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1 1 (November 22, 2024)

handle is hein.crs/goverjx0001 and id is 1 raw text is: Congressional Research Service Informing the legislative debate since 1914 0 Updated November 22, 2024 U.S. Antipersonnel Landmine Use Policy Current United States Polcy on Anti Personne Landm nes (APLi) On June 21, 2022, National Security Council (NSC) Spokesperson Adrienne Watson announced the United States would align its policy concerning use of antipersonnel landmines (APLs) outside of the Korean Peninsula with key provisions of The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer ofAnti-personnel Mines and on Their Destruction-commonly known as the Ottawa Convention. The convention requires States Parties to stop the production, use, and transfer of APLs, as well as to destroy all stockpiled APLs, except for the minimum number absolutely necessary for training purposes. According to a June 21, 2022, White House fact sheet, the Biden Administration arrived at this decision after conducting a comprehensive policy review. ackground Following the 1991 end of the Cold War, a number of governments began to question the utility of APLs in light of increasing civilian and U.N. peacekeeper casualties resulting from abandoned, unmarked, or unregistered minefields. In 1996, President Clinton announced a policy that immediately discontinued U.S. use of persistent APLs except in the demilitarized zone (DMZ) separating North and South Korea. Persistent APLs lack self- destructing and self-deactivating features. President Clinton also supported negotiation in the U.N. of a worldwide ban on APLs. In November 1996, the United States introduced a resolution to the U.N. General Assembly urging governments to pursue vigorously an effective, legally- binding international agreement to ban the use, stockpiling, production and transfer of APLs. While many governments supported such a ban, others were concerned that verifying such a ban would be difficult and that APLs still played a useful role in military operations. At the conclusion of an October 1996 conference in Ottawa, a number of governments agreed to work toward the earliest possible conclusion of a legally-binding international agreement to ban anti-personnel mines. Using language identical to the U.S.-sponsored version described above, the General Assembly adopted a resolution in December 1996 exhorting governments to adopt an international ban on APLs. Following several multilateral meetings, a September 1997 conference in Oslo adopted the Ottawa Convention text, and the treaty entered into force in 1999. The Clinton Administration did not sign the Ottawa Convention, arguing then that the agreement would preclude U.S. use of APLs in the DMZ. In February 2004, the George W. Bush Administration announced the United States would use persistent APLs only in the DMZ until 2010, after which the United States would not use such mines anywhere. The Bush Administration also indicated that the United States would develop alternatives to persistent landmines. Following a review of U.S. APL policy, the Obama Administration announced several changes to that policy. An NSC spokesperson stated in June 2014 that the United States would not in the future produce or otherwise acquire any APLs, including replacing expiring stockpiles. The Department of State noted in December 2014 that the United States was pursuing solutions that would be compliant with the Ottawa Convention and that would ultimately allow us to accede to the convention while ensuring that we are still able to meet our alliance commitments to South Korea. In 2014, the Obama Administration announced the APL policy, which the Administration later issued in January 2016 as Presidential Policy Directive-37 (PPD-37). PPD-37 forbade the use of APLs outside the Korean Peninsula, as well as assisting, encouraging, or inducing anyone outside the Korean Peninsula to engage in activity prohibited by the Ottawa Convention. Pursuant to this policy, the United States would undertake to destroy APL stockpiles not required for the defense of South Korea. In January 2020, the Department of Defense (DOD) announced a new APL policy. According to a January 31, 2020 DOD memorandum, President Trump, subsequent to an internal DOD review, decided to cancel PPD-37. The DOD memorandum permitted Combatant Commanders to authorize the use of nonpersistent APLs regardless of geographic location when necessary for mission success in major contingencies or other exceptional circumstances. The new policy authorized DOD to acquire, retain, and transfer a limited number of persistent landmines for training purposes. During a January 31, 2020, press briefing, a DOD official noted the potential need for the United States to develop new self-destructing APLs for use in accordance with the new policy. The above-cited memorandum stipulated that Military Departments should explore acquiring landmines and landmine alternatives that could further reduce the risk of unintended harm to noncombatants. Additional nformation on June 2022 APL Policy Decision A June 21, 2022, White House Fact Sheet stated the United States would not develop, produce, or acquire APLs; export

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