MEANS AND METHODS OF WARFARE

Question 1

2 FUNDAMENTAL PRINCIPLES

Answer 1

1. prohibition to create unnecessary suffering

2. prohibition to attack the civilian population

Question 2

Prohibition to cause UNNECESSARY SUFFERING

Answer 2

(protocol I - art 35)

prohibited to employ WEAPONS and METHODS of warfare OF A NATURE or CALCULATED to cause unnecessary/useless sufferings

Question 3

HORS DE COMBAT

Answer 3

They shall not be made the object of an attack

Hors de combat:

• in the power of an adverse party (captured)
• intention to surrender
• unconscious, wounded or sick, incapable of defending

Question 4

Prohibition of PERFIDY

Answer 4

Perfidy = acts inviting the confidence of an adversary to lead him to believe that he is entitled to (or is obliged to accord) protection under the rules of IHL - intent to betray the confidence:

• feigning an intent to negotiate
• feigning of an incapacitation (wound)
• feigning of civilian status
• feigning of protected status (UN..)

Question 5

Prohibition of INDISCRIMINATE ATTACKS

Answer 5

An indiscriminate attack is method or means of combat which:

• cannot be directed at a specific military objective
• the effect of which cannot be limited

Question 6

PROHIBITED WEAPONS

Answer 6

• CHEMICAL weapons - Paris Convention (disarmament + prohibition under IHL + OPCW)
• BACTERIOLOGICAL weapons - London Convention (disarmament)
• ANTI-PERSONNEL MINES - Ottawa Convention (disarmament + prohibition the use)

Question 7

NUCLEAR weapons

Answer 7

1. Nuclear Non-Proliferation Treaty - prohibition from developing and acquiring / except for nuclear powers
2. ICJ Advisory Opinion:
   
   • IHL apply to nuclear weapons (and the principle of neutrality apply)
   • GENERALLY the use of nuclear weapons would be in violation of the principle of distinction + result in unnecessary suffering
   • extreme circumstances of self-defense - no definitive conclusion by the Court
3. Treaty on the Prohibition of Nuclear Weapons
   prohibition (to produce, acquire, and use) both for nuclear powers and for allied states - BUT REJECTED BY ALL NUCLEAR POWERS