Book contents
- Frontmatter
- Contents
- Foreword by ICRC President Jakob Kellenberger
- Foreword by Judge Abdul G. Koroma
- Foreword by Yves Sandoz
- Acknowledgements
- Introduction
- List of abbreviations
- Part I The Principle of Distinction
- Part II Specifically Protected Persons and Objects
- Part III Specific Methods of Warfare
- Part IV Weapons
- Chapter 20 General Principles on the Use of Weapons (Rules 70–71)
- Chapter 21 Poison (Rule 72)
- Chapter 22 Nuclear Weapons
- Chapter 23 Biological Weapons (Rule 73)
- Chapter 24 Chemical Weapons (Rules 74–76)
- Chapter 25 Expanding Bullets (Rule 77)
- Chapter 26 Exploding Bullets (Rule 78)
- Chapter 27 Weapons Primarily Injuring by Non-detectable Fragments (Rule 79)
- Chapter 28 Booby-traps (Rule 80)
- Chapter 29 Landmines (Rules 81–83)
- Chapter 30 Incendiary Weapons (Rules 84–85)
- Chapter 31 Blinding Laser Weapons (Rule 86)
- Part V Treatment of Civilians and Persons Hors De Combat
- Part VI Implementation
Chapter 27 - Weapons Primarily Injuring by Non-detectable Fragments (Rule 79)
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Foreword by ICRC President Jakob Kellenberger
- Foreword by Judge Abdul G. Koroma
- Foreword by Yves Sandoz
- Acknowledgements
- Introduction
- List of abbreviations
- Part I The Principle of Distinction
- Part II Specifically Protected Persons and Objects
- Part III Specific Methods of Warfare
- Part IV Weapons
- Chapter 20 General Principles on the Use of Weapons (Rules 70–71)
- Chapter 21 Poison (Rule 72)
- Chapter 22 Nuclear Weapons
- Chapter 23 Biological Weapons (Rule 73)
- Chapter 24 Chemical Weapons (Rules 74–76)
- Chapter 25 Expanding Bullets (Rule 77)
- Chapter 26 Exploding Bullets (Rule 78)
- Chapter 27 Weapons Primarily Injuring by Non-detectable Fragments (Rule 79)
- Chapter 28 Booby-traps (Rule 80)
- Chapter 29 Landmines (Rules 81–83)
- Chapter 30 Incendiary Weapons (Rules 84–85)
- Chapter 31 Blinding Laser Weapons (Rule 86)
- Part V Treatment of Civilians and Persons Hors De Combat
- Part VI Implementation
Summary
Rule 79. The use of weapons the primary effect of which is to injure by fragments which are not detectable by X-rays in the human body is prohibited.
Practice
Volume II, Chapter 27.
Summary
State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.
International armed conflicts
Protocol I to the Convention on Certain Conventional Weapons prohibits the use of weapons the primary effect of which is to injure by fragments not detectable by X-rays. It was adopted without any controversy.
The prohibition is contained in numerous military manuals. The use of weapons injuring by fragments not detectable by X-rays is a war crime under the legislation of some States. It is also supported by official statements and reported practice. This practice includes that of States not at the time party to the Convention on Certain Conventional Weapons.
Non-international armed conflicts
When adopted, Protocol I to the Convention on Certain Conventional Weapons only applied to international armed conflicts. However, on ratification of the Convention, France, Israel and the United States stated that they would apply the Protocol to non-international armed conflicts as well. At the Second Review Conference of the Convention on Certain Conventional Weapons in 2001, the Convention was amended to extend application of the Protocol also to non-international armed conflicts. The amendment was not controversial during the negotiations and has meanwhile entered into force.
- Type
- Chapter
- Information
- Customary International Humanitarian Law , pp. 275 - 277Publisher: Cambridge University PressPrint publication year: 2005