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The fact that the legality of a weapon is discussed in this manual does not obviate therequirement under applicable directives or regulations for a legal review of a weapon or weaponsystem that is to be acquired or procured.6.2.1 Review of New Types of Weapons. The development of new types of weapons hasoften resulted in public denunciation of their allegedly cruel effects and in attempts to prohibittheir use in armed conflict. 9 This has been true of the crossbow, siege engines for hurlingprojectiles, firearms, gunpowder, bayonets, and other weapons that have since been widelyrecognized as not prohibited by the law of war.Like other aspects of the law of war, the rules relating to weapons are generallycharacterized as prohibitive law forbidding certain weapons or the use of weapons in certaininstances rather than positive law authorizing the weapon or its use. 10 The lawfulness of the useof a type of weapon does not depend on the presence or absence of authorization, but, on thecontrary, on whether the weapon is prohibited. 11 Thus, the mere fact that a weapon is novel oremploys new technology does not mean that the weapon is illegal. 12 The law of war does notrequire States to establish a general practice of using a weapon before it is to be regarded aslegal. Moreover, it would appear absurd to suggest that a new type of weapon shouldautomatically be prohibited because there is no State practice supporting such use, or to suggestthat States must continue using a weapon in each conflict simply to maintain its legality.6.2.2 Questions Considered in the Legal Review of Weapons for Consistency With U.S.Law of War Obligations. The review of the acquisition or procurement of a weapon forconsistency with U.S. law of war obligations should consider three questions to determinewhether the weapon’s acquisition or procurement is prohibited:• whether the weapon’s intended use is calculated to cause superfluous injury; 13• whether the weapon is inherently indiscriminate; 14 and• whether the weapon falls within a class of weapons that has been specificallyprohibited. 159 1976 AIR FORCE PAMPHLET 110-31 6-7a (“The development of new weapons or methods of warfare has oftenresulted in public denunciation of their allegedly cruel effects, and attempts to prohibit their use in warfare. This hasbeen true of the crossbow, siege engines for hurling projectiles, firearms, gunpowder, bayonets and other lessefficient methods of warfare.”).10 Refer to § 1.3.3.1 (Law of War as Prohibitive Law).11 Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, 1996 I.C.J. 226, 247 (52) (“Nor, however,is there any principle or rule of international law which would make the legality of the threat or use of nuclearweapons or of any other weapons dependent on a specific authorization. State practice shows that the illegality ofthe use of certain weapons as such does not result from an absence of authorization but, on the contrary, isformulated in terms of prohibition.”).12 1976 AIR FORCE PAMPHLET 110-31 6-7a (“A weapon or method of warfare may not be considered illegal solelybecause it is new or has not previously been used in warfare.”).13 Refer to § 6.6 (Weapons Calculated to Cause Superfluous Injury).14 Refer to § 6.7 (Inherently Indiscriminate Weapons).314