[IAC+NIAC] Means and Methods of Warfare 2

Permitted 2

Prohibited 2

Methods of Warfare 3

Additional Protocol I, Art. 40 3

Additional Protocol I, Art. 53 3

Additional Protocol II, Art. 16 3

Additional Protocol I, Art. 54 3

Additional Protocol II, Art. 14 3

Additional Protocol I, Art. 55 3

Additional Protocol I, Art. 56 4

Additional Protocol II, Art. 15 4

Additional Protocol I, Art. 59 4

Additional Protocol I, Art. 60 5

Martens Clause 5

Permitted 6

Prohibited 6

Note on citations:

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).

[IAC+NIAC] Means and Methods of Warfare

Additional Protocol I, Art. 35

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.

Additional Protocol I, Art. 36

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.

Means of Warfare

Permitted

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.

Prohibited

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].

Methods of Warfare

Additional Protocol I, Art. 40

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

Additional Protocol I, Art. 53

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.

Additional Protocol II, Art. 16

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.

Additional Protocol I, Art. 54

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...

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