIBLE ALTERNATIVES
31. Anti-personnel mines are an indispensable weapon of war and that there indiscriminate effects can be moderated through compliance with military doctrine and rules of international humanitarian law.[22] Anti-personnel mines are laid to inflict significant casualties on enemy infantry, to impose caution and lower his morale, to give warning of the approach or to make the clearing of anti-tank mines more difficult.[23] Few alternatives of anti-personnel mines are discussed in order to serve the same purpose and combat limitations posed by Landmine Ban Treaty. However, these measures could be of two types-active and passive.
Active Measures
32. Laying Anti-tank Mines With Anti-lifting Devices. The Ottawa Treaty prohibits anti-personnel mines only. It does not affect the following:[24]
a. Anti-tank or anti vehicle mines regulated by the 1980 UN Convention on Certain Conventional Weapons and the general rules of international humanitarian law.
b. Anti handling devices attached to an anti vehicle mine to prevent its removal.
c. Command detonated munitions, which can only be triggered manually by a combatant and cannot be detonated simply by the presence, proximity or contact of a person.
Since anti-personnel mines are designed to make clearing of anti-tank mines more difficult, the same purpose could be done with inclusion of anti-lifting devices with anti-tank mine instead of using anti-personnel mines. However, it would demand shift in the pattern in minefield laying.
33. Use of Claymore Mine. Under the Ottawa treaty a claymore mine is deemed to be an anti-personnel mine if tripwire actuated, but not if command detonated by remote control.[25] Hence claymore mine could be used to inflict casualty on enemy infantry instead of anti-personnel mines. However, use of this mine would require Strip Method of Minefield laying.
34. Strip Method of Minefield Laying. Strip method of laying is the standard method in use in India. Prior to 1970, minefields were laid by cluster method in India, which is more dependent on anti-personnel mines. In strip method of minefield laying, mines are laid as per a standard pattern, on both sides of a centre line at prescribed distance. Strips can contain one or more types of mines. A number of strips are laid to achieve the desired density and depth. In strip of minefield laying importance is given on anti-tank mine. Here strip forms the basis of laying. Anti-tank mines are laid with anti-lifting devices, which is in built or remote. Instead of anti-personnel mines claymore mines are laid.[26] A detail of Strip Method of Minefield laying is at Annex A.
35. New Forms of Denial Technique.[27] An integrated concept of denial plan would lessen the use of anti-personnel mines. Denial technique would be based on type of terrain, enemy intention, time of delay required and resources available in terms of manpower, material and time. A detail of denial technique is at Annex B.
36. Use of Hand Grenades. Hand grenade can be effectively used as an alternative to anti-personnel mine.[28] It can be laid as fragmentation mine, either with the help of trip wire or with command detonated switches. However little modification in the switch system and laying pattern would be necessary to use hand grenade as anti-personnel mine. Use of hand grenade as anti-personnel mine is shown at Annex C.
37. Use of Plastic Explosive. Plastic explosive (PE) may be used with stone chips in order have similar effect of fragmentation type anti-personnel mine.[29]PE can be moulded with stone chips in a polythene pack, which can be suitably laid and detonated either by electric or non-electric means. A circuit may be prepared to connect all charges as ring main circuit. Detonation may be self actuated or command guided from a distant firing point.
Passive Measures
38. Incapacitation of Individuals. One of the technologies that are being developed for use in non-lethal warfare deals with acoustics. The frequencies in the electromagnetic spectrum used for audio reception by the human ear lie between 20 Hz and 20kHz. Within these frequencies, any increase in the intensity would lead to eardrum damage. These frequencies could also be used in the anti-personnel mode to affect the internal organs of the human body to cause disorientation, nausea, vomiting, and bowel movements. A more sophisticated system in the anti-personnel mode could be the employment of stun grenades that affect the target with the physical force of sound waves.[30]
39. Use of Chemical Substances. The use of chemical substances for controlling crowds and riots has been going on for a number of years in the form of tear-gas, which can be classified as non-lethal warfare, and remains viable to this day. Adhesives are similar to the superglue that is commonly used in domestic applications and can be used against personnel or material. Foam may be sticky and viscous or dense and bubbly and cause similar effects by immobilising people and may be preferred for the anti-personnel role.[31]
40. Non-Nuclear Electromagnetic Pulses. The electromagnetic spectrum has been exploited extensively to support lethal war fighting for decades. The growing dependence on the electromagnetic spectrum of sensors, weapon systems, and communications has increased the vulnerability of the users of this spectrum to electronic warfare. Electronic warfare techniques en masse would come under the cloak of non-lethal warfare, but for the present it may be useful to examine the advances made in the spectrum where technologies are being developed from the outset with non-lethal capacity. [32] Electronic mine detector detects mine by use of electro magnetic wave. With the use of non-nuclear electromagnetic pulses, the effect of mine detector can be paralysed. This would make clearance of anti-tank mine difficult.
