Section 6: The application of the provisions of this Protocol to parties to a conflict,
consolidated text (as at 2018). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
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.
C45A – 15 [Issue 10]
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 Act
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, boobytraps and other devices.
10. ”Self-destruction mechanism” means an incorporated or externally attached
automatically-functioning mechanism which secures the destruction of the
munitions into which it is incorporated or to which it is attached.
11. ”Self-neutralization mechanism” means an incorporated automaticallyfunctioning 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.
[Issue 10] C45A – 16
Revised Laws of Mauritius
14. ”Anti-handling device” means a device intended to protect a mine and
which is part of, linked to,
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.
[Issue 10] C45A – 16
Revised Laws of Mauritius
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