Challenges to Adjudication and Investigation
Edited by Fausto Pocar, Marco Pedrazzi and Micaela Frulli
Chapter 11: New weapons, old crimes?
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.
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