Practice Relating to Rule 70. Weapons of a Nature to Cause Superfluous Injury or Unnecessary Suffering
In the Legality of Use of Force cases
in 1999, the Federal Republic of Yugoslavia initiated proceedings before the ICJ against ten NATO member States (Belgium, Canada, France, Germany, Italy, Netherlands, Portugal, Spain, United Kingdom and United States) on the ground, inter alia
, that “by taking part in the use of cluster bombs, [the respective States had] acted against the Federal Republic of Yugoslavia in breach of [their] obligation not to use prohibited weapons, i.e. weapons calculated to cause unnecessary sufferings”.
After the ICJ had found in 1999 that it manifestly lacked jurisdiction in the cases against Spain and the United States and had ordered the removal of these cases from the ICJ’s general list,
it further found, in its 2004 Judgments on the Preliminary Objections, that it lacked jurisdiction also with regard to the remaining eight cases.