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Weapons and international humanitarian law

International humanitarian law contains basic principles and rules governing the choice of weapons and prohibits or restricts the employment of certain weapons, means and methods of warfare.

As part of its mandate to promote the implementation and development of international humanitarian law, the ICRC seeks to ensure that weapons in use and under development conform to the existing rules.

Combatants are prohibited to use weapons which are inherently indiscriminate or which are of a nature to inflict suffering greater than that required to take a combatants "out of action". Weapons which violate the "dictates of the public conscience" may also be prohibited on that basis alone. The use of weapons which cause widespread, longterm and severe damage to the natural environment is prohibited.

Specific treaties prohibit or restrict the use of certain weapons such as biological, chemical, blinding laser or incendiary weapons or bullets which explode or flatten easily in the human body.

International humanitarian law concerns were central to the worldwide campaign to ban anti-personnel mines which culminated in 1997 in the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (Ottawa treaty).

Currently international efforts are being pursued to achieve a new international agreement which would prevent and remedy the effects on civilians of explosive remnants of war.

See also: ICRC activities/Assistance/Health/Weapons and health
Key document
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    General and complete disarmament
    United Nations, General Assembly, 57th session, First committee, item 66, 70 and 72 of the agenda. Statement by the International Committee of the Red Cross (ICRC), New York, 7 October 2002
    (Humanitarian law\Weapons)
    7-10-2002
    Official Statement
    General and complete disarmament
    United Nations General Assembly, 56th session, First Committee, Items 74, 78 and 81 of the agenda. Statement by Georges Paclisanu, Head of Delegation, International Committee of the Red Cross (ICRC), New York, 17 October 2001
    (Humanitarian law\Weapons)
    17-10-2001
    Official statement
    ICRC involvement in banning or restricting the use of certain weapons
    ICRC delegation to the 17th annual seminar for diplomats on international humanitarian law, United Nations and New York University School of Law. Presentation by Yves Sandoz, former Director for International Law and Communication.
    Yves Sandoz  (Humanitarian law\Weapons)
    9-2-2000
In other sections
ICRC publication
    Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be deemed to be Excessively Injurious or to have Indiscriminate Effects
    The Convention on Certain Conventional Weapons is one of the principal instruments of international humanitarian law. It seeks to minimize suffering in armed conflict by prohibiting or regulating the use of certain weapons which may cause unnecessary suffering or have indiscriminate effects. This publication contains the text of the Convention and its Protocols adopted through 21 December 2001. It is intended to promote understanding of the Convention's rules and to facilitate its ratification and implementation by governments.
    (Info resources\ICRC catalogue\Publications\Humanitarian law)
    31-12-2002
    ICRC publication
    Review of the legality of weapons: a new approach
    Which weapons are of a nature to cause "superfluous injury or unnecessary suffering"? To help the international community settle this question, the ICRC launched the SIrUS project with a view to providing objective criteria. The first part of this article presents the results of a statistical study of the effects of weapons that can serve as a medical basis for developing such criteria. The second part focuses on legal issues and includes proposals submitted by the ICRC at the 27th International Conference of the Red Cross and Red Crescent, held in Geneva from 31 October to 6 November 1999.
    Robin M. Coupland, FRCS, Peter Herby  (Info resources\ICRC catalogue\Publications\Humanitarian law)
    31-12-1999
    ICRC publication
    Arms availability and the situation of civilians in armed conflict : a study presented by the ICRC
    In 1995, the 26th International Conference of the Red Cross and Red Crescent asked the ICRC to conduct a study on the extent to which the availability of weapons is contributing to the proliferation and aggravation of violations of international humanitarian law in armed conflicts and to the deterioration of the situation of civilians. This document describes such matters as the nature of current conflicts and the availability of weapons, presents empirical data establishing a link between arms availability and humanitarian problems, and proposes restrictions based on respect for international humanitarian law.
    (Info resources\ICRC catalogue\Publications\Humanitarian law)
    31-12-1999
    ICRC publication
    The principle of superfluous injury or unnecessary suffering : from the Declaration of St Petersburg of 1868 to Additional Protocol I of 1977
    Detailed study on the development of the concept of superfluous injury or unnecessary suffering, which involves the issue of methods and means of warfare. This concept has led to the introduction of an important new rule defining and restricting the military objectives that may lawfully be attacked.
    Henri Meyrowitz   (Info resources\ICRC catalogue\Publications\Humanitarian law)
    31-12-1994
    ICRC publication
    The International Committee of the Red Cross and the problem of excessively injurious or indiscriminate weapons
    This article describes the difficulties encountered in reconciling prohibitions or restrictions on certain weapons, on the one hand, with military imperatives on the other. It tells of the ICRC's efforts since 1864 to achieve progress in this field through the development of international humanitarian law. It also examines the 1980 UN Conventional Weapons Convention and its three Protocols (on non-detectable fragments; prohibitions or restrictions on the use of mines, booby-traps and other devices; and prohibitions or restrictions on incendiary weapons); and the resolution concerning small-calibre weapons. The 1980 Convention is analysed in relation to Additional Protocol I.
    Maurice Aubert  (Info resources\ICRC catalogue\Publications\Humanitarian law)
    31-12-1991
    ICRC publication
    Conference of government experts on the use of certain conventional weapons : report II
    At the request of the 22nd International Conference of the Red Cross (1973), the ICRC organized a conference of government experts to examine the report entitled "Weapons that may cause unnecessary suffering or have indiscriminate effects". Following each of the Conference's two sessions, a report was published containing the findings and comments of the experts.
    (Info resources\ICRC catalogue\Publications\Humanitarian law)
    31-12-1976
    ICRC publication
    Conference of government experts on the use of certain conventional weapons : report I
    At the request of the 22nd International Conference of the Red Cross (1973), the ICRC organized a conference of government experts to examine the report entitled "Weapons that may cause unnecessary suffering or have indiscriminate effects". Following each of the Conference's two sessions, a report was published containing the findings and comments of the experts.
    (Info resources\ICRC catalogue\Publications\Humanitarian law)
    31-12-1975
    ICRC publication


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