Landmine Liability: Holding Manufacturers Responsible for the Cost of Victim Compensation

By Reynold N. Hoover

This article discusses the impact of unexploded landmines on the earth's environment and population and explores possible approaches for reducing the costly human, economic and environmental tolls of such landmines through a manufacturer liability system. The author examines the types of antipersonnel landmines used around the world, identifies the primary landmine producing countries, and finds that the cost of landmines in terms of human lives and lost agricultural land has reached crisis proportions, with the number of newly laid mines exceeding the rate of old landmine removal.

The author analyzes possible bases in international law for compensating the victims of unexploded landmines, concluding that while current international law is moving toward measures to stem the rising tide of landmine use around the country, it leaves issues of liability or victim compensation completely unaddressed. In order to compensate victims and provide sufficient economic incentives so that landmine manufacturers use available technology to reduce the risks to civilians, the author recommends that U.S. domestic products liability laws be used to hold landmine manufacturers liable for negligent designs and manufacturing which make such landmines continue to pose serious hazardous to civilian populations long after the original conflict in which they were deployed is over.