Research Guide to International Weapons Law

By Gudrun Monika Zagel

Gudrun Zagel is Professor of International Law and Human Rights at the University of the Federal Army Munich. She received her legal education from the University of Salzburg Law School as well as from the University of Texas School of Law at Austin, where she was a Fulbright Scholar. Previous work places include the Department of International Law at the University of Salzburg, where she held the position of an Assistant Professor, and consultant at the Office of the Legal Advisor of the Austrian Ministry of Foreign Affairs. Gudrun is the author of a treatise and numerous articles on international economic law and co-editor of Smit & Herzog on The Law of the European Union (Matthew Bender).

Published March 2015
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Introduction

Since the end of the 19 ^th century, with the development of technically more and more sophisticated weapons that cause increasingly brutal injuries to combatants as well as civilians, states started not only to ban certain types of weapons entirely but also to limit the quantity and to regulate the use of weapons. The 1868 Declaration of St. Petersburg is the first formal agreement banning the use of certain weapons in war. The two Hague Peace Conferences in 1899 as well as in 1907 brought progress in this respect. After fairly unsuccessful attempts in the League of Nations, a true multilateral process of disarmament started after the end of World War II in the framework of the UN, but also on the regional level.

The international law of weapons existing today comprises a large variety of rules. Whereas weapons of mass destruction are governed by a rather comprehensive and restrictive regime, in the field of conventional arms the rules are less widespread and existing treaties usually only govern specific categories of weapons and ammunitions. Also the scope of regulation differs from a complete ban to limitations on the production, stockpiling, use or trade in arms. Likewise, the compliance and verification mechanisms differ considerably depending on the type of arms and ammunition. Finally, there are rules on the use of arms in war time as a means and method of warfare, as well as on the use of arms in peace time for the purpose of law enforcement.

After an overview on general sources on international weapons law (I.) and institutions dealing with weapons, arms control and disarmament (II.), this research guide will, provide references on rules banning or limiting weapons of mass destruction (III.), rules governing conventional weapons (IV.), and rules regulating the use of weapons (V.)

Table of Contents

I. General Information

General Information on Arms and Arms Trade

Basic Bibliography

Leading Journals and Periodicals

Research Guides on the Internet

Libraries

Treaty and Documents Databases

II. Relevant Institutions

Research Institutions

NGOs

National Authorities Dealing with Weapons and Disarmament

III. Weapons of Mass Destruction

General Bibliography

Nuclear Weapons

General Bibliography

Non-Proliferation of Nuclear Weapons

Reduction of Nuclear Arms

Legal Sources

Bibliography

Legality of the Use of Nuclear Weapons

Organizations Monitoring Compliance with Nuclear Treaties

Biological and Chemical Weapons

Institutions Monitoring Compliance

Useful Links

IV. Conventional Weapons and Ammunition

1980 UN Convention on Certain Conventional Weapons

Small Arms and Light Weapons (SAWL)

Autonomous Weapon Systems

Legal Sources

Bibliography

Useful Links

Trade in Conventional Arms

Reduction and Limitation of Conventional Arms

Legal Sources

Monitoring Compliance

Bibliography

V. Rules Regulating the Use of Weapons

During Armed Conflict

I. General Information

General Information on Arms and Arms Trade :

· DOD Dictionary on Military Terms

· SIPRI Arms Transfers Database

· SIPRI Military Expenditure Database

· Small Arms Survey

· UN Report on Military Expenditures

· UN Register on Conventional Arms

Basic Bibliography :

· Burns, Richard Dean, The Evolution of Arms Control, Westport: Praeger Security International 2009.

· Casey-Maslen, Stuart, Weapons Under International Human Rights Law, Cambridge: Cambridge University Press 2014.

· Chevier, Marie Isabelle, Arms Control Policy: A Guide to the Issues, Santa Barbara: Praeger 2012.

· Dekker, Guido den, The Law of Arms Control : International Supervision and Enforcement, The Hague/ Boston/ London: Martinus Nijhoff 2001.

· Fennell, Simone/Tofan, Claudia/Global Law Association (ed.), Arms Control , Nijmegen: Wolf Legal Publishers 2011 ( Collection of Documents).

· Graham, Thomas Jr./ LaVera, Damien J., Cornerstones of Security: Arms Control Treaties in the Nuclear Area, Seattle: University of Washington Press 2002 (Collection of Documents with Introductory Remarks).

· Hulme, Karen, Weapons, in: White, Nigel D./Henderson, Christian (ed.), Research Handbook on International Conflict and Security Law: Jus ad bellum, Jus in bello, and Jus post bellum, Cheltenham: Elgar 2013, 315-341.

· Joyner, Daniel H. (ed.), Arms Control Law, Farnham: Ashgate 2012.

· Kalshoven, Frits, Arms, Disarmament and International Law, 191 RdC (1985) 183-342.

· Meier, Oliver/Daase , Christopher, Arms Control in the 21st Century : Between Coercion and Cooperation, London: Routledge 2013.