41. Surveillance Device. One of the uses of anti-personnel mine is to provide early warning of enemy infantry column. Use of effective surveillance devices at probable enemy infantry approaches could provide early warning. Increased use of remote surveillance methods; such as electronic sensing devices, real time satellite intelligence and drone aircraft with infrared and photographic capabilities could, for countries with access to such technology, substitute for anti-personnel mines.
42. Strengthening of Natural Obstacles. A minor obstacle for enemy infantry may be transformed into major obstacle by increasing slope, soil destabilization and increasing the height of obstacle. Anti-tank mines may be laid in uneven ground or combined with natural obstacle in order to obtain greater effect. It would also restrict enemy to breach anti-tank mine with ease.
43. Inundation. In a terrain, like the plains of Third World Country it is feasible to inundate selected areas in the defensive sector. Such flooded areas can form formidable tank obstacle and at the same time slow the speed of infantry column. The effect of inundation may last over a long period. [33]Floating mines or influence mines can also be used in inundated areas to increase obstacle potential and deter enemy from its breaching.
Economic Viability
44. Budgetary Implications. At present Army budget is generally meant for training and maintaining the force, but not for modernizing the force by incorporating new technology and sophisticated devices. Even with the existing budget, at the moment Third World Country Army is experiencing volume of problems in conducting training and running smooth administration[34]. Budget allocation for 10 years is given (Taka in crore) at Annex D where 10%-increased budget in every financial year is assumed[35].
45. Provisioning, Procurement and Maintenance. Third World Country Army is totally dependent on foreign countries for the procurement of almost all types of military hard wares. It is observed that, it takes years together to procure spares for the main equipment. Till the time spares are obtained, the item remains off-route or out of order. Although, certain level of repair can be undertaken by doing cannibalisation but that cannot fulfil the whole requirement.
46. Probability of Adopting Measures.
a. Active Measures. Active measures would incur limited economic strain on military budget since these measures basically focus on new techniques with existing materials. Hence with present state of economic backup, it may be said that, active measures may be adopted in order to find out possible alternatives to anti-personnel mines.
b. Passive Measures. Non-lethal warfare has taken the front seat with technological development. This new form of weapon system is outnumbering conventional use of anti-personnel mines. Budgetary allocation and technological know how of Third World Country Army do not permit to adopt passive measures at present. However, with a view to keep pace with other armies of the World study and limited scale research may be carried out in this sector.[36]
Conclusion
47. The Vietnam veterans of America first advocated ban on landmine in the world. Thereafter, a special organisation named International Campaign to Ban Landmine was formed with 1000 NGOs. Finally on 03 December 1997, 125 countries in Ottawa, Canada signed the landmine ban treaty. The Ottawa treaty would become binding on the first 40 contesting states six month after its instrument has been deposited with the UN. A state party would have to take number of regulatory steps at the national level in order to adhere the provisions of the treaty. (Paragraph 7-9).
48. Ottawa treaty consists of total 22 articles. According to the articles each state party undertakes never under any circumstances to use anti-personnel mine. Further, never to develop, produce, otherwise acquire, stockpile, retain or transfer to any one, directly or indirectly anti-personnel mine. It also clarify that, undersigned countries never to assist, encourage or induce, in any way, anyone to engage in any activity prohibited to State Party under this convention. Each State Party undertakes to destroy or ensure the destruction of all anti-personnel mines in mined areas in accordance with the provision of the convention. (Paragraph 10-11).
49. The effectiveness of the treaty would be difficult to assess- especially since the major producers of landmines such as China and Russia would remain out of the process; so too would the US. One of the significant factors that must be borne in mind is that in the case of countries that have not signed the treaty, the exercise of the right to use does not run counter to the humanitarian cause, especially, where there is adherence to the principles of international humanitarian law as well as a restrain on exports and use. (Paragraph 12-13).
