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12 Prohibited Weapons

From: The Additional Protocols to the Geneva Conventions in Context

Annyssa Bellal, Stuart Casey-Maslen

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2023

Subject(s):
Conduct of hostilities — Weapons, biological — Weapons, chemical — Weapons, conventional — Weapons, nuclear

This chapter looks into the treatment of weapons under the two Additional Protocols of 1977. It defines a weapon in accordance with international law. The right of parties to use weapons is not unlimited due to applicable treaties and customary rules restricting armed conflict parties. Additionally, the use of lawful weapons must comply with the rules of distinction and proportionality in attacks, while inherently indiscriminate weapons like biological and nuclear weapons and other things that cause unnecessary suffering should never be used. The 1977 Additional Protocol I stipulated the prohibition of weapons causing widespread, severe, and long-term damage to the environment. The chapter then clarifies how cyber operations are not inherently indiscriminate. It also highlights the importance of verifying the legality of weapons.

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