10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

is not a Party to AP I, the United States participated in the diplomatic conference that negotiatedAP I based upon this understanding. 4176.18.4 Authority to Launch Nuclear Weapons. The authority to launch nuclear weaponsgenerally is restricted to the highest levels of government. The domestic law and proceduresconcerning nuclear weapons employment are beyond the scope of this manual.6.19 EXPLOSIVE ORDNANCEInformation should be kept on the use of explosive ordnance in order to reduce the riskposed by explosive remnants of war once the conflict has ended. 418 If possible, explosiveordnance that must be abandoned should be left in a safe and secure manner, and informationshould be recorded and retained on its abandonment. 419 In addition, generic preventive measuresshould be taken during the life-cycle of explosive ordnance in order to minimize the occurrenceof explosive remnants of war. 4206.19.1Ordnance.Definitions of Explosive Ordnance, Unexploded Ordnance, and Abandoned6.19.1.1 Definition of Explosive Ordnance. “Explosive ordnance” meansconventional munitions containing explosives, with the exception of mines, booby-traps, andother devices as defined in the CCW Amended Mines Protocol. 421As a factual matter, mines, booby-traps, and other devices may constitute explosiveordnance, but the legal definition of explosive ordnance in the CCW Protocol V on ExplosiveRemnants of War excludes these items because they are addressed by the CCW Amended MinesProtocol. 422417 APPENDIX TO 1985 CJCS MEMO ON AP I 89 (“The United States participated in the negotiation of the Protocol onthe assumption that its rules on the conduct of combat operations would not apply to the use of nuclear weapons, aposition based on statements in the introduction to the original draft of the Protocol tabled by the Red Cross.”);United States, Statement on Signature of AP I, 1125 UNTS 434 (“1. It is the understanding of the United States ofAmerica that the rules established by this Protocol were not intended to have any effect on and do not regulate orprohibit the use of nuclear weapons.”). See also International Committee of the Red Cross, Introduction, DraftAdditional Protocols to the Geneva Conventions of August 12, 1949, June 1973, 2, reprinted in I OFFICIAL RECORDSOF THE CDDH Part Three (“Problems relating to atomic, bacteriological and chemical warfare are subjects ofinternational agreements or negotiations by governments, and in submitting these draft Additional Protocols, theICRC does not intend to broach those problems.”).418 Refer to § 6.19.2 (Using Explosive Ordnance).419 Refer to § 6.19.3 (Abandoning Explosive Ordnance).420 Refer to § 6.19.5 (Generic Preventive Measures During the Life-Cycle of Explosive Ordnance Aimed atMinimizing the Occurrence of Explosive Remnants of War).421 CCW PROTOCOL V ON EXPLOSIVE REMNANTS OF WAR art. 2(1) (“Explosive ordnance means conventionalmunitions containing explosives, with the exception of mines, booby traps and other devices as defined in ProtocolII of this Convention as amended on 3 May 1996.”).422 Refer to § 6.12.1 (Definition of Mine); § 6.12.2 (Definition of Booby-Trap); § 6.12.3 (Definition of “OtherDevices” Similar to Mines).395

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

Saved successfully!

Ooh no, something went wrong!