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ID 43412
file
title alternative
Prohibitions on the Use of Specific Weapons and Development of the Principle of Unnecessary Suffering: a Review of Treaty Practices that Forbid Specific Weapons based on the Principle until 1945
creator
Ishigami, Teruo
NDC
Law
abstract
This paper examines whether a principle of unnecessary suffering exists with legal meaning as an independent, binding norm in international humanitarian law. Further, the legal impacts as such, and its legal status in relation to conventional prohibitive rules on specific weapons are investigated. These legal matters are explored through examinations of the treaties signed before World War II that forbids specific weapons based on this principle. The principle of unnecessary suffering, which forbids employment of weapons, projectiles and materials and methods of warfare of a nature that would cause superfluous injury or unnecessary suffering is a well-established and longstanding principle of international humanitarian law. The principle has not only stood as a cardinal principle in international humanitarian law but also represented a law of humanity itself. However, the principle has been criticized for lack of clear definition regarding what constitutes “unnecessary” and for what purpose. Because of its vagueness, some argue that the principle is hollow and lacks legal meaning as an enforceable rule, as it does not entail a specific ban or restrictions on weapons through conventional stipulations. This paper contends that the general principle has legal impact in three ways: (1) its mutual complementary legal character toward specific ban approach, (2) the existence of a legal rule forbidding certain weapons in the form of customary law and (3) providing a legal
basis for an analogic approach to prohibiting certain weapons in international humanitarian law.
journal title
The Hiroshima Law Journal
volume
Volume 40
issue
Issue 3
start page
232
end page
207
date of issued
2017-01-13
publisher
広島大学法学会
issn
0386-5010
ncid
language
jpn
nii type
Departmental Bulletin Paper
HU type
Departmental Bulletin Papers
DCMI type
text
format
application/pdf
text version
publisher
rights
許可なく複製・転載することを禁じる。
department
Graduate School of Social Sciences
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