Practice Relating to Rule 71. Weapons That Are by Nature Indiscriminate
Côte d’Ivoire’s Teaching Manual (2007) provides in Book IV (Instruction of heads of division and company commanders):
II.1.1. Weapons striking without distinction
Certain weapons are completely prohibited by the LOAC because they strike without distinction …
A weapon strikes without distinction if it can strike or touch legitimate objectives and civilians or civilian objects without distinction. Consequently, it is prohibited to use a weapon which cannot be directed against a legitimate objective or the effects of which cannot be limited as required by the LOAC.
For example: Scud missile used by Iraq against Israel during the Gulf War.
Côte d’Ivoire’s Penal Code (1981), as amended in 2015, states:
Whoever commits a war crime is punished with life imprisonment.
War crimes are:
2 - other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
- employing weapons, projectiles and material and methods of warfare … which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to the Rome Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123 of that Statute[.]