Table of Contents

War Crimes and the Conduct of Hostilities

War Crimes and the Conduct of Hostilities

Challenges to Adjudication and Investigation

Edited by Fausto Pocar, Marco Pedrazzi and Micaela Frulli

Most charges for war crimes are brought for violations of the rules on the treatment of protected persons in armed conflict situations. However in certain cases, they are brought for serious breach of international humanitarian law rules governing the conduct of hostilities. This book seeks to address this somewhat neglected area of international criminal law.

Chapter 11: New weapons, old crimes?

Marina Castellaneta

Subjects: law - academic, human rights, public international law, terrorism and security law

Extract

Since the end of World War II and the use of atomic bombs in Hiroshima and Nagasaki on 6 and 9 August 1945, issues regarding the limits on, and the criminal responsibility for, the use of new weapons have a risen under international humanitarian law (IHL). By 7 December 1963 the Tokyo District Court in Shimoda et al v The State underlined that: It is a fundamental principle of international law in time of war that a belligerent has not an unlimited right in choosing the means of injuring the enemy, and should not use such weapons, projectiles and other material as cause unnecessary pain.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information