Issues of international legal regulation of the use of landmine weapons in domestic and foreign literature

Abstract

The subject of the study is the generalization and analysis of domestic and foreign literature on international humanitarian law, which examines the international legal regulation of the use of landmine weapons, established restrictions and prohibitions on their use, in order to prepare motivated proposals on the possibility of improving the legal mechanism for solving the mine problem in modern conditions. In general, there are a considerable number of publications on the subject under consideration, the subject of which are various aspects of the mine problem. At the same time, the characteristic of the international legal regulation of the use of landmine weapons is often reduced to stating the provisions of Protocol II to the Convention on "Conventional" Weapons and the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction (Ottawa Convention). Mainly, there is an opposition of these documents in favor of the Ottawa Convention. With regard to the latter, there are also studies, mostly foreign, very complimentary describing the process of preparation and adoption of the Ottawa Convention, the participation of foreign non-governmental organizations in it. The author's position on this and other issues is stated in the study. For the purposes of generalization and analysis of the works of domestic and foreign authors, formal-legal, formal-logical, comparative-legal research methods are used. The novelty of the study is due to its subject. Proposals on the availability of potential, the possibility of further development of international legal regulation of the turnover of landmine weapons are based on the generalization and analysis of the studies presented in the work on two main areas of solving the mine problem - humanitarian demining and the actual regulatory regulation of the turnover of landmine weapons. In the first case, we are talking mainly about using the achievements of scientific and technological progress, the latest developments. The development of the existing regulatory framework for regulating the turnover of mine weapons is associated with a prerequisite for ensuring the complementary nature of the two main treaties – the use of basic definitions in them that have identical content. At the same time, the fact is emphasized that overcoming the crisis of international humanitarian law in general, the implementation, in particular, of relevant initiatives to solve the mine problem, are conditioned by the presence of a real, equivalent alternative to the collective West.