Anti-personnel mines and cluster munitions: the ban on their funding

Over the years, the International Community has developed International Humanitarian Law norms that regulate the limits of armed conflicts and their conduct. This article will analyze the Convention on the Prohibition of Anti-Personnel Mines, the Convention on Cluster Munitions, and the role of the financial sector.

Both conventions aim to eradicate anti-personnel mines and cluster munitions due to their indiscriminate and long-lasting impact on civilian populations. These weapons not only cause thousands of victims but also hinder the development of entire communities by turning vast areas into hazardous territories. For this reason, the Ottawa Convention and the Oslo Convention seek to prohibit their production, stockpiling, use, and financing, promoting their complete elimination and assistance to victims.

The Convention on the Prohibition of Anti-Personnel Mines, also known as the Ottawa Convention, was established in 1997 with the goal of stopping the use and production of anti-personnel mines. To achieve this, the Convention focuses on four main objectives: 

1. Destruction of anti-personnel mine stockpiles owned or located within the territory of a State Party to the Convention.
2. Identification and clearance of mined areas.
3. Providing assistance and care to victims of anti-personnel mines, including social and economic reintegration.
4. Universalization of the Convention, extending its reach to all countries worldwide.

Currently, the Convention has been ratified by 164 states. These states commit to fulfilling the aforementioned objectives. Additionally, they must submit an annual report reflecting the number of anti-personnel mines in their stockpiles, as well as the number of mines allocated for development and training in detection, removal, or destruction techniques. 

The Convention allows for the retention of mines for training purposes in demining activities.

On the other hand, the Convention on Cluster Munitions — Oslo Convention — was adopted and opened for ratification in 2008. Its objective is to restrict the use, production, and transfer of cluster munitions. Similar to the Convention on the Prohibition of Anti-Personnel Mines, the Oslo Convention also pursues similar objectives.

1. Destruction of cluster munition stockpiles owned or located within the territory of a State Party.
2. Identification and clearance of areas containing unexploded cluster munitions remnants.
3. Providing assistance, care, and reintegration of victims of cluster munitions. 

This Convention has fewer State Parties compared to the Ottawa Convention. As of today, 124 states are signatories and promoters of the Convention on Cluster Munitions.

Russia, China, and South Korea are among the states that have not signed either Convention. 

These international conventions are reflected in the national laws of the signatory states. In the case of Spain, for example, reference should be made to Law 33/1998 of October 5, which enforces a total prohibition on anti-personnel mines and similar weapons. This law bans the “use, development, production, acquisition by any means, stockpiling, retention, transfer, or export, directly or indirectly, of anti-personnel mines, cluster munitions, explosive bomblets, and similar weapons” — Article 2. Furthermore, this law also prohibits the financing of such weapons.

This financing ban is not exclusive to Spain. Its Italian counterpart also includes this measure in Law No. 220 of December 9, 2021 — Measures to counter the financing of companies producing anti-personnel mines, munitions, and cluster submunitions. The Italian law prohibits financing companies, whether domestic or foreign, that directly or indirectly engage in the production or similar activities related to cluster munitions or anti-personnel mines.

Additionally, Ireland prohibits public investment in entities involved in the development of such weapons. This prohibition is established in the Cluster Munitions and Anti-Personnel Mines Act 2008.