Differences in the Law of Weaponry When Applied to Non-International Armed Conflicts

• Author: William H. Boothby
• Position: Air Commodore, Royal Air Force
• Pages: 197-210

IX

Differences in the Law of Weaponry

When Applied to Non-International Armed

Conflicts

William H. Boothby*

Introduction

It is sensible to pose the question whether there is ameaningful distinction be-

tween the weapons law that applies during international armed conflict and

that which governs hostilities during anon-international armed conflict. After all,

philosophically, it could be argued that there is no rational basis for such adistinc-

tion. Why, the rhetorical question would go, should it be legitimate to expose in-

dividuals during acivil war to injuring mechanisms that have been found to be

unacceptable for employment during wars between States? 1If this is seen as a plea

that the law applicable in these classes of conflict be merged, that is not the pur-

pose of this article. Rather, the intent in what follows is to consider whether there

are in fact such differences in the law as it is, to identify the precise extent of any

such divergences and to ask whether they make sense.

*Air Commodore, Royal Air Force. The views expressed in this article represent the views of the

author in his personal capacity and are not intended to reflect the views of the Royal Air Force,

the United Kingdom Ministry of Defence or the United Kingdom government.