Related Rule
Germany, Federal Republic of
Practice Relating to Rule 12. Definition of Indiscriminate Attacks
Section C. Attacks whose effects cannot be limited as required by international humanitarian law
At the CDDH, the Federal Republic of Germany stated:
The definition of indiscriminate attacks contained in paragraph 4 of Article 46 [now Article 51 of the 1977 Additional Protocol I] is not intended to mean that there are means of combat the use of which would constitute an indiscriminate attack in all circumstances. Rather, the definition is intended to take account of the fact that the legality of the use of means of combat depends upon circumstances, as shown by the examples listed in paragraph 5. Consequently the definition does not prohibit as indiscriminate any specific weapon. 
Germany, Federal Republic of, Statement at the CDDH, Official Records, Vol. VI, CDDH/SR.41, 26 May 1977, pp. 187–188.