Practice Relating to Rule 70. Weapons of a Nature to Cause Superfluous Injury or Unnecessary Suffering
Italy’s IHL Manual (1991) provides: “The use of means and methods of warfare of a nature to cause … superfluous injuries and unnecessary suffering is prohibited.”
Italy’s LOAC Elementary Rules Manual (1991) states: “Weapons causing unnecessary suffering may not be used.”
Italy’s Law of War Decree (1938), as amended in 1992, provides: “Superfluous suffering shall not be inflicted on the enemy.”
In its written statement submitted to the ICJ in the Nuclear Weapons case
in 1995, Italy stated: “The exercise of armed violence should be carried out so as not to bring about unnecessary, and thus superfluous or useless, sufferings.”
At the CDDH, the Italian delegation stated that it had joined in the consensus on Articles 33 and 34 of the draft Additional Protocol I (now Articles 35 and 36) “bearing in mind above all the principles which inspired them” but that “it could not, however, conceal its perplexity about the wording of those provisions which could not be interpreted as introducing a specific prohibition operative in all circumstances attendant on the study, development, acquisition or adoption of particular weapons or methods of warfare”.