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2 results

  • 9 - Protecting Warfighters from Superfluous Injury and Unnecessary Suffering

  • Edited by Matt Killingsworth, University of Tasmania, Tim McCormack, University of Tasmania
  • Book:
    Civility, Barbarism and the Evolution of International Humanitarian Law
    Published online:
    11 January 2024
    Print publication:
    01 February 2024, pp 177-199

  • Summary

    According to a well-established rule of the law of armed conflict, warring parties are prohibited from employing weapons, means, and methods of warfare of a nature to cause superfluous injury or unnecessary suffering. Agreement about the foundational nature of this rule can, however, easily conceal the disagreement as to its precise meaning and efficacy. This paper considers the origins of the rule in question, and how key aspects of the rule are interpreted. It then examines one of the more contentious issues about the rule, namely whether it is only concerned with the inherent properties of particular weapons or whether it also deals with the use of weapons generally.