Practice Relating to Rule 71. Weapons That Are by Nature Indiscriminate
New Zealand’s Military Manual (1992) states: “Weapons which cannot be directed at military objectives or the effects of which cannot be limited are prohibited.”
Under New Zealand’s International Crimes and ICC Act (2000), war crimes include the crimes defined in Article 8(2)(b)(xx) of the 1998 ICC Statute.
In its written statement submitted to the ICJ in the Nuclear Weapons case in 1995, New Zealand stated:
In general, international humanitarian law bears on the threat or use of nuclear weapons as it does of other weapons … The general application of international humanitarian law to the use of nuclear weapons has also been specifically acknowledged by nuclear-weapon States.
Among the customary law rules applicable to the use of nuclear weapons, New Zealand further stated: “It is prohibited to use indiscriminate methods and means of warfare which do not distinguish between combatants and civilians and other non-combatants.”