Robert G. Gard, Jr., Lt. Gen., USA, Retired
Military Advisor, Vietnam Veterans of America Foundation
A world-wide
consensus is solidifying against the use of indiscriminate weapons such as
poison gas and nuclear and biological weapons, precisely because they are
by nature indiscriminate and fail to meet the test of proportionality.
Landmines also are by nature indiscriminate; and their use therefore
violates the 1977 Protocol I Additional to the Geneva Conventions. They
have inflicted far more casualties on innocent civilians than nuclear,
chemical and biological weapons combined; and in view of their limited
military utility, they also fail the test of proportionality.
All of us, civilian and military alike share concern over the civilian
victims of landmines, so graphically illustrated this morning in the
presentation by the representative of the International Committee of the
Red Cross.
Despite this, one should not expect military professionals who are
responsible for conducting combat operations to give up voluntarily the
use of any weapon if it might, even under limited situations, prove useful
in protecting the lives of their soldiers. The military can be held
accountable for minimizing civilian casualties during conflict, but it is
uncharacteristic of them to weigh humanitarian considerations in arguing
their case to retain the option of employing a weapon already in their
arsenals.
It therefore is incumbent on the political, not the military,
leadership of nations to balance humanitarian considerations against the
purported military advantages of employing antipersonnel mines; and to do
so giving appropriate attention to customary international humanitarian
law, as well as to the specific provisions of the law of war. It is the
obligation of the military to comply with the political direction it
receives, as the military of so many nations in the case of the ban on
antipersonnel landmines already have.
As a former soldier, now in a position to view the landmine issue from
a less parochial standpoint, I hope that countries that have not yet
adhered to the Mine Ban Treaty, including my own, will do so; and that
those that are parties to the treaty will comply with it. Only then can we
reduce and eventually eliminate the horrendous casualties among innocent
civilians caused by this indiscriminate weapon of mass destruction in slow
motion. As Dr. Esa has pointed out, removing mines already emplaced will
be a futile effort if there are continuing widespread new mine
emplacements. That was the motivation for the movement to ban the weapon.
I wish to express my appreciation to the Djibouti Ministry of Foreign
Affairs and International Cooperation for hosting this conference and the
generous and enjoyable reception at the Sheraton. I also would like to
thank the Institute for Practical Research and Training -- Dr. Esa and his
able staff –