· Tuzmukhamedov, Bakhtiyar, Disarmament, in: Max Planck Encyclopedia of Public International Law, Oxford: Oxford University Press, last updated: May 2011.

Leading Journals and Periodicals :

· Disarmament Forum

· Journal on Conflict and Security Law

· SIPRI Yearbook

· Small Arms Survey

Research Guides on the Internet :

· Electronic Information System for International Law (EISIL): Arms Control and Disarmament

· Georgetown Law Library: International Arms Control Research Guide

· ICRC: Weapons

· Peace Palace Library Research Guide Disarmament

· UNOG Library Disarmament Resource Guide

Libraries :

· Library of the Max Planck Institute for Foreign Public Law and International Law

· Peace Palace Library

· SIPRI Library

Treaty and Documents Databases :

· ICRC: Customary International Law IHL Database

· ICRC: Treaties and States Parties to Such Treaties

· ICRC: Treaties specifically on Methods and Means of Warfare

· International Legal Search Engine: Human Rights & Humanitarian Law

· International Weapon’s Law Treaty Listing

· Nuclear Threat Initiative Treaties and Regimes

· UN: Disarmament Treaties Database

· United Nations Disarmament Yearbook

II. Relevant Institutions

United Nations

Relevant Bodies :

· UN Office for Disarmament Affairs (UNODA)

· UN General Assembly First Committee (Disarmament and International Security Committee)

· UN Disarmament Commission (Subsidiary Body of the UNGA)

· UN Conference on Disarmament

· UNSC 1540 Committee (dealing with non-proliferation of nuclear, biological and chemical weapons): based on UNSC United Nations Security Council Resolution 1540 (2004) Committee .

Further Information :

· UN Research Guide on Disarmament

· Simma, Bruno, The Charter of the United Nations Set: A Commentary, Oxford: Oxford University Press 2012, Art. 11 (1), Art. 26, Art. 47.

· Boothby, Derek, The United Nations and Disarmament, International Relations Studies and the United Nations Occasional Papers 2002.

League of Nations :

· League of Nations Disarmament Guide

OSCE :

· OSCE: Arms control

· OSCE Forum for Security Cooperation

NATO :

· NATO

ICRC :

· ICRC: Weapons and international humanitarian law

Research Institutions :

· ILA Committee on Arms Control and Disarmament Law(1992-2004)

· ILA Study Group on Nuclear Weapons, Non-Proliferation & Contemporary International Law

· International Institute for Strategic Studies (IISS)

· Stockholm International Peace Research Institute (SIPRI)

· UN Institute for Disarmament Research (UNIDIR)

NGOs :

· Arms Control Association

· The Center for Arms Control and Non-Proliferation

· International Committee for Robot Arms Control (ICRAC)

· Land Mine and Cluster Munition Monitor

· Nuclear Threat Initiative

· Small Arms Survey

· Weapon’s Law Encyclopedia

National Authorities Dealing with Weapons and Disarmament :

· Australia: Department of Foreign Affairs and Trade: Non Proliferation, Arms Control and Disarmament

· Canada: Department of Foreign Affairs, Trade and Development: Non-Proliferation and Disarmament

· Germany: Auswärtiges Amt: Abrüstung und Rüstungskontrolle

· Japan: Ministry of Foreign Affairs of Japan: Japan`s Policies on the Control of Arms Exports

· U.S. Department of State: Arms Control & International Security

· UK: Foreign & Commonwealth Office: Countering weapons proliferation

III. Weapons of Mass Destruction

With respect to weapons of mass destruction (nuclear, biological and chemical weapons), international treaty law provides the most comprehensive rules on their production, use and non-proliferation, as well as compliance.

General Bibliography :

· Joyner, Daniel H., International law and the Proliferation of Weapons of Mass Destruction, O xford, New York: Oxford University Press 2009.

· Lindstrom, Gustav, Proliferation of Weapons of Mass Destruction, in: Herd, Graeme P. (ed.), Great Powers and Strategic Stability in the 21st Century: Competing Visions of World Order , Abingdon: Routledge 2011, 45-64 .

· Sossai, Mirko, Disarmament and Non-Proliferation, in: White, Nigel D./Henderson, Christian (eds.), Research Handbook on International Conflict and Security Law : Jus ad bellum, Jus in bello, and Jus post bellum , Cheltenham: Elgar 2013, 41-66 .

· Venturini, G., Control and Verification of Multilateral Treaties on Disarmament and Non-Proliferation of Weapons of Mass Destruction, in: 17 UC Davis Journal of International Law and Policy (2010), 345-383.

Nuclear Weapons

In contrast to biological and chemical weapons, there is not complete ban of nuclear weapons. There are, however, numerous multilateral treaties governing specific aspects of nuclear weapons, such as the proliferation of nuclear weapons, establishing nuclear-weapon free zones, and banning tests with nuclear weapons.

General Bibliography :

· Borrie, John/ Caughley, Tim (eds.), Viewing Nuclear Weapons through a Humanitarian Lens, New York, Geneva: UNIDIR 2013.

