Ondřej, Jan: Mixed Instruments in International Disarmament and Humanitarian Law


Mixed Instruments combine elements of the Disarmament Law and Humanitarian Law. Disarmament is understood as partial or complete reduction of arms and armed forces. Disarmament in a broader sense of the word also includes other measures which are not directly disarmament in their character but serve to reduction or other modification of armament, arms spreading, their testing etc. Disarmament is generally based on political aspects.

On the other hand the main objective of the Humanitarian Law in the broader sense of the word is the protection of victims of armed conflicts, prohibition of certain specific methods and means of warfare etc. There are several international treaties that contain disarmament and humanitarian aspects The Chemical Weapons Convention of 1993, Anti-Personnel Landmines Convention of 1997, Convention on Cluster Munitions of 2008. Certain elements of both areas of international law are contained in The Biological Weapons Convention of 1972 (disarmament treaty) and The Convention on Certain Conventional Weapons of 1980 (treaty in the Humanitarian Law area). Concerning the prohibition of arms the best solution is a complete prohibition of arms. For example, only the complete ban of anti-personnel mines can prevent the indiscriminate effects of these mines and their long-term destructive effects on civilian population.