Modern Weaponry and Warfare: The Application of Article 36 of Additional Protocol I by Governments

• Author: Marie Jacobsson
• Position: Principal Legal Adviser on International Law to the Swedish Ministry for Foreign Affairs
• Pages: 183-191

VIII

Modern Weaponry and Warfare:

The Application of Article 36 ofAdditional

Protocol Iby Governments

Marie Jacobsson*

Introduction

The basic rules directly addressing the use of weapons as reflected in Addi-

tional Protocol Ito the 1949 Geneva Conventions are found in Articles 35

and 36. 1Needless to say, there are other articles in the Protocol (primarily those re-

lating to targeting) and, of course, other conventions that also address matters re-

lating to the use of weapons. Regulating and restricting the use of weapons is not

only amatter that is dealt with in the context of international humanitarian law,

disarmament law and human rights law are also relevant.

Neither the 1949 Geneva Conventions nor the 1977 Additional Protocols prohibit

aspecific, easily identifiable weapon. This conclusion is by no means controversial.

On the contrary, the International Committee ofthe Red Cross's (ICRC's) Commen-

tary to the Additional Protocol Iclearly concluded that "[t]he Protocol does not im-

pose aspecific prohibition on any specific weapon. The prohibitions are those of

customary law, or are contained in other international agreements."2The ICRC's

Customary International Humanitarian Law3study draws the same conclusion.

*Principal Legal Adviser on International Law to the Swedish Ministry for Foreign Affairs. The

ideas presented in this paper do not necessarily reflect the views of the Swedish Government.

©2006 by Marie Jaobbson.