· Huntley, Wade L./ Kurosawa, Mitsuru/Mizumoto, Kazumi (eds.), Nuclear Disarmament in the Twenty-first Century, Hiroshima: Hiroshima Peace Institute 2011.

· ILA Study Group on Nuclear Weapons, Non Proliferation & Contemporary International Law, Table of Treaties, Other International Instruments and Case Law, April 2014, available here .

· Joyner, Daniel H., Recent Developments in International Law Regarding Nuclear Weapons, in: 60 International and Comparative Law Quarterly (2011) 209-224 .

· Lodgaard, Sverre, Nuclear Disarmament and Non-Proliferation: Towards a Nuclear-Weapon-Free World?, Abington, New York: Routledge (2011).

· N ystuen, Gro, Nuclear Weapons under International Law, Cambridge: Cambridge University Press 2014.

· Singh, Nagendra, Nuclear Weapons and Contemporary International Law, Dordrecht: Kluwer Academic Publishers 1989.

Non-Proliferation of Nuclear Weapons

Legal Sources :

· Treaty on the Non-Proliferation of Nuclear Weapons (NPT) , opened for signature at London, Moscow and Washington on 1 July 1968, entered into force on 5 March 1970, 729 UNTS 161.

Bibliography :

· Asada, Masahiko, The Treaty on the Non-Proliferation of Nuclear Weapons and the Universalization of the Additional Protocol, in: 16 Journal of Conflict & Security ( 2011), 3-34

· Joyner, Daniel H., Interpreting the Nuclear Non-Proliferation Treaty, Oxford: Oxford University Press 2011 .

· Joyner, Daniel H./Roscini, Marco (ed.) Non-proliferation Law as a Special Regime, Cambridge, Cambridge University Press 2012.

· ILA Study Group on Nuclear Weapons, Non Proliferation & Contemporary International Law, Conference Report, Washington 2014.

· Kiernan, Paul M., ‘Disarmament’ under the NPT: Article VI in the 21st Century, in: 20 Journal of International Law and Practice ( 2011) 381-400 .

Nuclear Tests

Legal Sources :

· Treaty Banning Nuclear Weapon Tests in the Atmosphere , in Outer Space and Under Water (Partial Test Ban Treaty/PTBT), signed at Moscow on 5 August 1963, entered into force on 10 October 1963, 480 UNTS 43.

· Comprehensive Nuclear-Test-Ban Treaty (CTBT) , adopted by the UN General Assembly (A/RES/50/245) on 10 September 1996, opened for signature at New York on 24 September 1996, not yet in force, 35 ILM 1439 (1996) .

· International Court of Justice, Nuclear Tests Cases ( Australia v. France and New Zealand v. France ), Judgments of 20 December 1974, ICJ Reports 1974, 457.

Bibliography:

· Asada, Masahiko , CTBT : L egal Q uestions arising from its Non-entry-into-force , in: 7 Journal of Conflict & Security Law (2002) , 85-122.

· Johnson, Rebecca, Unfinished Business: The Negotiation of the CTBT and the End of Nuclear Testing , Geneva: UNIDIR 2009.

Reduction of Nuclear Arms

During the Cold War, but also after 1990 the US and the USSR have concluded a number of bilateral agreements on the reduction of short range and medium range missiles.

Legal Sources:

· Treaty on the Limitation of Anti-Ballistic Missile Systems (ABM Treaty) , signed at Moscow on 26 May 1972, entered into force on 3 October 1972, terminated on 13 June 2002, 944 UNTS 13.

· Interim Agreement between the United States of America and the Union of Soviet Socialist Republics on Certain Measures with Respect to the Limitation of Strategic Offensive Arms (Strategic Arms Limitation Talks/SALT I) , signed at Moscow on 26 May 1972, entered into force on 3 October 1972.

· Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Strategic Offensive Arms, Together with Agreed Statements and Common Understandings Regarding the Treaty (Strategic Arms Limitation Talks/SALT II) , signed at Vienna on 18 June 1979, never entered into force (superseded by START I), 18 ILM 1138 (1979).

· Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, (INF Treaty) , signed at Washington on 8 December 1987, entered into force on 1 June 1988, 27 ILM 84 (1988).

· Treaty between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms (Strategic Arms Reduction Treaty/START I) , signet at Moscow on 31 July 1991, entered into force on 5 December 1994, expired on 5 December 2009, 31 ILM 246 (1992) (only reference to the conclusion of the treaty).

· Treaty between the United States of America and the Union of Soviet Socialist Republics on Strategic Offensive Reductions (Strategic Arms Reduction Treaty/START II) , signed at Moscow on 3 January 1993, never entered into force.

· Treaty between the United States of America and the Russian Federation on Strategic Offensive Reductions (Strategic Offensive Reductions Treaty/SORT or Treaty of Moscow) , signed at Moscow on 24 May 2002, entered into force 1 June 2003, 41 ILM 799 (2002).

· Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms (New START) , signed at Prague on 8 April 2010, entered into force 5 February 2011.

