International Humanitarian Law In Theory And Practice
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The Rise of Armed Drones, Cyber Warfare and Killer Robots
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International Humanitarian Law In Theory And Practice
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Leiden University
This is including the prohibition of superfluous injury or unnecessary suffering, what do "superfluous injury" and "unnecessary suffering" terms mean exactly?, the prohibition of discrimination attacks, and new weapons and technology.
International Humanitarian Law In Theory And Practice
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THE RISE OF ARMED DRONES,
CYBER WARFARE AND “KILLER
ROBOTS”
In the history of warfare, the use of weapons, like napalm, expanding or dumdum
bullets, and chemical weapons have had devastating effects on entire regions, in for
example, Vietnam and Syria, and has led to the suffering and death of thousands of
people. Because of their enormous humanitarian consequences, certain types of
weapons used in armed conflict have been either restricted or prohibited by IHL. These
weapons are also referred to as the means of warfare and are guided by the same
fundamental principles of IHL as the methods of warfare.
The prohibition of superfluous bullets. These bullets are designed to expand
injury or unnecessary suffering upon impact and to increase in size to produce a
larger wound for faster incapacitation.
This is crucial in deciding whether the use of
While some of these means of warfare have also
certain weapon is prohibited under IHL. The
been restricted or prohibited by treaties created
prohibition, which is laid down in Article 35,
specifically for this purpose, such as the Protocol
paragraph 2 of Additional Protocol I, prohibits
on Blinding Laser Weapons or the Convention on
parties to a conflict from employing weapons,
Anti Personal Mines, it is important to note that
projectiles, and material, and methods of
such weapons would already be banned under the
warfare which are of a nature to cause
general prohibition to cause unnecessary suffering
superfluous injury or unnecessary suffering. In
or superfluous injury.
other word, IHL restricts or prohibits certain
The prohibition of indiscriminate
weapons which cause severe injury to soldiers
and civilians and which are at the same time
unnecessary to win the war. attacks
This is closely connected to the principle of
What do “superfluous injury” distinction. Indiscriminate attacks are those which
and “unnecessary suffering” cannot be directed at specific military objectives.
terms mean exactly?
Article 51, paragraph 4 of API, provides that
weapons which cannot be directed at specific
Given the absence of a treaty-based definition, military objectives and which consequently strike
many states have accepted that a balance must military objectives and civilians without distinction
be struck between military necessity and are indiscriminate and therefore prohibited. This
considerations of humanity when answering this includes weapons which are expected to cause
question. The International Court of Justice excessive collateral damage as specified in
affirmed this approach in its nuclear weapons paragraph 5 of Article 51. A clear example of an
Advisory Opinion. According to the court, it's indiscriminate weapon is a landmine, which can
unlawful to cause harm to combatants, which is be triggered by either a civilian or a combatant
greater than that unavoidable to achieve without being able to distinguish between the
legitimate military objectives. two.
Weapons that would cause unnecessary suffering The prohibition of superfluous injury or
or superfluous injury include, those with unnecessary suffering on the one hand and the
exploding or expanding bullets, such as dum dum provision of indiscriminate weapons on the other
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