Published on 18 June 2025 in Client Alerts

Estonia, Latvia and Lithuania set to become first States to exit global land mines treaty

Between April and June 2025, the Parliaments of Estonia, Latvia and Lithuania each voted to approve their country’s exit from the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (the “Ottawa Convention”). The votes followed announcements in March and April 2025 by the Governments of Estonia, Finland, Latvia, Lithuania and Poland of plans to withdraw from the treaty.

The Ottawa Convention

The Ottawa Convention was signed in Oslo on 18 September 1997 and entered into force on 1 March 1999.  The treaty is widely ratified by some 165 States Parties, including 42 States Parties in Europe.  Notable non-members of the treaty include China, India, Pakistan, the Russian Federation and the United States.

The Convention defines “anti-personnel mines” as those “designed to be exploded by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or more persons” (Article 2).  Anti-vehicle mines (designed to be detonated by the weight of a vehicle) fall outside the scope of the Convention.

The Convention enshrines obligations on States Parties “never under any circumstances” to use, develop, produce, acquire or stockpile anti-personnel mines (Article 1).  States Parties are further obliged under the Convention to ensure the destruction of anti-personnel mines (Articles 1, 4 and 5).  The Convention also establishes an international cooperation framework for mine clearance and assistance to mine victims (Article 6).

Potential mass exodus from the Ottawa Convention

On 18 March 2025, the defence ministers of Estonia, Latvia, Lithuania and Poland issued a joint statement recommending withdrawal from the Ottawa Convention, citing a significant increase in military threats to NATO member States bordering Russia and Belarus.  The ministers described their decision as “sending a clear message: our countries are prepared and can use every necessary measure to defend our territory and freedom”.  At the same time, the joint statement reiterated their commitment to international humanitarian law and the protection of civilians during armed conflict.   A separate announcement by Finland’s Prime Minister followed on 1 April 2025, noting that Finland would begin preparations to withdraw from the Ottawa Convention.  Along similar lines as Estonia, Latvia, Lithuania and Poland, Finland’s official statement cited the need to take action to strengthen defence, while affirming Finland’s commitment to international humanitarian law and minimising mine-related harms.

On 16 April 2025 and 8 May 2025 respectively, the Parliaments of Latvia and Lithuania approved plans to withdraw from the treaty.  Both votes passed by overwhelming majority:  in Latvia, with 66 votes in favour, 14 votes against and two abstentions; and in Lithuania, with 107 votes in favour, none against and three abstentions.  On 4 June, the Parliament of Estonia also approved a law proposing withdrawal from the treaty, with 81 members of its 101-member Parliament voting in favour and only one abstention.

Comment

At a time of heightened geopolitical tensions, plans by Estonia, Finland, Latvia, Lithuania and Poland to withdraw from the Ottawa Convention reflect the complex balancing of security imperatives and humanitarian obligations.  Notably, each of these five States shares a lengthy land boundary with the Russian Federation. 

The Ottawa Convention expressly enshrines the right of each State, “exercising its national sovereignty … to withdraw from this Convention” (Article 20(2)).  Withdrawing States must give six months’ notice and provide a full explanation of the reasons for withdrawal.  It is not yet clear when Estonia, Latvia and Lithuania will proceed formally to transmit a six-month notice of withdrawal.  In line with the joint announcement of plans to withdraw by Estonia, Latvia, Lithuania and Poland, the new law approved by Latvia’s Parliament requires its foreign ministry to coordinate with the foreign ministries of Estonia and Lithuania over formal notices of withdrawal.

To date, no State has ever withdrawn from the Ottawa Convention.  Eritrea previously announced plans to withdraw from the treaty in protest in June 2023.  At the time, Eritrea’s violations of the treaty were the subject of compliance procedures under Article 8(2) of the treaty, initiated by the United Nations Secretary-General for the first time at the request of other States Parties.  Although Eritrea had formally written to the Secretary-General to communicate its notification of withdrawal, it ultimately rescinded its notification before any withdrawal took effect.

While Ukraine remains a member of the Ottawa Convention, it is widely reported to have received transfers of anti-personnel land mines from the United States in November 2024, for use in the ongoing conflict with Russia (a non-member of the treaty).  Reportedly, the mines in question are “non-persistent”, becoming automatically inert within two weeks or less.  Nonetheless, such acquisition and use of land mines would almost certainly place Ukraine in violation of its obligations under the treaty.  Even if Ukraine were to withdraw from the treaty (of which there have been no indications to date), Article 20 of the Ottawa Convention stipulates that no withdrawal may take effect until the end of any armed conflict in which the withdrawing State is engaged.  It remains to be seen whether Ukraine’s likely violation of the treaty will become the subject of compliance procedures, as in the case of Eritrea in recent years, and whether other States may follow recent moves to withdraw from the treaty.   

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