50. Anti-personnel mines are primarily designed to protect anti-tank mines, once laid, from disturbance. Non self destructing anti-personnel landmines form a key component of the static, integrated barrier system designed to block, fix and turn enemy attacks and to enhance the effectiveness of friendly weapons fire. The psychological effect of active mines cannot be overemphasised. Anti-personnel mine is not designed to kill but wound. This imposes a much greater load on the opposing forces than killing the soldier. (Paragraph 14-16).
51. Future conflict is expected to consist of long distance engagements with precision strike forces minimizing the requirement to commit land forces into close combat situations. The concept of “Strategic Pre-emption” would lead early arriving ground forces simultaneously occupy multiple points throughout the enemy’s area of operations with small, discrete, autonomous and highly lethal mobile combat elements. Characteristics of future operations clearly point out the major constraints of Third World Country Army. (Paragraph 17-18).
52. The theme of our present doctrine is to conduct a defensive battle for a definite period to gradually destabilise the superiority of our adversaries from a number of successive defensive positions. Landmine ban treaty would affect delaying and inflicting casualty on the enemy. Security concern of Third World Country may not be entirely unlinked with the fact that the both India and Myanmar, the two countries that share common border with Third World Country have not yet signed the landmine ban treaty. (Paragraph 19-20).
53. There are two primary forms of military actions, offensive and defensive. Without anti-personnel mines anti-tank mines would be exposed to the enemy. It would enable enemy to negotiate anti-tank mines easily. Third World Country relies on her deterrence capability of defence her political independence and territorial integrity. In such scenario, her defence capability is likely to be affected without anti-personnel mines. During offensive operations it would be hard to block the enemy, cover flank of the attacking troops and take defence during reorganisation. (Paragraph 21-23).
54. With banning of landmines there would be a need of additional force to serve the purpose of mine at strategic and tactical level. Without anti-personnel mines, anti-tank mine would be less effective and more firepower would be required to restrict the enemy infantry column against own defence. Adversaries of Third World Country have resorted to new technique of laying minefield, which is more effective and less dependent on anti-personnel mines. Third World Country needs to modify her technique of laying minefield. Massive use of tanks in anti-tank role would remain a far-reaching goal for poor countries like Third World Country. The anti-tank mine mines would continue to play a significant role in future battlefield. Anti-tank minefield without anti-personnel mines would have less effect. Hence, appropriate alternatives to anti-personnel mines would be necessary for anti-tank defence of Third World Country. Without the use of landmines, defence taken up by own forces would be exposed to the enemy. This pitfall would entail requirement of effective surveillance device in order to provide early warning about the enemy. Conventional use of anti-personnel weapons would reduce with the evolution of non-lethal weapon. (Paragraph 24-30).
55. Anti-personnel mines are an indispensable weapon of war and that there indiscriminate effects can be moderated through compliance with military doctrine and rules of international humanitarian law. Since anti-personnel mines are designed to make clearing of anti-tank mines more difficult, the same purpose could be done with inclusion of anti-lifting devices with anti-tank mines instead of using anti-personnel mines. Under Ottawa treaty a claymore mine is deemed to be an anti-personnel mine if tripwire actuated, but not if command detonated by remote control. Strip method of minefield laying is less dependent on anti-personnel mine and more effective. This pattern could be adopted in our country. (Paragraph 31-34).
56. An integrated concept of denial technique would lessen the use of anti-personnel mine. Denial technique would be based on type of terrain, enemy intention, time of delay required and resources available in terms of manpower. Hand grenade can be effectively used as an alternative to anti-personnel mine with little modification in switch system. PE may be used with stone chips in order to have similar effect of fragmentation type anti-personnel mine. (Paragraph 35-37).
57. Incapacitation of individuals could be done by using frequencies of higher intensity than 20 kHz. These frequencies can be used in anti-personnel role. The use of chemical substances for controlling crowds and riots has been going on for a number of years in the form of teargas and remains viable to be used against anti-personnel role. The electromagnetic spectrum has been exploited extensively to support lethal war for decades. With the use of non-nuclear electromagnetic pulses, the effect of mine detector can be paralysed. This would make clearance of anti-tank mine difficult. Use of surveillance device at probable enemy infantry approaches could provide early warning. In a terrain, like the plains of Third World Country it is feasible to inundate selected areas in the defensive sector. (Paragraph 38-43).
