5cjxburmr

are party to the Nuclear Non-Proliferation Treaty and in compliance with their nuclear nonproliferationobligations. 4146.18.2 Nuclear Weapons and Arms Control Obligations. Nuclear weapons are regulatedby a number of arms control agreements restricting their development, testing, production,proliferation, deployment, use, and, with respect to specific types, possession. Some of theseagreements may not apply in times of war. Guidance on nuclear arms control agreements isbeyond the scope of this manual.6.18.3 AP I Provisions and Nuclear Weapons. Parties to AP I have expressed theunderstanding that the rules relating the use of weapons introduced by AP I were intended toapply exclusively to conventional weapons. 415 Thus, Parties to AP I have understood AP Iprovisions not to regulate or prohibit the use of nuclear weapons. 416 Although the United States414 Department of Defense, Nuclear Posture Review Report 17 (Apr. 2010) (“The United States will not use orthreaten to use nuclear weapons against non-nuclear weapons states that are party to the NPT and in compliancewith their nuclear non-proliferation obligations.”).415 Belgium, Statement on Ratification of AP I, May 20, 1986, 1435 UNTS 367 (“The Belgian Government, bearingin mind the preparatory work on the international instrument which is hereby ratified, wishes to stress that theProtocol was drawn up in order to expand the protection conferred by humanitarian law exclusively whenconventional weapons are used in armed conflicts, without prejudice to the provisions of international law relating tothe use of other types of weapons.”); Germany, Statement on Ratification of AP I, Feb. 14, 1991, 1607 UNTS 526,529 (“It is the understanding of the Federal Republic of Germany that the rules relating to the use of weaponsintroduced by Additional Protocol I were intended to apply exclusively to conventional weapons without prejudiceto any other rules of international law applicable to other types of weapons.”); Italy, Statement on Ratification of API, Feb. 27, 1986, 1425 UNTS 438 (“It is the understanding of the Government of Italy that the rules relating to theuse of weapons introduced by Additional Protocol I were intended to apply exclusively to conventional weapons.They do not prejudice any other rule of international law applicable to other types of weapons.”); Netherlands,Statement on Ratification of AP I, Jun. 26, 1987, 1477 UNTS 300 (“With regard to Protocol I as a whole: It is theunderstanding of the Government of the Kingdom of the Netherlands that the rules introduced by Protocol I relatingto the use of weapons were intended to apply and consequently do apply solely to conventional weapons, withoutprejudice to any other rules of international law applicable to other types of weapons;”); Spain, Statement onRatification of AP I, Apr. 21, 1989, 1537 UNTS 390, 391 (“This Protocol shall be understood to apply in itsparticular field, exclusively to conventional weapons and without prejudice to the norms of international lawapplicable to weapons of any other type.”).416 See, e.g., United Kingdom, Statement on Ratification of AP I, Jan. 28, 1998, 2020 UNTS 75, 76 (“It continues tobe the understanding of the United Kingdom that the rules introduced by the Protocol apply exclusively toconventional weapons without prejudice to any other rules of international law applicable to other types of weapons.In particular, the rules so introduced do not have any effect on and do not regulate or prohibit the use of nuclearweapons.”); France, Statement on Ratification of AP I, translated in SCHINDLER & TOMAN, THE LAWS OF ARMEDCONLFICTS: A COLLECTION OF CONVENTIONS, RESOLUTIONS, AND OTHER DOCUMENTS 800 (2004) (“Referring tothe draft protocol drawn up by the International Committee of the Red Cross which constituted the basis of 1974-1977 Diplomatic Conference, the Government of the French Republic continues to consider that the Protocol’sprovisions concern exclusively conventional weapons and do not regulate or prohibit the use of nuclear weapons,nor should they constitute a prejudice to any other rules of international law applicable to other activities necessaryfor the exercise by France of its inherent right of self-defense.”); Canada, Statement on Ratification of AP I, Nov. 20,1990, 1591 UNTS 462, 463 (“It is the understanding of the Government of Canada that the rules introduced byProtocol I were intended to apply exclusively to conventional weapons. In particular, the rules so introduced do nothave any effect on and do not regulate or prohibit the use of nuclear weapons.”).394