DOD Rescinds policy on Anti Personnel Landmine: Tools the U.S. Cannot Responsibly Forgo in Conventional Warfare…..

DoD Update on Landmine Ban

31 Jan 2020 Landmine Policy

Statement attributable to Vic Mercado, Performing the Duties of Assistant Secretary of Defense for Strategy, Plans and Capabilities. 

Effective today, the Administration is rescinding the Presidential Policy concerning anti-personnel landmines (APL), in favor of a new United States landmine policy that will be overseen by the Department of Defense.  The United States remains committed to working to minimize risks to civilians posed by landmines and explosive remnants of war.  The United States also remains fully committed to complying with its treaty obligations regarding landmines and explosive remnants of war, as contained in Amended Protocol II and Protocol V, annexed to the Convention on Certain Conventional Weapons.

Landmines, including APL, remain a vital tool in conventional warfare that the United States military cannot responsibly forgo, particularly when faced with substantial and potentially overwhelming enemy forces in the early stages of combat.  Withholding a capability that would give our ground forces the ability to deny terrain temporarily and therefore shape an enemy’s movement to our benefit irresponsibly risks American lives.  The United States will not sacrifice American servicemembers’ safety, particularly when technologically advanced safeguards are available that allow landmines to be employed responsibly to ensure our military’s warfighting advantage, and limit the risk of unintended harm to civilians.  These safeguards require landmines to self-destruct, or in the event of a self-destruct failure, to self-deactivate within a prescribed period of time.

The Department of Defense’s new policy allows planning for and use of APL in future potential conflicts, including outside the Korean Peninsula, while continuing to prohibit the operational use of any “persistent” landmines (landmines without a self-destruct/self-deactivation function).  Under this policy, if combatant commanders authorize the use of landmines in a major combat situation, those landmines will include the aforementioned safeguards that will prevent them from being a threat to civilians after a conflict ends.  

The United States will continue to lead in international humanitarian demining efforts that locate and remove landmines and explosive remnants of war that pose persistent threats to civilians living in current and former conflict areas around the world.  The rescission of the previous policy does not reduce this national commitment, and it does not exacerbate the problems associated with unexploded munitions.

Frequently Asked Questions
Q: Why is the prior U.S. landmine policy being replaced? 
 A:  DOD’s study determined that the U.S. military faced a critical capability gap, making it less prepared for future security challenges, due to restrictions previously imposed. 

Q: Why not keep landmine policy at the Presidential level?
A:  The President decided that landmine policy, like policies for all other conventional (non-nuclear) weapons, falls squarely within the Secretary of Defense’s responsibilities.
  
Q: Does this change the U.S. Government’s legal obligations with respect to landmines?   
A:  No, U.S. international legal obligations have not changed.  The new landmine policy provides more protections for civilians than are required under CCW Amended Protocol II.  

Q: What’s changed since the last Administration committed to pursue Ottawa Convention accession? 
A:  The strategic environment has changed since 2016.  We face an era of strategic competition that requires our military to become more lethal, resilient, and ready for future contingencies.  

Q: Does the new policy distinguish between anti-personnel and anti-vehicle landmines? 
A: No. All landmines in DOD’s operational inventory have safety features to limit unintended harm to non-combatants; thus, this distinction made in the prior policy is not necessary. 

Q: How reliable are current U.S. mine safety features?  
A: Reliability of self-destruct and self-deactivate safety features in the current inventory is very high: there is only a 6 in 1 million chance of a U.S. landmine being active after a pre-determined period.

Q: How many landmines in the U.S. inventory are persistent?  Does the new policy change this?
A: There are no persistent landmines in the U.S. operational inventory; the new policy does not change this.

Q: What’s the new policy’s impact on NATO countries that are party to the Ottawa Convention? 
A:  The United States would expect other countries to abide by their legal obligations, including obligations they may have assumed by becoming Party to the Ottawa Convention.

Q: Why are landmines still needed in modern war?
A:  Such area-denial systems are a “force multiplier” in key operational contexts; they can obstruct, channel, and delay/stop numerically superior adversaries and prevent them from outflanking friendly forces.