Bibliography:

· Calvo-Goller, Notburga K./Calvo, Michel A., The SALT Agreements: Content-Application-Verification, Dordrecht: Nijhoff 1987.

· Heintze, Hans-Joachim, Strategic Arms Limitation Talks (SALT), in: Max Planck Encyclopedia of Public International Law, Oxford, Oxford University Press, last updated: March 2010.

· Patton, Tamara/Podvig, Pavel/Schell, Philip, A New START Model for Transparency in Nuclear Disarmament, New York, Geneva: UNIDIR 2013.

· Rebane, Alisa L. (ed.), The New START Treaty Between the US and Russia, New York: Nova Science 2010.

Legality of the Use of Nuclear Weapons

Legal Sources:

· International Court of Justice, Legality of the Threat or Use of Nuclear Weapons , Advisory Opinion, 8 July 1996, ICJ Reports 1996, 226.

Bibliography:

· De Chazournes, Laurence Boisson, International Law, the International Court of Justice and Nuclear Weapons, Cambridge: Cambridge University Press 1999.

· International Review of the Red Cross, 1997, No. 316 – Nuclear weapons: The Advisory Opinion of the International Court of Justice on the legality of nuclear weapons and international humanitarian law.

Nuclear-Free Zones

Legal Sources:

· Antarctic Treaty , signed at Washington on 1 December 1959, entered into force 23 June 1961, 402 UNTS 71.

· Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (Outer Space Treaty) , opened for signature at London, Moscow and Washington on 27 January 1967, entered into force on 10 October 1967, 610 UNTS 205.

· Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Treaty of Tlatelolco) , opened for signature at Mexico City on 14 February 1967, entered into force on 22 April 1968, 634 UNTS 326.

· Treaty on the Prohibition of the Emplacement of Nuclear Weapons and other Weapons of Mass Destruction on the Sea-bed and the Ocean Floor and in the Subsoil Thereof (Sea-bed Treaty) , opened for signature at London, Moscow and Washington on 11 February 1971, entered into force on 18 May 1972, 955 UNTS 116.

· South Pacific Nuclear Free Zone Treaty (Treaty of Rarotonga) , signed at Rarotonga on 6 August 1985, entered into force 11 December 1986, 1445 UNTS 178.

· Treaty on the Southeast Asia Nuclear Weapon-Free Zone (Treaty of Bangkok) , opened for signature at Bangkok on 15 December 1995, entered into force on 27 March 1997, 35 ILM 635 (1996).

· African Nuclear-Weapon-Free-Zone Treaty (Treaty of Pelindaba) , signed at Cairo on 11 April 1996, entered into force on 15 July 2009, 35 ILM 698 (1996).

· Treaty on a Nuclear Weapon Free Zone in Central Asia (Treaty of Semipalatinsk/Semei) , opened for signature at Semipalatinsk on 8 September 2006, entered into force on 21 March 2009.

Bibliography:

· Hellestveit, Cecilie/Mekonnen, Daniel, Nuclear Weapon-free Zones: The Political Context, in: Nystuen, Gro, Nuclear Weapons under International Law. Cambridge: Cambridge University Press 2014, 347-373.

· Mack, Andrew, Nuclear-free Z ones in the 1990s , Canberra: The Australian National University . Research School of Pacific Studies . Department of International Relations 1993.

· Roscini, Marco, International Law, Nuclear Weapon-free Zones and the Proposed Zone Free of Weapons of Mass Destruction in the Middle East, in: Nystuen, Gro, Nuclear Weapons under International Law, Cambridge: Cambridge University Press 2014, 321-346.

Nuclear Terrorism

Legal Sources:

· International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT) , adopted by the UN General Assembly (A/RES/59/290) on 13 April 2005, opened for signature at New York on 14 September 2005, entered into force on 7 July 2007, 2445 UNTS 89 .

· UN Security Council Resolution S/RES/1373 (2001), adopted on 28 September 2001 .

· UN Security Council Resolution S/RES/1540 (2004) , 28 April 2004 .

Bibliography:

· Bunn, Matthew, Nuclear Terrorism: A Strategy for Prevention, in: Brown, Michael E. (ed.), Going Nuclear: Nuclear Proliferation and International Security in the 21st Century, Cambridge: MIT Press 2010.

· Casey-Maslen, Stuart, Armed Non-State Actors and “Nuclear Terrorism” , in: Nystuen, Gro/ Casey-Maslen, Stuart/ Bersagel, Annie Golden, Nuclear Weapons under International Law, Cambridge: Cambridge University Press 2014.

· Fidler, David, Nuclear, Chemical and Biological Terrorism in International Law , in: Research Handbook on International Law and T errorism , Cheltenham: Elgar 2014, 100-120.

Organizations Monitoring Compliance with Nuclear Treaties :

· Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO)

· International Atomic Energy Agency (IAEA) – N uclear Safety and Security

· Organismo para la Proscripción de las Armas Nucleares en la América Latina y el Caribe (OPANAL)

Biological and Chemical Weapons

Legal Sources :

· Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare ( Geneva Protocol ) , signed at Geneva on 17 June 1925, entered into force on 8 February 1928.

· Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (Biological Weapons Convention/BWC) , opened for signature at London, Moscow and Washington on 10 April 1972, entered into force on 26 March 1975, 1015 UNTS 163.

· Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Chemical Weapons Convention/CWC) , adopted at the Conference on Disarmament held in Geneva on 3 September 1992, opened for signature at Paris on 13 January 1993, entered into force on 29 April 1997, 1974 UNTS 45.

Bibliography

General:

· Kelle, Alexander, Prohibiting Chemical and Biological Weapons: Multilateral Regimes and Their Evolution, Boulder, London: Lynne Rienner Publishers 2014.

· Tabassi, Lisa W. (ed.), OPCW: The Legal Texts, The Hague: T.M.C. Asser Press 2009

· Geneva Protocol 1925.

· Baxter, Richard R./ Buergenthal, Thomas., Legal A spects of the Geneva P rotocol of 1925 , in: 64 American Journal of International Law (1970), 853-879.

Biological Weapons:

· Gerstein, Daniel M., National Security and Arms Control in the Age of Biotechnology: The Biological and Toxin Weapons Convention, Lanham: Rowman & Littlefield 2013.

· Lederberg, Joshua, Biological Weapons: Limiting the Threat, Cambridge: Cambridge University Press 1999.

· Wright, Susan, Biological Warfare and Disarmament: New Problems/ New Perspectives, Lanham, Maryland: Rowman & Littlefield 2002.

Chemical Weapons:

· Bothe, Michael/Ronzitti, Natalino/Rosas, Alan, The New Chemical Weapons Convention, Leiden: Brill1998.

· Krutzsch, Walter/Myjer, Eric/Trapp, Ralf, The Chemical Weapons Convention: A Commentary, Oxford: Oxford University Press 2014.

· Morel , Benoit , Shadows and Substance: The Chemical Weapons Convention , Boulder: Westview Press 1993.

· Myjer, Eric P. J., Issues of Arms Control Law and the Chemical Weapons Convention, The Hague: Kluwer 2001.

· Thakur, Ramesh/ Haru, Ere (eds.), The Chemical Weapons Convention : I mplementation, Challenges and Opportunities , Tokyo: United Nations University Press 2006.

Institutions Monitoring Compliance :

· Organisation for the Prohibition of Chemical Weapons (OPCW)

· (Inofficial) Website of the CBW Convention

· Implementation Support Union (BWC)

Useful Links :

· The CBW Conventions Bulletin

· Peace Palace Library Research Guides Biological and Chemical Weapons

· Report of the OPCW on the Implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction : published annually.

IV. Conventional Weapons and Ammunition

There are a number of treaties addressing conventional weapons and banning or limiting their number, use or proliferation. Some categories of weapons, such as autonomous weapons systems or small arms and ammunition are, however, hardly regulated or regulation is still under discussion.

1980 UN Convention on Certain Conventional Weapons

The Convention provides a framework for negotiating the prohibition or restriction of specific conventional weapons that are considered to be excessively injurious or having indiscriminate effects. So far, 5 protocols have been concluded.

Legal Sources :

· Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (CCW) , concluded at Geneva on 10 October 1980 by the UN Conference on Prohibitions or Restrictions of the Use of Certain Conventional Weapons which may be deemed Excessively Injurious or to have Indiscriminate Effects, opened for signature at New York on 10 April 1981, entered into force on 2 December 1983, 1342 UNTS 137.

· Amendment to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (CCW) , amended at Geneva on 21 December 2001 (Second Review Conference), entered into force on 18 May 2004, 2260 UNTS 82.

· Protocol I to the CCW on Non-Detectable Fragments , concluded at Geneva on 10 October 1980, opened for signature at New York on 10 April 1981, entered into force on 2 December 1983, 1342 UNTS 137.

· Protocol II to the CCW on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices , concluded at Geneva on 10 October 1980, opened for signature at New York on 10 April 1981, entered into force on 2 December 1983, 1342 UNTS 137.

· Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended on 3 May 1996 , entered into force on 3 December 1998, 2048 UNTS 93.

· Protocol III to the CCW on Prohibitions or Restrictions on the Use of Incendiary Weapons , concluded at Geneva on 10 October 1980, opened for signature at New York on 10 April 1981, entered into force on 2 December 1983, 1342 UNTS 137.

· Protocol IV to the CCW on Blinding Laser Weapons , adopted by the Conference of States Parties to the CCW on 13 October 1995, entered into force on 30 July 1998, 1380 UNTS 370.

· Protocol V to the CCW on Explosive Remnants of War , adopted by the Conference of States Parties to the CCW on 28 November 2003, entered into force on 12 November 2006, 2399 UNTS 100.

Implementation :

· CCW Implementation Support Unit (ISU) , established by established by the Meeting of the High Contracting Parties to the Convention (Geneva, 12 – 13 November 2009).