58. At present army budget is generally meant for training and maintaining the force, but not for modernizing the force by incorporating new technology and sophisticated devices. Third World Country Army is totally dependent on foreign countries for the procurement of almost all types of military hardware. With this state of economic backup it can be said that, active measures may be adopted in order to find out possible alternatives to anti-personnel mines. Budgetary allotment and technological know how of Third World Country Army do not permit to adopt passive measures at present. However, with a view to keep pace with other armies study and limited research may be carried out in this sector. (Paragraph 44-46).
RECOMMENDATIONS
59. Considering present state of budget for military, economic capacity and technological base of the country possible alternatives to anti-personnel mines could be as described in the subsequent paragraphs:
a. Anti-tank mines may be laid with anti-lifting devices.
b. Command guided claymore mine may be used as an alternative.
c. Strip method of minefield laying maybe adopted.
d. New form of denial technique may be evolved and practiced.
e. Hand grenades may be used with little modifications with switch system.
f. PE with stone chips may be used as an alternative to fragmentation type anti-personnel mine. (Total Words 6982)
Md Anisur Rahman
Bibliography
Books
1. Dando Malcolm, A New From of Warfare: The Rise of Non-Lethal Weapon, UK: Brassey’s UK Ltd Press, 1996.
2. Sloan, Lt Col CEE, Mine Warfare on Land: The Alternative Forms, England: Brassey’s Defence Publishers Ltd Press, 1986.
3. Combat Engineering Hand Book For Young Officers, Third Edition, India: December 1996.
4. GSTP 0032: Operations of War, Volume I, Non Nuclear Operations, Part I, 1975.
5. GSTP 1602: Field Engineer & Mine Warfare, Pamphlet No 5, The Laying, Recording and Marking of Minefield, 1957.
Periodicals
6. F. Troxell John, “Landmines: Why the Korea Exception Should Be the Rule: The Use of Landmines and the Landmine Problem”, Parameters, Spring 2000, 82-99.
7. Sundararaman Shankari. “The Landmine Question: An Overview of the Ottawa Process” Strategic Analysis: Monthly Journal of the IDSA, Vol. XXII No.1, April 1998, 17-33.
8. Singh Ajay. “Non-Lethal Warfare” Strategic Analysis: Monthly Journal of IDSA”, Vol. XXII No 1, April 1998, 5-15.
Documents
9. ICRC Overview 1998: Landmines must be Stopped, 19, Avenue de la Paix CH-1202 Geneva, Switzerland: May 1998.
10. ICRC: Seminar on Implementing the Ottawa Treaty, Switzerland: July 1998.
11. ICRC: Executive Summary- Anti-personnel Mines Friend or Foe, Geneva, March 1996.
12. ICRC: 1997 Convention on the Prohibition of Anti-personnel Mines and their Destruction, 47, Sunder Nagar, New Delhi, India.
13. Presentation Paper, “Banning on Land Mine-Impact on Military Strategy and Tactics”, 3 Engineer Battalion, Bogra Cantonment.
14. Presentation Paper, “Military Strategy Versus Land Mine Banning Treaty Ottawa 97”, 3 Engineer Battalion, Chittagong Cantonment, 1998.
15. “How can the Limited Army Budget of Third World Country be Best Utilised to Achieve Compatible Defence Capability against Adversary”, AHQ Project Study, 55 Infantry Division.
16. “Force Structure for Third World Country Army in the Year 2000 and Beyond”, AHQ Project Study, 33 Infantry Division.
17. Grant Tim. ” History of Landmines”, [Online] Internet web site, http://www.yahoo.com/on 12 September 2000.
18. Sundararaman Shankari. “Landmines: Ban or Not to Ban” [Online] Internet web site, http://www.yahoo.com/ comp/ on 12 September 2000.
19. Shamimuzzaman Major. Dissertation Paper: Anti-tank Requirement for Third World Country, 1999.
20. Personal experience from foreign course, Engineer Officers’ Combat Engineering Instructor Course-16, India, December 1999.
