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• poison, poisoned weapons, poisonous gases, and other chemical weapons; 30• biological weapons; 31• certain environmental modification techniques; 32• weapons that injure by fragments that are non-detectable by X-rays; 33• certain types of mines, booby-traps, and other devices; 34 and• blinding lasers. 356.4.3 Relationship Between the Specific Prohibitions and the General Prohibitions.When a specific prohibition on a weapon is viewed as reflecting customary international law,such prohibition may sometimes be viewed as, in effect, a declaration that the weapon isprohibited as one calculated to cause superfluous injury or as one that is inherentlyindiscriminate. 36However, a specific treaty prohibition on a weapon does not necessarily reflect a StateParty’s view that the weapon is prohibited by customary international law (e.g., that the weaponis calculated to cause superfluous injury or is inherently indiscriminate). For example, the mereprohibition or restriction of a weapon in the CCW or its Protocols does not necessarily reflect theconclusion that the weapon is calculated to cause superfluous injury or is inherentlyindiscriminate. 376.5 LAWFUL WEAPONSApart from the categories of weapons described in § 6.4 (Prohibited Weapons), all othertypes of weapons are lawful for use by the U.S. armed forces; that is, they are not illegal per se.In other words, other types of weapons are prohibited only to the extent that they fall under thecategories of weapons described in § 6.4 (Prohibited Weapons). For example, a landmine is not30 Refer to § 6.8 (Poison, Poisoned Weapons, Poisonous Gases, and Other Chemical Weapons).31 Refer to § 6.9 (Biological Weapons).32 Refer to § 6.10 (Certain Environmental Modification Techniques).33 Refer to § 6.11 (Weapons Injuring by Fragments Not Detectable by X-Rays).34 Refer to § 6.12.4 (Prohibited Classes of Mines, Booby-Traps, and Other Devices).35 Refer to § 6.15.1 (Prohibition on “Blinding Laser” Weapons).36 J. Fred Buzhardt, DoD General Counsel, Letter to Chairman Fulbright, Senate Committee on Foreign Relations,Apr. 5, 1971, 10 INTERNATIONAL LEGAL MATERIALS 1300, 1302 (1971) (“The thrust of the phrase ‘harmless toman’ made part of the discussion of the rules draws attention to Article 23(e) of the Hague Regulations of 1907,wherein combatants are forbidden to employ weapons ‘calculated to cause unnecessary suffering.’ However, theprovision in Hague Regulation Article 23(a) concerning the prohibition against using poison or poisoned weapons isa special case of this rule since it, in effect, declares that any use of a lethal substance against human beings is, perse, a use which is calculated to cause unnecessary suffering.”).37 Refer to § 19.21.1.3 (CCW and Customary International Law).318

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