Règle correspondante
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.”
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 308.
The Guide provides that the use of “weapons which injure by fragments which, in the human body, escape detection by X-rays” is prohibited.
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 932(d).
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, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 304.
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.”
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 407.
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, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 404.
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.”
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 4.9.
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.”
Australia, Statement at the First Review Conference of States Parties to the Convention on Certain Conventional Weapons, Vienna, 25 September–13 October 1995, UN Doc. CCW/CONF.I/SR 3, 2 October 1995, § 25.
