Practice Relating to Rule 70. Weapons of a Nature to Cause Superfluous Injury or Unnecessary Suffering
Senegal’s Disciplinary Regulations (1990) provides that, under the laws and customs of war, it is prohibited “to use any means [of warfare] that causes unnecessary suffering and damage”.
Senegal’s Penal Code (1965), as amended in 2007, states that the following constitute war crimes:
[O]ther 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:
17. employing weapons, projectiles, material and methods of combat which are of a nature to cause superfluous injury or unnecessary suffering … in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of combat are the subject of a comprehensive prohibition and that they are prohibited by an annex to the Rome Statute of the International Criminal Court adopted according to the provisions of its Articles 121 and 123.
The Penal Code also states:
Committing an act or activity prohibited by any of the following conventions or protocols constitutes a crime under international law:
3. the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects … and its Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices.