National Implementation Measures

Under Article 9, States Parties are required to "take all appropriate legal, administrative and other measures, including imposition of penal sanctions, to prevent and suppress any activity prohibited" by the treaty. To date only a small percentage of States Parties have passed domestic laws to implement the treaty.

The ICBL urges States Parties to enact national implementing legislation, including penal sanctions. The ICBL also urges those States Parties that do not have implementing legislation to inform the Standing Committees of the status of efforts to enact such legislation, or to inform them of alternative measures taken.

Some States Parties indicate that they do not believe an implementation law is required, for a variety of reasons. For example, some believe that because they have never possessed antipersonnel mines and are not mine-affected, no special action is necessary to fulfil the terms of the treaty. Others indicate the treaty is “self-enacting” under domestic law. However, the ICBL is concerned about the need for all states to pass legislation or other measures that would impose penal sanctions for any potential future violations of the treaty, and would provide for full implementation of all aspects of the treaty.

The International Committee of the Red Cross (ICRC) has developed an information kit to help States Parties comply with Article 9: Development of National Legislation to Implement the Convention on the Prohibition of Antipersonnel Mines

See also:
ICRC Database on National Measures to Implement International Humanitarian Law