Useful Links :

· UNOG CCW

Land Mines

Legal Sources :

· Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (Ottawa Convention) , concluded at Oslo on 18 September 1997 by the Diplomatic Conference on an International Total Ban on Anti-Personnel Land Mines, opened for signature at Ottawa on 3-4 December 1997, entered into force on 1 March 1999, 2056 UNTS 211.

· Protocol II to the CCW on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices adopted at Geneva on 10 October 1980 , opened for signature at New York on 10 April 1981, entered into force on 2 December 1983, 1342 UNTS 137.

· Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended on 3 May 1996 , entered into force on 3 December 1998, 2048 UNTS 93.

Bibliography :

· Bryden, Alan, International Law, Politics and Inhumane Weapons , London: Routledge 2012.

· Maslen, Stuart, The Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Anti-Personnel Mines and on their Destruction, Commentaries on Arms Control Treaties, Vol. 1, Second Edition, Oxford: Oxford University Press 2005.

· Rutherford, Kenneth R., Disarming States: the International Movement to Ban Landmines , Santa Barbara: Praeger 2011 .

Useful Links :

· International Campaign to Ban Landmines

· Landmine and Cluster Munition Monitor

Cluster Munition s

Legal Sources :

· Convention on Cluster Munitions , concluded at Dublin on 30 May 2008 by the Diplomatic Conference on Cluster Munitions, opened for signature at Oslo on 3 December 2008, entered into force on 1 August 2010, 2688 UNTS 35.

Bibliography :

· Borrie, John, Unacceptable Harm: A History of How the Treaty to Ban Cluster Munitions was Won , New York/Geneva: UNIDIR 2009.

· Breitegger, Alexander, Cluster Munitions and International Law: Disarmament with a Human Face?, London: Routledge 2012.

· Hayashi, Mika, The Convention on Cluster Munitions and the Clearance of Cluster Munition Remnants: Whose Responsibility, and How to Ensure Effective Implementation? , i n: 3 Journal of International Humanitarian Legal Studies (2012), 322-343.

· Nystuen, Gro./Casey-Maslen, Stweard (eds.), The Convention on Cluster Munitions: A Commentary , Oxford: Oxford University Press 2010 .

· Raccuia, Daniel Joseph, The Convention on Cluster Munitions: An Incomplete Solution to the Cluster Munitions Problem , in: 44 Vanderbilt Journal of Transnational Law (2011), 465-497.

Useful Links :

· Convention on Cluster Munitions website

· Cluster Munitions Coalition

· Landmine and Cluster Munitions Monitor

Small Arms and Light Weapons (SAWL)

Legal Sources

United Nations:

· Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects , adopted at the UN Conference on the Illicit Trade in Small Arms and Light Weapons on 20 July 2001

· International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons , adopted by the UN General Assembly on 8 December 2005

OSCE :

· OSCE Document on Small Arms and Light Weapons , adopted on 24 November 2000, reissued on 20 June 2012, FSC.DOC/1/00/Rev.1.

· OSCE Document on Stockpiles of Conventional Ammunition , adopted on 19 November 2003, FSC.DOC/1/03/Rev.1.

· OSCE, Handbook on Best Practices on Small Arms and Light Weapons , Forum for Security Cooperation Decision No. 5/03, OSCE 2003.

Regional: Africa :

· Central African Convention for the Control of Small Arms and Light Weapons, their Ammunition and all Parts and Components that can be used for their Manufacture, Repair and Assembly (Kinshasa Convention), adopted at Kinshasa on 30 April 2010, opened for signature at Brazzaville 19 November 2010, not yet in force.

· Protocol on the Control of Firearms, Ammunition and other related Materials in the Southern African Development Community (SADC) Region , signed at Blantyre on 14 August 2001, entered into force on 8 November 2004

· Nairobi Protocol for the Prevention, Control, and Reduction of Small Arms and Light Weapons in the Great Lakes Region and the Horn of Africa , adopted at Nairobi on 21 April 2004, entered into force 5 May 2006.

· ECOWAS Convention on Small Arms and Light Weapons , their Ammunition and other related Materials, adopted at Abuja on 14 June 2006, entered into force on 29 September 2009.

Regional: Americas:

· Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials , adopted at Washington D.C. on 14 November 1997, entered into force on 1 July 1998, 37 ILM 143 (1998).

Bibliography :

· Batchelor, Peter/Kenkel, Kai Michael (eds.), Controlling Small Arms, Consolidation, Innovation and Relevance in Research and Policy , London: Routledge 2014.

· Dahinden, Erwin/Dahlitz, Julie/Fischer, Nadia (eds.), Small Arms and Light Weapons: Legal Aspects of National and International Regulations, New York: United Nations 2002.

· Green, Oweb/Marsh, Nicolas, Small Arms, Crime and Conflict, Global Governance and the Threat of Armed Violence, London, New York: Routledge 2012.

