Fenrick, The Conventional Weapons Convention: A Modest but Useful Treaty 279 INT'LREV.
The second method uses the conference mechanism of the 1980 UN Conventional Weapons Convention. (66) At these conferences, governments meet to consider issues regarding certain conventional weapons.
(61.) For a discussion of the UN Conventional Weapons Convention and its three initial protocols, see id.; Frits Kalshoven, The Conventional Weapons Convention: Underlying Legal Principles, 279 JNT'L REV.
Due to the concern of many States that Protocol II had not gone far enough, and in light of the continued widespread use of the mines in the years following adoption of the Conventional Weapons Convention mines protocol, the problem was readdressed at a Review Conference in 1995.
Although the 1996 Review Conference for the Conventional Weapons Convention resulted in amendment of the 1980 mines protocol, a number of States remained dissatisfied with anything short of a total prohibition on anti-personnel mines.
(103.) Conventional Weapons Convention, supra note 100, art.
The law that principally governs the use of anti-personnel land mines is commonly referred to as the Land Mines Protocol, annexed to the Conventional Weapons Convention, or Protocol II of that Convention.(74) Its inclusion was, in part, largely in response to the high numbers of civilian casualties caused by mines and unexploded munitions in Vietnam.
The conventional wisdom regarding the application of humanitarian law, including the Conventional Weapons Convention, continues to hold this type of state action outside the political jurisdiction of the international community.(81) But with the increased visibility of humanitarian issues, the NGO and ICRC lobby has generated considerable debate by states with hopes of their willingness to exercise self-restraint in the conduct of escalating internal wars.
The Conventional Weapons Convention, and especially the Land Mines Protocol, reaffirms and directly incorporates both customary and positive law and is therefore, already applicable to internal conflict.