Practice Relating to Rule 70. Weapons of a Nature to Cause Superfluous Injury or Unnecessary Suffering
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the two additional protocols to [the 1949 Geneva] Conventions … is liable to imprisonment.
In 1974, during discussions in the Ad Hoc Committee on Conventional Weapons established by the CDDH, the representative of Norway stated:
7. It was the task of the Conference to protect the civilian population and also to protect the combatants from suffering more than the strict minimum required to put them hors de combat. He suggested that the Committee should agree on the general prohibition of the use of incendiary weapons …
9. … It was also important to define inadmissible ways of using weapons, so as to avoid falling back on such criteria as “unnecessary suffering” which were far from specific.