Treaties, States Parties and Commentaries
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Commentary of 1987 
[p.387] Part III, Section I -- Methods and means of warfare


1380 This Section is aimed primarily at reaffirming and developing Articles 22 , 23 (b),(c), (d), (e),(f), and 24 of the Hague Regulations of 1907. Article 23 (a), which deals with the prohibition of poison, was not included, as particular individual weapons were the subject of separate studies. In fact, this omission has no effect on the prohibition which remains fully in force. Similarly, the rules relating to the treatment of enemy property (Article 23 (g) and (h)) were not included here as this problem seemed to be less urgent. On the other hand, three absolutely new provisions, which have no equivalent in the above-mentioned articles of the Regulations, have been introduced. These are concerned with the protection of the environment (Article 35 -- ' Basic rules, ' paragraph 3), with the responsibilities at the national level relating to the introduction of new weapons (Article 36 -- ' New weapons), ' and with the protection of airmen in distress (Article 42 -- ' Occupants of aircraft ').

1381 Finally, with regard to subjects which are common to the Section concerned here and the Hague Regulations, it may be noted that the Hague Conference had urged that until regulations for the law of naval warfare were drawn up, Powers should apply as far as possible to war at sea the principles of the Convention Relative to the Laws and Customs of War on Land. (1)

' J. de P. '


(1) [(1) p.387] Final Act of the Hague Conference of 1907, resolution No. 4, M. Deltenre, ' Recueil général des lois et coutumes de la guerre, ' Brussels, 1943, p. 424;