ICRC databases on international humanitarian law
  • Print page

    Declarations:

    "Article 1:

    - It is understood that for the purposes of interpretation the provisions of article 1 take precedence over provisions or undertakings in any other article.

    - The rights and obligations arising from situations described in article 1 are absolute and immutable and the observance of any other provision of the Protocol cannot be construed, either directly or indirectly, as affecting the right of peoples struggling against colonial or other forms of alien domination and foreign occupation in the exercise of their inalienable right of self-determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among states in accordance with the Charter of the United Nations.

    - The provisions of the Protocol must be observed at all times, depending on the circumstances.

    Article 2 (Paragraph 3):

    - In the context of the word "primarily", it is understood that such anti-tank mines which use anti-personnel mines as a fuse but do not explode on contact with a person are not anti-personnel mines.

    Article 3 (Paragraph 9):

    - It is understood that an area of land can itself be a legitimate military objective for the purposes of the use of landmines, if its neutralisation or denial, in the circumstances ruling at the time, offers a definite military advantage.

    Sub-paras 2(c) and 3(c) of Technical Annex:

    - It is declared that compliance with sub-paras 2(b) and 3(a) and (b) is deferred as provided for in sub-paras 2(c) and 3(c), respectively."
09.03.1999

09.03.1999