Limitations on Chemical and Biological Weapons

Author(s):  
Longobardo Marco ◽  
Fleck Dieter

This chapter provides an overview of treaty and customary international law rules applicable to means of combat. Belligerents do not need an authorization from international humanitarian law in relation to a specific means of combat. Rather, they are free to develop, produce, stockpile, transfer, or use any particular weapon, except for those cases in which a prohibitive rule of international humanitarian law dictates to the contrary. In order to guarantee effective implementation of the prohibition of certain means and methods of warfare, it is necessary to provide for an efficient procedure to ensure the legality of new weapons. This procedure is preventive in nature and aims at providing the belligerents with means of combat that do not violate international law prohibitions. The chapter discusses the prohibition of certain conventional weapons and then looks at weapons of mass destruction, which are simply defined as nuclear, chemical, and biological weapons. While the production, possession, and use of chemical weapons and biological weapons is prohibited under treaty law, the legal status of nuclear weapons is more complex.


1996 ◽  
Vol 15 (1) ◽  
pp. 114-115 ◽  
Author(s):  

Human Rights Watch is the largest U.S.-based independent human rights organization. It conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Human Rights Watch (HRW) includes five divisions, covering Africa, the Americas, Asia, the Middle East, and the signatories of the Helsinki accords, and has four thematic projects: the Arms Project, the Women's Rights Project, the Children's Rights Project, and the Free Expression Project. HRW maintains offices in New York, Washington, Los Angeles, London, Brussels, Moscow, Rio de Janeiro, Dushanbe, and Hong Kong. Human Rights Watch is a nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds.


1995 ◽  
Vol 35 (307) ◽  
pp. 391-410 ◽  
Author(s):  
Anita Parlow

The use of arms, projectiles, or material calculated to cause unnecessary suffering, and more especially of poisoned weapons (chemical and biological weapons), was banned under the conceptual framework of both the 1907 Hague Convention (IV) and the 1925 Geneva Protocol. In the discussions leading to a ban on the use of chemical weapons, diplomats from around the world referred to their use as “barbaric and dishonourable” because of their effect on soldiers or the likely indiscriminate impact on civilians. It is a universal achievement that it is now impossible to conceive of a world that does not show concern for civilians caught up in war. As international attention to the protection of civilians in internal armed conflicts grows, it is accompanied by renewed debate regarding regulation of warring parties' conduct through humanitarian and human rights law.


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