Practice Relating to Rule 70. Weapons of a Nature to Cause Superfluous Injury or Unnecessary Suffering
China’s Law Governing the Trial of War Criminals (1946) provides that “employment of inhuman weapons” constitutes a war crime.
The Report on the Practice of China, referring to a declaration by the delegation of China at the Conference on Certain Convention Weapons in 1980, notes that China often calls weapons of a nature to cause unnecessary suffering or superfluous injury “inhumane weapons”. It adds that China has always been in favour of a total ban on these weapons and of further restrictions on their use, and that it has always made efforts to achieve the prohibition or restrictions on the use of certain inhumane conventional weapons.
At the Second Review Conference of States Parties to the Convention on Certain Conventional Weapons in 2001, China declared: “The impermissibility of using means of warfare that caused excessive injuries … had become a universally accepted principle.”