Anti-personnel mines have evolved into the military device of choice in many regional conflicts across the world. The author commences his analysis of this development by considering the impact of anti-personnel mines on civilian populations and the reasons historically articulated for their use. After evaluating their relative costs and benefits, the author proceeds to analyze the problem of anti-personnel mines under the principles of international law. First, the author considers legal principles regarding the permissible use of force by combatants, generally referred to as jus in bello. Next, the author evaluates the use of anti-personnel mines under jus in bello and determines that their use is not justified under that principle. The author then argues that the use of anti-personnel mines violates jus cogens norms of international law. The author concludes that civilized nations of the world should abolish the use of such ordinances as a peremptory norm of international law.
R. J. Araujo,
Anti-Personnel Mines and Peremptory Norms of International Law: Argument and Catalyst,
30 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol30/iss1/1