#17207 - International Humanitarian Law Means And Methods Of Warfare -

For treaties, I have used an abbreviation, followed by a period and the article number. Thus Geneva Convention IV, Article 42 becomes “GC4.42.” Article 2 Common to the Geneva Conventions becomes GC.CA2. The Hague Regulations are HR, and the Protocols Additional to the Geneva Conventions are AP1 & AP2.

Citations in the form “HB000” refer to section numbers in Fleck, The Handbook of International Humanitarian Law (3rd ed.).

I’ve also cited certain academic articles, commentaries and government documents:

ILA-Sydney refers to the International Law Association’s 2018 Sydney Conference Report on the Use of Force.

Sassòli refers to Marco Sassòli’s 2015 article “Combatants” in the Max Planck Encyclopedia of Public International Law.

DoD refers to the US Department of Defense Law of War Manual (Dec. 2016 Update).

ICRC guidance on civilians directly participating in hostilities refers to Nils Melzer (ICRC) Interpretive Guidance (2009).

Lubell refers to Noam Lubell, “Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups” 93 International Legal Studies 215 (2017).

In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.
It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.
It is prohibited to employ methods or means of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment.

In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.

Landmines that are detectable and self-deactivating [MinesProt].
- Must remove mines after conflict [MinesProt].
Incendiary weapons, when precautions are taken (away from civilians and not against environment) [IncenProt].
Nuclear weapons: not explicitly prohibited in principle, but weapon of last resort and would in practically all feasible cases violate IHL [ICJAdvisory].
- ICJ Nuclear Weapons Advisory Opinion (1996): there’s no direct prohibiton on nuclear weapons under IHL, but the Martens Clause suggests against it.

AP1.35(2): Prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.
- AP1.36: Review process for new weapons, means and methods.
Dum-dum (expanding/flattening) bullets [HagueDecl1899]
Weapons with primary effect is injuring by fragments not detectable by x-ray [Non-DetFragProt].
Cluster munitions (disperse smaller munitions) are strictly prohibited (no possession) [ClusterCon].
Certain kinds of mines
- Booby traps in developed or civilian-inhabited areas [MinesProt].
- Device designed to be detonated by mine detectors [MinesProt].
- Device or booby trap that appears as a harmless object or is attached/associated with protective emblems, sick/wounded, graves, medical facilities, food/drink, religious/cultural objects, things related to children, animals [MinesProt].
- Failure to record location of mines and other explosive remnants [MinesProt].
- Anti-personnel mines [LandMinesCon].
  - US, Russia, China did not sign [HB 409], but non-detectable anti-personnel mines are still bared by MinesProt.
Poison and poisoned weapons [HR.22].
Incendiaries without require precautions (away from civilians and not against environment) [IncenProt].
Asphyxiating, poisonous or other chemical gases are strictly prohibited (no possession) [GasProt].
- Many states lodged reciprocity reservations.
Biological, bacteriological and toxic weapons are strictly prohibited (no possession) [BioWepCon].
Lasers specifically designed with the sole combat function of blinding [LasersProt].

It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to conduct hostilities on this basis.

Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property, and of other relevant international instruments, it is prohibited:

to commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples;
to use such objects in support of the military effort;
to make such objects the object of reprisals.

Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property, it is prohibited to commit any acts of hostility directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, and to use them in support of the military effort.

Starvation of civilians as a method of warfare is prohibited.
It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve out civilians, to cause them to move away, or for any other motive.
The prohibitions in para. 2 shall not apply to the objects covered by it if used by an adverse Party:
1. as sustenance solely for the members of its armed forces; or
2. if not as sustenance, then in direct support of military action, provided, however, that in no event shall actions against these objects be taken which may be expected to leave the civilian population with such inadequate food or water as to cause its starvation or force its movement.
3. These objects shall not be made the object of reprisals.
In recognition of the vital requirements of any Party to the conflict in the defence of its national territory against invasion, derogation from the prohibitions contained in paragraph 2 may be made by a Party to the conflict within such territory under its own control where required by imperative military necessity.

Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, remove or render useless, for that purpose, objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works.

Care shall be taken in warfare to protect the natural environment against widespread, long-term and severe damage. This protection includes a prohibition of the use of methods or means of warfare which are intended or may be expected to cause such damage to the natural environment and thereby to prejudice the health or survival of the population.
Attacks against the natural environment by way of reprisals are prohibited.

Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population. Other military objectives located at or in the vicinity of these works or installations shall not be made the object of attack if such attack may cause the release of dangerous forces from the works or installations and consequent severe losses among the civilian population.
The special protection against attack provided by paragraph 1 shall cease:
1. for a dam or a dyke only if it is used for other than its normal function and in regular, significant and direct support of military operations and if attack is only feasible way to terminate support;
2. for a nuclear electrical generating station only if it provides electric power in regular, significant and direct support of military operations and if attack is the only feasible way to terminate such support;
3. for other military objectives located at or in the vicinity of these works or installations only if they are used in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support.
… If the protection ceases and any of the works, installations or military objectives mentioned in paragraph...

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