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[1] Shankari Sundararaman, “The Landmine Question: An Overview of the Ottawa Process”, Strategic Analysis: Monthly Journal of the IDSA, Vol. XXII No.1 (April 1998), P.17.
[2] John F. Troxell, “Landmines: Why the Korea Exception Should Be the Rule: The Use of Landmines and the Landmine Problem”, Parameters (Spring 2000), P.83.
[3] Tim Grant, “History of Landmines”, [Online] Internet web site,http://www.yahoo.com/September 2000), P.1.
[4] ICRC Overview 1998: Landmines must be Stopped, Legal Background, Convention on the Prohibition of Anti-personnel Mines and on their Destruction (The “Ottawa Treaty), P.8.
[5] Ibid
[6] Presentation Paper, “Banning on Land Mine-Impact on Military Strategy and Tactics”, 3 Engineer Battalion, Bogra Cantonment, P. 6.
[7] ICRC: Seminar on Implementing the Ottawa Treaty, Question and Answers, P. 1.
[8] Ibid
[9] Sundararaman, op.cit., PP. 22-27.
[10] Shankari Sundararaman, “Landmines: Ban or Not to Ban”, [Online] Internet web site, http://www.yahoo.com/ comp/ on 12 September 2000.
[11] Sundararaman, op. cit., P.27.
[12] Malcolm Dando. A New From of Warfare: The Rise of Non Lethal Weapons (Brassey’s UK Ltd, 1996), P.47.
[13] Troxell, op. cit., P.94.
[14] Lieutenant Colonel CEE Sloan, RE. Mine Warfare on Land: The Alternative Forms (Brassey’s Defence Publishers Ltd, Maxwell House, 74 Worship Street, London, 1986), P.35.
[15] Troxell, op. cit., P.95.
[16] Troxell, op. cit., P.96.
[17] Interview, Brigadier Taslim Uddin Khan, Brigade Commander, 14 Independent Engineer Brigade, Dated 20 September 2000.
[18] Sloan, op.cit., P.2.
[19] Presentation Paper, “Military Strategy Versus Land Mine Banning Treaty Ottawa 97”, 3 Engineer Battalion, Chittagong Cantonment, P. 18.
[20] Major Shamimuzzaman. Dissertation Paper: Anti-tank Requirement for Bangladesh, P.29.
[21] International Committee of Red Cross: Executive Summary, Anti-personnel Mines Friend or Foe, (Geneva, March 1996), P. 1.
[22] Ibid
[23] GSTP 1602: Field Engineer & Mine Warfare Pamphlet No 5, The Laying, Recording and Marking of Minefield, (Chapter I, Section 1), P.1.
[24] ICRC: 1997 Convention on the Prohibition of Anti-personnel Mines and their Destruction, Which Mines are affected by the Treaty, P. 1.
[25] ICRC Overview 1998, op. cit., P. 12.
[26] Combat Engineering Hand Book For Young Officers: Section 3- Strip Method of Mine Field Laying, (India, Revised Third Edition, December 1996), P.160.
[27] Personal experience from foreign course, Engineer Officers’ Combat Engineering Instructor Course-16, (India, December 1999).
[28] Interview, Major General Abdul Hafiz Mallik, Engineer-in-Chief, Army Headquarters, Dated 20 September 2000.
[29] Interview, Lieutenant Colonel G M Azizur Rahman, General Staff Officer First Grade, Engineer Directorate, Army Headquarters, Dated 20 September 2000.
[30] Ajay Singh, “Non-Lethal Warfare, ” Strategic Analysis: Monthly Journal of IDSA”, Vol. XXII No 1 (April 1998), P. 8.
[31] Ibid, P. 9.
[32] Ibid, P. 10.
[33] GSTP 0032, Operations of War, (Volume I, Non Nuclear Operations, Part I), P.13.
[34] AHQ Project Study (55 Infantry Division) on “How can the Limited Army Budget of Bangladesh be Best Utilised to Achieve Compatible Defence Capability against Adversary”, P. 15.
[35] AHQ Project Study (33 Infantry Division) on “Force Structure for Bangladesh Army in the Year 2000 and Beyond”, P. H-1of 1.
[36] Interview, Major General A M Mahmuduzzaman, Master General Ordnance, Army Headquarters, Dated 20 September 2000.