The anti-landmine campaigner, British Maj-Gen James Cowan (ret.) might be expected to condemn outright President Biden’s November 19 decision to send anti-personnel mines to Ukraine.
After all, it has been attacked by campaigning groups like Human Rights Watch and Amnesty. And indeed the HALO Trust, the world’s biggest landmine clearance group, which Cowan runs, has said the spread of such mines is a “clear and present danger” in Eastern Europe.
But Cowan, former commander of UK forces in Iraq, pointed out that the US decision must be seen in context.
“War is inherently brutal,” he says. “One side seeks to prevail through violence unless the other can resist effectively. The international community has a responsibility to support nations under unwarranted aggression, as recognized in Article 51 of the UN Charter, which affirms Ukraine’s right to self-defense.”
Cowan goes out of his way to applaud President Zelenskyy’s commitment to international law, and emphasizes that his country has the legal right to self-defense; and that means, under certain guidelines, that even anti-personnel landmines are legal.
In Ukraine, the military situation is now dire — not just at the front lines, but across vast expanses of the country where landmines are a constant menace to life and limb. Nonetheless, the decision to send the mines (the US already provides anti-tank mines) raises significant diplomatic and humanitarian concerns, not least because Ukraine is a signatory to the 1997 anti-personnel mine convention.
Ukraine is already the most heavily mined country in the world, with many laid by Russia, which is not a convention signatory. In the past 1,000-plus days, an estimated two million landmines have been scattered across the country, leading Mine Action Review to classify the country as “massively contaminated.”
Landmines now affect 40% of Ukrainian territory. Once laid, these cannot be neutralized without extensive clearance efforts from organizations like the HALO Trust. Thus, landmines represent not merely a tactical weapon but a long-term threat to civilian safety, agricultural recovery, and national reconstruction.
Ukraine’s situation is extremely serious, especially since Russian tactics now emphasize the use of small groups of infantry to infiltrate its lines and push back its forces. The Ukrainian military argues the devices will make a significant difference, and notes that the arriving US mines have a limited shelf life since they are battery-powered and designed to expire after a period of time.
Cowan summarizes the guidelines that both Zelensky and the US are following.
1. Distinction: Combatants must be distinguished from civilians. Traditional landmines, including those that Russia used against Ukraine, fail this test as they do not discriminate between these groups, and lack self-destruction mechanisms once their military purpose has lapsed. The non-persistent US mines aim is to mitigate civilian harm.
2. Proportionality: This principle mandates that collateral damage must not be excessive relative to the military advantage gained. Careful placement away from populated areas and thorough mapping is crucial in minimizing civilian impacts.
3. Humanity: All individuals must have their fundamental rights respected. The moral responsibility for eventual mine clearance lies with those who deploy them and the global community supporting such actions.
4. Military Necessity: This principle justifies America’s decision amid shifting tides of war favoring Russia. Strengthening Ukraine’s defenses is critical for its survival; supplying landmines is a choice between the lesser of two evils.
Cowan emphasizes: “When deploying landmines is deemed necessary for military strategy, there must also be an unwavering commitment to their removal post-conflict. Fortunately, bipartisan support for landmine clearance in the US has been robust across administrations — both during Trump’s tenure and under Biden.”
He acknowledges that: “The scale of this challenge is staggering. If the HALO Trust alone were tasked with clearing two million mines in Ukraine, it would take approximately 127 years under consistent funding conditions.”
This moment presents a profound moral reckoning for the international community: we must support Ukraine in its fight for survival while ensuring that wartime tools do not become permanent hazards within its landscape. Achieving this balance requires a sustained commitment to humanitarian aid, mine clearance efforts, and post-conflict recovery initiatives.
Mitzi Perdue is a HALO Trust Ambassador, and also a journalist who writes from and about Ukraine.
Europe’s Edge is CEPA’s online journal covering critical topics on the foreign policy docket across Europe and North America. All opinions expressed on Europe’s Edge are those of the author alone and may not represent those of the institutions they represent or the Center for European Policy Analysis. CEPA maintains a strict intellectual independence policy across all its projects and publications.
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