Resolução n.º 70/98, de 29 de Dezembro de 1998
Resolução da Assembleia da República n.º 70/98 Aprova, para ratificação, o Protocolo sobre a Proibição ou Limitação da Utilização de Minas e Armadilhas e Outros Dispositivos, conforme foi modificado em 3 de Maio de 1996 (Protocolo II), anexo à Convenção sobre a Proibição ou Limitação do Uso de Certas Armas Convencionais Que Podem Ser Consideradas como Produzindo Efeitos Traumáticos Excessivos ou Ferindo Indiscriminadamente, adoptado em Genebra a 3 de Maio de 1996.
A Assembleia da República resolve, nos termos dos artigos 161.º, alínea i), e 166.º, n.º 5, da Constituição, aprovar, para ratificação, o Protocolo sobre a Proibição ou Limitação da Utilização de Minas e Armadilhas e Outros Dispositivos, conforme foi modificado em 3 de Maio de 1996 (Protocolo II), anexo à Convenção sobre a Proibição ou Limitação do Uso de Certas Armas Convencionais Que Podem Ser Consideradas como Produzindo Efeitos Traumáticos Excessivos ou Ferindo Indiscriminadamente, cuja versão autêntica em inglês, francês, russo, chinês e árabe e a respectiva tradução na língua portuguesa seguem em anexo.
Aprovada em 23 de Outubro de 1998.
O Presidente da Assembleia da República, António de Almeida Santos.
PROTOCOL ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF MINES, BOOBY-TRAPS AND OTHER DEVICES AS AMENDED ON 3 MAY 1996 (PROTOCOL II AS AMENDED ON 3 MAY 1996) ANNEXED TO THE CONVENTION ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS WHICH MAY BE DEEMED TO BE EXCESSIVELY INJURIOUS OR TO HAVE INDISCRIMINATE EFFECTS.
Article 1 Amended Protocol The Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (Protocol II), annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects ('the Convention') is hereby amended. The text of the Protocol as amended shall read as follows: 'Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as Amended on 3 May 1996 (Protocol II as amended on 3 May1996).
Article 1 Scope of application 1 - This Protocol relates to the use on land of the mines, booby-traps and other devices, defined herein, including mines laid to interdict beaches, waterway crossings or river crossings, but does not apply to the use of anti-ship mines at sea or in inland waterways.
2 - This Protocol shall apply, in addition to situations referred to in article 1 of this Convention, to situations referred to in article 3 common to the Geneva Conventions of 12 August 1949. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.
3 - In case of armed conflicts not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply the prohibitions and restrictions of this Protocol.
4 - Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the Government, by all legitimate means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State.
5 - Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict occurs.
6 - The application of the provisions of this Protocol to parties to a conflict, which are not High Contracting Parties that have accepted this Protocol, shall not change their legal status or the legal status of a disputed territory, either explicitly or implicitly.
Article 2 Definitions For the purpose of this Protocol: 1) 'Mine' means a munition placed under, on or near the ground or other surface area and designed to be exploded by the presence, proximity or contact of a person or vehicle; 2) 'Remotely-delivered mine' means a mine not directly emplaced but delivered by artillery, missile, rocket, mortar, or similar means, or dropped from an aircraft. Mines delivered from a land-based system from less than 500 metres are not considered to be 'remotely delivered', provided that they are used in accordance with article 5 and other relevant articles of this Protocol; 3) 'Anti-personnel mine' means a mine primarily designed to be exploded by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or more persons; 4) 'Booby-trap' means any device or material which is designed, constructed, or adapted to kill or injure, and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act; 5) 'Other devices' means manually-emplaced munitions and devices including improvised explosive devices designed to kill, injure or damage and which are actuated manually, by remote control or automatically after a lapse of time; 6) 'Military objective' means, so far as objects are concerned, any object which by its nature, location, purpose or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage; 7) 'Civilian objects' are all objects which are not military objectives as defined in paragraph 6 of this article; 8) 'Minefield' is a defined area in which mines have been emplaced and 'mined area' is an area which is dangerous due to the presence of mines. 'Phoney minefield' means an area free of mines that simulates a minefield. The term 'minefield' includes phoney minefields; 9) 'Recording' means a physical, administrative and technical operation designed to obtain, for the purpose of registration in official records, all available information facilitating the location of minefields, mined areas, mines, booby-traps and other devices; 10) 'Self-destruction mechanism' means an incorporated or externally attached automatically-functioning mechanism which secures the destruction of the munition into which it is incorporated or to which it is attached; 11) 'Self-neutralization mechanism' means an incorporated automatically-functioning mechanism which renders inoperable the munition into which it is incorporated; 12) 'Self-deactivating' means automatically rendering a munition inoperable by means of the irreversible exhaustion of a component, for example, a battery, that is essential to the operation of the munition; 13) 'Remote control' means control by commands from a distance; 14) 'Anti-handling device' means a device intended to protect a mine and which is part of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with the mine; 15) 'Transfer' involves, in addition to the physical movement of mines into or from national territory, the transfer of title to and control over the mines, but does not involve the transfer of territory containing emplaced mines.
Article 3 General restrictions on the use of mines, booby-traps and other devices 1 - This article applies to: a)Mines; b) Booby-traps; and c) Other devices.
2 - Each High Contracting Party or party to a conflict is, in accordance with the provisions of this Protocol, responsible for all mines, booby-traps, and other devices employed by it and undertakes to clear, remove, destroy or maintain them as specified in article 10 of this Protocol.
3 - It is prohibited in all circumstances to use any mine, booby-trap or other device which is designed or of a nature to cause superfluous injury or unnecessarysuffering.
4 - Weapons to which this article applies shall strictly comply with the standards and limitations specified in the technical annex with respect to each particular category.
5 - It is prohibited to use mines, booby-traps or other devices which employ a mechanism or device specifically designed to detonate the munition by the presence of commonly available mine detectors as a result of their magnetic or other non-contact influence during normal use in detection operations.
6 - It is prohibited to use a self-deactivating mine equipped with an anti-handling device that is designed in such a manner that the anti-handling device is capable of functioning after the mine has ceased to be capable of functioning.
7 - It is prohibited in all circumstances to direct weapons to which this article applies, either in offence, defence or by way of reprisals, against the civilian population as such or against individual civilians or civilian objects.
8 - The indiscriminate use of weapons to which this article applies is prohibited. Indiscriminate use is any placement of such weapons:
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Which is not on, or directed against, a military objective. In case of doubt as to whether an object which is normally dedicated to civilian purposes, such as a place of worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used; b) Which employs a method or means of delivery which cannot be directed at a specific military objective; or c) Which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.
9 - Several clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects are not to be treated as a single military objective.
10 - All feasible precautions shall be taken to protect civilians from the effects of weapons to which this article applies. Feasible precautions are those precautions which are...
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