Q: Is the change in policy due to the current situation with Iran? 
A: No. It is the result of DOD’s policy review and the President’s imperative to equip our warfighters with the appropriate means to implement the National Defense Strategy.

2014

Hagel Supports Changes to U.S. Policy on Landmines

SEPT. 23, 2014 , DOD NEWSDefense Secretary Chuck Hagel fully supports changes to U.S. antipersonnel landmine policy announced by President Barack Obama today, Pentagon Press Secretary Navy Rear Adm. John Kirby said.

In a statement, Kirby said the Defense Department:

— Will not use antipersonnel landmines outside the Korean Peninsula;

— Will not assist, encourage or induce others outside the Korean Peninsula to engage in activity prohibited by the Ottawa Convention; and

— Will undertake steps to begin the destruction of antipersonnel landmines not required for the defense of South Korea.

A White House statement said the change to U.S. policy builds on a June announcement by the U.S. delegation at the Third Review Conference of the Ottawa Convention in Mozambique that the United States will not produce or otherwise acquire any antipersonnel munitions that are not compliant with the Ottawa Convention, including to replace such munitions as they expire in the coming years.

It also follows previous steps the United States has taken to end the use of all nondetectable mines and all persistent mines, which can remain active for years after the end of a conflict, the statement said.

The U.S. commitment to South Korea’s defense and unique circumstances on the Korean Peninsula preclude changing U.S. antipersonnel landmine policy there, White House officials said.

“We will continue our diligent efforts to pursue material and operational solutions that would be compliant with, and ultimately allow us to accede to, the Ottawa Convention while ensuring our ability to meet our alliance commitments to the Republic of Korea,” the White House statement said. “The security of the Republic of Korea will continue to be a paramount concern as we move forward with these efforts.”
 

By Linda D. Kozaryn
American Forces Press Service

May 27, 1997 – Defense officials have removed about 80 percent of DoD’s 3 million nonself-destructing anti-personnel landmines from military stockpiles, Pentagon officials said May 15. The mines are slated for destruction.

So far, about 888,000 of the so-called “dumb” mines have been destroyed, officials said. All 3 million are scheduled for destruction by the end of 1999.

The Pentagon released a report in May titled “Report to the Secretary of Defense on the Status of DoD’s Implementation of the U.S. policy on Anti-personnel Landmines.” It says the military is on schedule and is making progress toward complying with the president’s call for a global ban issued last May.

DoD is working with other government agencies to pursue a global ban through the Conference on Disarmament, DoD officials said. In January, Clinton permanently banned anti-personnel mine export and transfer and capped stockpiles at current inventory levels, DoD officials said.

Eliminating anti-personnel landmines, except for training purposes and defense of the Korean Demilitarized Zone, is DoD’s immediate goal. DoD officials say the right to use landmines in Korea must be preserved until alternatives become available or the risk of aggression has been removed. Without mines, the United States and South Korea could expect significantly higher casualties and a longer-lasting conflict between North and South, officials said.

The services are revising doctrine and reviewing war and contingency plans to reflect changes in the anti-personnel mine policy, officials said. DoD has also begun an aggressive research and development program to provide alternatives that will end U.S. reliance on mines. The fiscal 1997 budget allocates $2 billion for this purpose; the fiscal 1998 budget allocates $3 million and $5 million is allocated in fiscal 1999, officials said. 

DoD has tested new demining equipment in Bosnia, Cambodia, Laos and Rwanda with more prototypes to be fielded within the next two years, official said. Of 29 prototypes tested in fiscal 1995-1996, there were 17 deemed successful for immediate use in humanitarian demining operations, officials said. The fiscal 1997 and 1998 budgets include $14.4 million and $17.7 million, respectively, for the equipment development program. Twenty-one more projects will be fielded, officials said. 

Officials estimate 100 million landmines are buried in 70 countries around the globe. Humanitarian demining operations increased from 12 countries in fiscal 1996 to 14 in fiscal 1997, with 10 more countries being considered, DoD officials said. The number of DoD personnel deployed for demining operations increased 77 percent, up from 156 to 276, officials said. The number of local government forces trained is up 133 percent from 516 to 1,200, and the dollar value of equipment transferred to these operations is up 32 percent, from $1.9 million to $2.8 million.