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2 - Less-Lethal Weapons and International Law

Published online by Cambridge University Press:  13 August 2021

Elisabeth Hoffberger-Pippan
Affiliation:
Johannes Kepler Universität Linz
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Summary

The concept of state sovereignty1 allows each state to possess weapons and trade with them, whether they are lethal or less lethal. The ICJ in the Nicaragua Case of 1986 held that “[t]here are no rules other than such rules as may be accepted by the State concerned, by treaty or otherwise, whereby the level of armaments of a sovereign State can be limited, and this principle is valid for all States without exception.”2 Even though states are generally free to possess weapons, they can enter into international agreements regulating the use, acquisition, or development of and trade with explicit types of weapons.3 Furthermore, international humanitarian and human rights law, whether enshrined in international treaties or based on customary law, have relevance for the use of less-lethal weapons.4

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Less-Lethal Weapons under International Law
A Three-Dimensional Perspective
, pp. 26 - 160
Publisher: Cambridge University Press
Print publication year: 2021

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