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Means and Methods - Coggle Diagram
Means and Methods
Means
weapons/physical devices
Prohibited means
Multi-layered rules
General
apply to all weapons
death inevitable
aggravate suffering
indiscriminate effects
Use of the weapon
e.g. classical air bomb
Nature of the weapon
e.g. unguided missiles
Specific
explicitly prohibit particular weapons
Expanding and explosive bullets
Poisoned weapons
Biological and bacteriological weapons
Chemical weapons
Weapons injuring by non-detectable fragments
Booby-traps
Landmines
Incendiary weapons
Blinding laser weapons
Antipersonnel mines
exploded by the presence
Obstruct economic development and reconstruction
Kill/maim hundreds
Mostly civilians
Prevent the repatriation displaced persons
1997 convention, Otawa
Cluster munition
(CCM), Dublin 2008
disperse or release explosive submunitions
WMD
Chemical Weapons
Chemical Weapons Convention (CWC)
CWC, 1992
creatoin of OPCW
1 more item...
intentional death/harm
Toxic chemicals
Munitions/devices
Biological Weapons Convention (BWC)
(BWC, 1972)1975.
First multilateral disarmament treaty
ban of
3 more items...
Nuclear Weapons
Non-Proliferation of Nuclear Weapons Treaty (NPT)
Objective:
preventing the spread of nuclear weapons
promote cooperation for use nuclear energy peacefully
nuclear disarmament
general/complete disarmament
Under the NPT
Non-nuclear-weapon States
1 more item...
Nuclear-weapon States
1 more item...
no universal prohibition
Why?
Long-established political doctrine
legality of nuclear weapons was left out of the deliberations
nuclear states insisted that
1 more item...
ICRC concerned because
destructive power.
destructive power.
The impossibility controlling effects in space and time
The risks of escalation
Threat to the envirionment
ICJ advisory opinion (1996)
The Legality of the threat or use of nuclear weapons
The principles and rules of IHL applied
IHL obligation does not deprive States from self-defense
Art. 36, API
development of new weapons
Methods
tactical/strategic devices
Premisis
“Cardinal principle” (ICJ 1996)
No unlimited freedom
to choose means/methods
Prohibition of use which will lead to
unnecessary suffering
superfluous injury
Overpower/weakening
military forces of the enemy
only legitimate object of war
Prohibited methods
Perfidy
Buid of trust with the intent of betrayal
cumulative elements
act of deception
applicability of a protection under the IHL
aim of gaining a military advantage
military advantage consists in:
killing
injuring
capturing
Examples
Intent to negotiate under a flag of truce
Incapacitation by wounds or sickness.
Civilian, non-combatant status.
Protected status by using signs
Ruses
Not prohibited
deceiving the adversary
Aim: gain of military advantage
no violetion of IHL
Not appealing to the good faith of the adversary
Examples
surprise attacks
retreats
camouflaging troops
Denial of quarter
Orders:
no survivors
conduct hostilities on this
basis
to threaten an adversary
Others
No attacks on persons out of combat if
in the power of an adverse party
Clearly express his intention to surrender
unable to defend himself
parachuting from an aircraft in distress
AP I and II
Children under the age of 15
shall not be conscripted
The forced conscription of nationals of the adverse party