Chapter

New weapons, old crimes ?

Marina Castellaneta

War crimes and the conduct of hostilities : challenges to adjudication and investigation

Cheltenham ; Northampton : E. Elgar, 2013

p. 194-210

English

This article examines how new weapons have changed the way the criminality of their use is assessed. The author argues that even though there is an absence of specific prohibitions of certain types of new weapons, general principles of international humanitarian law (IHL) concerning the employment of weapons in armed conflicts and international criminal law are applicable, and must be taken into account in order to assess both the lawfulness of the use of such weapons and individual criminal responsibility. The author summarizes the application of IHL principles in the UN Fact-Finding Mission on the Gaza Conflict, and analyzes other contemporary situations involving the use of new weapons. In terms of criminal responsibility, the author argues that a lack of specific treaty rules does not preclude the prosecution of war crimes for serious IHL violations. However, the attribution of individual responsibility is sometimes difficult, particularly with respect to identifying a distant perpetrator of an attack. According to principle, the author argues, the person will be responsible for war crimes if the attack is conducted intentionally, and if the employment of the weapon has an indiscriminate effect or provokes large-scale damage to civilians or civilian objects. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

• War crimes and the conduct of hostilities : challenges to adjudication and investigation / ed. by Fausto Pocar, Marco Pedrazzi, Micaela Frulli