Practice Relating to Rule 79. Weapons Primarily Injuring by Non-Detectable Fragments
Israel’s Manual on the Laws of War (1998) states, regarding the use of weapons that injure by non-detectable fragments, that “the resultant injury is far in excess of what is required, hence forbidden”.
Israel’s Manual on the Rules of Warfare (2006) states:
Shrapnel invisible to x-rays
. These are weapons of war that spray shards of glass or plastic. These shards cause injuries similar to those caused by shrapnel but cannot be identified under x-ray, something that makes them hard to treat medically. The CCW Convention [1980 Convention on Certain Conventional Weapons] banned the use of weapons which mainly cause damage consisting of shards that cannot be identified in the human body. The logic of this is clear: there is no point in continuing the fight beyond the battlefield and into the operating theatre. If someone is injured and leaves the scene of battle, preventing him from receiving medical attention does not contribute to the military effort. It is damage over and above what is necessary and is therefore forbidden.
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
Upon accession to the 1980 Convention on Certain Conventional Weapons, Israel stated:
With reference to the scope of application defined in article 1 of the Convention, the Government of the State of Israel will apply the provisions of the Convention and those annexed Protocols to which Israel has agreed [I, II and III] become bound to all armed conflicts involving regular forces of States referred to in article 2 common to the Geneva Conventions of 12 August 1949, as well as to all armed conflicts referred to in article 3 common to the Geneva Conventions of 12 August 1949 [international and non-international armed conflicts].
Israel also declared:
With respect to [the 1980] Protocol I [to the Convention on Certain Conventional Weapons], it is the understanding of the Government of Israel that the use of plastics or similar materials for detonators or other weapon parts not designed to cause injury is not prohibited.