· Parker, Sarah/Green, Katherine, A Decade of Implementing the United Nations Programme of Action on Small Arms and Light Weapons: Analysis of National Reports, Geneva: UN Institute for Disarmament Research (UNIDIR) 2012.

· Rogers, Damian, Postinternationalism and Small Arms Control: Theory, Politics, Security, Burlington: Ashgate 2009.

Useful Links :

· UNDOC Collection of Documents on Small Arms

· Small Arms Survey

· International Action Network on Small Arms

Autonomous Weapon Systems

Legal Sources

So far, there is no specific treaty governing the prohibition, limitation of use or trade in autonomous weapon’s systems. Accordingly, the existing rules of treaty law and customary international law on the use of autonomous weapon systems apply (Cf. infra Chapter IV.)

Bibliography :

· Anderson, Kenneth/ Reisner, Daniel/ Waxman, Matthew C., Adapting the Law of Armed Conflict to Autonomous Weapon Systems, in: 90 International Law Studies ( 2014), 386-411 .

· Asaro, Peter, On Banning Autonomous Weapon Systems: Human Rights, Automation, and the Dehumanizing of Lethal Decision-Making, in 94 International Review of the Red Cross (2012), 687-709.

· ICRC, Expert Meeting, Autonomous Weapons Systems: Technical, Military, Legal and Humanitarian Aspects, Geneva, Switzerland, 26 to 28 March 2014, 102 p, available here .

· Saxon, Dan (ed.), International Humanitarian Law and the Changing Technology of War, Leiden: Martinus Nijhoff Publishers 2013

Useful Links :

· UNOG: Lethal Autonomous Weapons

· International Committee for Robot Arms Control (ICRAC)

Trade in Conventional Arms

Another possibility to limit the use of conventional weapons is to limit their availability. This is done through a number of regimes limiting and regulating the trade in arms.

Basic Information :

· SIPRI Arms Transfers Database

· National Reports on Arms Exports: SIPRI National Reports Database

Legal Sources :

· Arms Trade Treaty (ATT) , adopted on 2 April 2013, opened for signature on 3 June 2013, entered into force 24 December 2014.

· Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime , adopted by the UN General Assembly (A/RES/55/255) on 31 May 2001, entered into force on 3 July 2005.

· The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies , implemented on 1 November 1996.

· Inter-American Convention on Transparency in Conventional Weapons Acquisitions , adopted at Guatemala City on 7 June 1999, entered into force on 21 November 2002.

· European Union Code of Conduct on Arms Exports , adopted on 5 June 1998.

· European Union, Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment

· EU Strategy to combat the illicit accumulation and trafficking of Small Arms and Light Weapons (SALW) and their ammunition , adopted by the European Council on 15-16 December 2005.

Bibliography :

· Brandes, Marlitt, “All’s Well That Ends Well” or “Much Ado About Nothing”?: A Commentary on the Arms Trade Treaty, in: 5 Goettingen Journal of International Law (2013), 399-429.

· Efrat, Asif, Toward Internationally Regulated Goods. Controlling the Trade in Small Arms and Light Weapons, in: 64 International Organization (2010), 97-131.

· Feinstein, Andres, The Shadow World. Inside the Grobal Arms Trade, London: Penguin Books 2011.

· Frey, Barbara, Obligations to protect the Right to Life : Constructing a Rule of Transfer Regarding Small Arms and Light Weapons , in Gibney, Mark/Skogly, Sigrun, Universal Human Rights and Extraterritorial Obligations, Philadelphia: University of Pennsylvania Press 2010, 30-54.

Useful Links :

· UN Arms Trade Treaty

· Wassenaar Arrangment

· European Union: Arms Export Control

Arm’s Embargoes

Legal Sources :

· SIPRI Arms Embargoes Database

· UN Security Council Sanctions Committees

· EU Sanctions

Bibliography :

· Fruchart, Damien/et al., United Nations Arms Embargoes, Their Impact on Arms Flows and Target Behaviours, Stockholm/Uppsala: SIPRI, Uppsala University 2007.

· Brzoska, Michael/Lopez Bingley, George A. (eds.), Putting Teeth in the Tiger: Improving the Effectiveness of Arms Embargoes, Bradford: Emerald Group Pub. 2009 .

Reduction and Limitation of Conventional Arms

Legal Sources :

· Treaty on Conventional Armed Forces in Europe (CFE) , opened for signature at Paris on 19 November 1990, entered into force on 9 November 1992, 30 ILM 1 (1991).

· Agreement on the Adaption of the Treaty on Conventional Armed Forces in Europe , adopted and signed at Istanbul on 19 November 1999, not yet in force.

Monitoring Compliance :

· OSCE Joint Consultative Group

Bibliography :

· The Conventional Armed Forces in Europe Treaty, in: Graham, Thomas Jr./ LaVera, Damien J., Cornerstones of Security: Arms Control Treaties in the Nuclear Area, Seattle: University of Washington Press 2002, 592-821.

