Australia
Practice Relating to Rule 79. Weapons Primarily Injuring by Non-Detectable Fragments
Australia’s Commanders’ Guide (1994) states: “Munitions which produce fragments undetectable by X-ray machines, such as glass, are prohibited based upon the principle of unnecessary suffering.”
The Guide provides that the use of “weapons which injure by fragments which, in the human body, escape detection by X-rays” is prohibited.
The Guide also states that these weapons are included in those which “are totally prohibited”. It adds: “These blanket prohibitions, which may be traced to treaty or customary international law, are justified on the grounds that the subject weapons are either indiscriminate in their effect or cause unnecessary suffering.”
Australia’s Defence Force Manual (1994) states: “Weapons which cause injury by the use of fragments which are undetectable by X-ray in the human body are prohibited.”
The manual also states that these weapons are included in those which “are totally prohibited”. It adds: “These blanket prohibitions, which may be traced to treaty or customary international law, are justified on the grounds that the subject weapons are either indiscriminate in their effect or cause unnecessary suffering.”
Australia’s LOAC Manual (2006) states: “Weapons which cause injury by the use of fragments that are undetectable by X-ray in the human body are prohibited.”
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
At the First Review Conference of States Parties to the Convention on Certain Conventional Weapons in 1995, Australia stated: “The restrictions laid down in the Convention regarding the use of … weapons which injured by non-detectable fragments were strong and clear.”