ABSTRACT

This chapter addresses the law governing methods (tactics) and means (weapons) of warfare, with a focus on regulating weapons. Part 1 briefly outlines the development of applicable treaty law, and identifies the role performed by customary international law regarding the employment of weapons of war. Part 2 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. Part 3 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; artificial intelligence, autonomous weapons; robotics; hypersonic and high-speed weapons; nanotechnology; and directed energy weapons. Finally, Part 4 looks 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.