V. Rules Regulating the Use of Weapons

The use of weapons that are not prohibited by one of the regimes mentioned in Part III or IV of this guide is governed by the rules of international law. In times of armed conflict, the rules of international humanitarian law apply, in times of peace, the use of weapons must comply with the requirements of international human rights law.

During Armed Conflict

During armed conflict, Hague and Geneva Law apply to the use of all weapons that are not banned or regulated by specific treaties (see Part II and IV). These rules are of special importance for new categories of weapons not yet covered by specific treaties (e.g. autonomous weapon systems).

Legal Sources :

· International Legal Search Engine: Human Rights & Humanitarian Law

· ICRC Treaty Database Methods and Means of Warfare

· ICRC Customary International Humanitarian Law Database:Chapter 20: Rules on Weapons

· Chapter 20: Related Practice (with reference to international treaties reflecting the CIL rules

· Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques ( ENMOD Convention) , adopted by the UN General Assembly (A/RES/31/72) on 10 December 1976, opened for signature at Geneva on 18 May 1977, entered into force on 5 October 1978, 1108 UNTS 151.

· Library of Congress: Geneva Conventions Materials

Bibliograph y:

· Anderson, Kenneth/ Reisner, Daniel/ Waxman, Matthew C., Adapting the Law of Armed Conflict to Autonomous Weapon Systems, in: 90 International Law Studies ( 2014), 386-411 .

· Bersagel, Annie Golden, Use of nuclear weapons as an international crime and the Rome Statute of the International Criminal Court, in: Nystuen, Gro/Casey-Maslen, Stuart/Bersagel, Annie Golden, Nuclear Weapons Under International Law, Cambridge: Cambridge University Press 2014, 221-244.

· Boothby, William, Weapons and the Law of Armed Conflict, Oxford: Oxford University Press 2009.

· Casey-Maslen, Stuart, Use of Nuclear Weapons as Genocide, a Crime against Humanity or a War Crime, in: Nystuen, Gro/Casey-Maslen, Stuart/Bersagel, Annie Golden, Nuclear Weapons Under International Law, Cambridge: Cambridge University Press 2014, 193 -220.

· Doswald-Beck, Louise (ed.), San Remo Manual on International Law Applicable to Armed Conflicts at Sea, Cambridge: Cambridge University Press 1995.

· Haines, Steven., Weapons, Means and Methods of Warfare, in Wilmshurst, Elizabeth/Breau, Susan. (eds.), Perspectives on the ICRC Study on Customary International Humanitarian Law , Cambridge: Cambridge University Press 2007, 258–281.

· Henckaerts, Jean-Marie/Doswald-Beck, Louise (eds.), Customary International Humanitarian Law, V ols 1–2, Cambridge: Cambridge University Press 2005.

· Nasu, Hitoshi/ McLaughlin, Robert (eds.), New T echnologies and the L aw of Armed Conflict , The Hague: TMC Asser 2014.

· Oeter, Stefan, Methods and Means of Combat, in Fleck, Dieter (ed.), The Handbook of International Humanitarian Law, 3 ^rd . ed., Oxford: Oxford University Press 2013, 401-488.

· Saxon, Dan (ed.), International Humanitarian Law and the Changing Technology of War , Leiden: Martinus Nijhoff Publishers 2013 .

· Schmitt, Michael N., Autonomous Weapon’s Systems and International Humanitarian Law: A Reply to the Critics, Harvard National Security Journal Features 2013.

During Peace Time

During peace time, arms may be used according to the national legal framework. However, states hold obligations under international law to ensure that basic human rights (in particular the right to life) are respected when weapons are used. 75 percent of all small arms are held by civilians, private security companies, armed groups or gangs, whereas only 25 per cent are held by law enforcement personnel. The use of weapons by law enforcement personnel is directly attributable to the state and thus states are obliged to ensure that the use of weapons by officials comply with international human rights law. But also regarding the use of weapons by civilians, states have obligations under human rights law to protect other persons under their jurisdiction from death and non-lethal violence caused by weapons in situations of homicide, suicide, extrajudicial killings.

Legal Sources :

· Prevention of Human Rights Violations Committed with Small Arms and Light Weapons, UN Human Rights Commission, Sub-Commission on the Promotion and Protection of Human Rights, Res. 2006/22 of 24 August 2006, Annex.

· UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials 1990, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990.

· Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, ECOSOC Res. 1989/65 of 24 May 1989.

· UN Code of Conduct for Law Enforcement Officials, UN General Assembly Res. 34/169 of 17 December 1979.

Bibliography :

· Casey-Maslen, Stuart, Weapons Under International Human Rights Law, Cambridge: Cambridge University Press 2014.

· Melzer, Nils, Targeted Killing in International Law, Oxford: Oxford University Press 2008, Part B: Law Enforcement, 83-240.

· UN Sub-Commission on the Promotion and Protection of Human Rights, Final Report Submitted by Barbara Frey, Special Rapporteur: Prevention of Human Rights Violations Committed with Small Arms and Light Weapons , 27 July 2006, A/HRC/Sub.1.

Useful Links:

· UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions