10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

6.3 OTHER PRACTICES TO HELP IMPLEMENT LAW OF WAR OBLIGATIONS WITH RESPECT TOWEAPONSA number of practices contribute to the effective implementation of law of warobligations with respect to weapons (although these practices are not necessarily required by thelaw of war): (1) using weapons in accordance with their design intent and the doctrine that hasbeen promulgated for their use; (2) refraining from modifying weapons without properauthorization; (3) refraining from using personal firearms during military operations; and (4)refraining from using captured weapons in combat, except on a field-expedient basis.6.3.1 Using Weapons in Accordance With Their Design Intent and PromulgatedDoctrine. The use of weapons in accordance with their design intent and the doctrine that hasbeen promulgated for their use contributes to compliance with law of war obligations withrespect to weapons because the legality of the weapon would have been reviewed based on itsintended use. 20 However, the use of weapons outside their design intent does not necessarilyviolate the law of war.Certain weapon systems may also be subject to law of war restrictions on how they are tobe used, such as incendiary weapons or mines. 21 In such cases, the use of the weapon inaccordance with doctrine and policy is required by international law because that doctrine andpolicy incorporates certain international obligations.6.3.1.1 Using Weapons for Purposes Other Than Those for Which a Weapon orTool Is Designed. Although in some cases military orders may restrict the use of certainweapons to only certain authorized purposes, there is not a law of war rule that requires thatweapons or tools only be used for the purposes for which they were designed.For example, an entrenching tool may be designed for digging fighting positions.However, its use as a weapon is not prohibited by the law of war. 22 Similarly, it is not prohibitedto use a laser that is not designed to blind enemy persons as a weapon to blind an attackingenemy. 23 It also generally would not be prohibited to use a weapon that has been designed todestroy enemy material, such as a large-caliber machine gun, against enemy personnel. 246.3.2 Refraining From Modifying Weapons Without Proper Authorization. For a varietyof reasons, DoD practice has been not to permit the modification of weapons without properauthorization.20 Refer to § 6.6.3.4 (Superfluous Injury Rule – the Circumstances to Be Assessed and Design Intent); § 6.7.2(Inherently Indiscriminate Weapons – Circumstances to Be Assessed and Design Intent).21 Refer to § 6.5.1 (Certain Types of Weapons With Specific Rules on Use).22 Refer to § 6.5.3.2 (Use of Tools to Stab or Cut).23 Refer to § 6.15.2.1 (Use of Non-Prohibited Laser Systems to Blind Is Not Absolutely Prohibited).24 Refer to § 6.5.4.7 (Anti-Personnel Use of Larger (e.g., .50) Caliber Guns or Cannons).316

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!