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20 - Implementing the Ottawa Treaty: Questions and Answers

from PART 3 - THE OTTAWA PROCESS FROM REGIONAL INITIATIVES TO AN INTERNATIONAL PROHIBITION OF ANTI-PERSONNEL MINES

Published online by Cambridge University Press:  03 December 2009

Louis Maresca
Affiliation:
International Committee of the Red Cross
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Summary

The 126 States which have signed the Convention on the Prohibition on the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on their Destruction (commonly referred to as the Ottawa treaty) have taken an important step towards resolving the humanitarian crisis caused by these weapons. While the treaty is a remarkable achievement, much remains to be done if the global landmines epidemic is to be successfully addressed. The treaty has been endorsed by a large number of governments, but signing it only reflects the political commitment of the signatory State to be bound by it in the future. Every such State must now take action at the national level for the treaty to become legally binding upon it. The treaty will not come into effect until 40 States have taken such action, and at that time it will apply to them only. In addition, in order to reduce the threat that anti-personnel mines represent for civilians, States must ensure that the obligations contained in the treaty are fully implemented. Putting an end to the scourge of landmines is a process which will require concerted and long-term action.

Q.How does a State become legally bound by the Ottawa treaty?

A. Generally, a State becomes bound by a treaty by ratifying it (in some instances this is referred to as acceptance or approval). Ratification is normally a two-step process. First, a State must follow its own national procedures for adhering to international agreements. In many cases this means submitting the treaty to the national parliament or national assembly for approval.

Type
Chapter
Information
The Banning of Anti-Personnel Landmines
The Legal Contribution of the International Committee of the Red Cross 1955–1999
, pp. 601 - 605
Publisher: Cambridge University Press
Print publication year: 2000

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