ABSTRACT

This chapter discusses the law governing means and methods of warfare, with a focus on regulating weapons. Part 2 begins by briefly outlining the development of relevant treaty law, and identifies the role performed by customary international law regarding the employment of weapons of war. Part 3 then assesses the governing principles prohibiting superfluous injury and unnecessary suffering; the use of indiscriminate weapons; the protection of the environment; and the obligation introduced in Article 36 of Additional Protocol I to review the study, development, acquisition, or adoption of new weapons. Next, Part 4 considers the legality of weapons and weapons systems, such as expanding bullets; mines, booby-traps and improvised explosive devices; cluster munitions; poison, chemical, bacteriological, and nuclear weapons, as well as the use of riot control agents; cyber weapons; autonomous weapons; and nanotechnology. Finally, Part 5 ends the chapter by looking at tactics such as perfidy and treacherous conduct, and introduces the kill or capture debate that has arisen in the post-9/11 security environment.