Republic of Korea: Consent to be Bound for Amended Protocol II on the Use of Mines, Booby-Traps and Other Devices

Action type
Consent to be Bound
Depositary
Secretary-General of the United Nations
Date
09 May 2001
Note

Reservation and declarations :

      "I. Reservation
       With respect to the application of Protocol II to the 1980 Convention, as amended on 3 May 1996 ("Amended Mines Protocol"), the Republic of Korea reserves the right to use a small number of mines prohibited under this Protocol exclusively for training and testing purposes.
       II. Declarations

       It is the understanding of the Republic of Korea that:

       1. With respect to Article 3(8)(a) of the Amended Mines Protocol, in case there is an evident indication that an object which is normally dedicated to civilian purposes, such as a place of worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it shall be considered as a military object.
       2. Article 4 and the Technical Annex of the Amended Mines Protocol do not require the removal or replacement of mines that have already been laid.
       3. "Cessation of active hostilities" provided for in Articles 9(2) and 10(1) of the Amended Mines Protocol is interpreted as meaning the time when the present Armistice regime on the Korean peninsula has been transformed into a peace regime, establishing a stable peace on the Korean peninsula.
       4. Any decision by any military commander, military personnel, or any other person responsible for planning, authorizing, or executing military action shall only be judged on the basis of that person's assessment of the information reasonably available to the person at the time the person planned, authorized, or executed that action under review, and shall not be judged on the basis of information that comes to light after the action under review was taken."

 

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