Related Rule
Mexico
Practice Relating to Rule 71. Weapons That Are by Nature Indiscriminate
In its written statement submitted to the ICJ in the Nuclear Weapons (WHO) case in 1994, Mexico stated: “The principle of discrimination prohibits the use of weapons that fail to discriminate between civilian and military personnel.”
Mexico, Written statement submitted to the ICJ, Nuclear Weapons (WHO) case, 9 June 1994, § 25; see also Written statement submitted to the ICJ, Nuclear Weapons case, 19 June 1995, § 77(d).
In 2009, Mexico submitted a proposal to the UN Secretary General to amend Article 8(2)(c) of the 1998 ICC Statute in accordance with Article 121(1) of the Statute, stating:
Within the category of serious violations of the laws and customs applicable in international armed conflicts, the use of certain weapons whose effects are of an indiscriminate nature or cause superfluous injury or unnecessary suffering is included.
Mexico, Proposal of Amendment to Article 8(2)(c) of the ICC Statute, submitted to the UN Secretary General in accordance with Article 121(1) of the ICC Statute, 29 September 2009, p. 2.
In 2010, at the First Meeting of States Parties to the 2008 Convention on Cluster Munitions, Mexico stated:
Mexico … urges the States which use or produce cluster munitions to cease such activities and to comply with their obligations under international humanitarian law which prohibits the use of weapons with indiscriminate effects.
Mexico, Statement by the representative of Mexico at the First Meeting of States Parties to the Convention on Cluster Munitions, Laos, 9–12 November 2010.
