Practice Relating to Rule 79. Weapons Primarily Injuring by Non-Detectable Fragments
South Africa’s LOAC Manual (1996) states: “Weapons which are calculated to cause unnecessary suffering are illegal per se. Such weapons include … weapons filled with glass.”
South Africa’s Revised Civic Education Manual (2004) states:
iv. Convention on Certain Conventional Weapons (CCW Convention). This convention was adopted on 21 Dec 2001 and endeavours to prohibit or restrict the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects. The Convention is a collection of four Protocols:
(1) Protocol I:
Protocol on Non-detectable Fragments. It is prohibited to use any weapon the primary effect of which is to injure by fragments, which, in the human body, escape detection by X-rays.
South Africa’s LOAC Teaching Manual (2008) states:
3. Means and Methods of Warfare
Several specific weapons are governed by specific treaties. These treaties establish two categories of weapons, to wit[:]
- Weapons of which the use is totally prohibited; and
- Weapons of which the use is permitted under certain conditions.
Weapons of which the Use is Totally Prohibited
- Weapons that injure by fragments which escape detection in the human body by X-rays. (Geneva Protocol I on Non-detectable Fragments dated 10 October 1980.)
South Africa’s Prohibition or Restriction of Certain Conventional Weapons Act (2008) states:
5. No person may –
(a) use, place, possess, procure, manufacture, stockpile, transfer, deal in, import or export any non-detectable fragments; or
(b) posses, procure, manufacture, stockpile, transfer, deal in, import or export a component part of a weapon contemplated in paragraph (a).
The Act defines “non-detectable fragments” as “any device or material the primary effect of which is to injure by fragments which in the human body escape detention by X-rays”.