Practice Relating to Rule 71. Weapons That Are by Nature Indiscriminate
In its written statement submitted to the ICJ in the Nuclear Weapons (WHO) case
in 1994, Mexico stated: “The principle of discrimination prohibits the use of weapons that fail to discriminate between civilian and military personnel.”
In 2009, Mexico submitted a proposal to the UN Secretary General to amend Article 8(2)(c) of the 1998 ICC Statute in accordance with Article 121(1) of the Statute, stating:
Within the category of serious violations of the laws and customs applicable in international armed conflicts, the use of certain weapons whose effects are of an indiscriminate nature or cause superfluous injury or unnecessary suffering is included.
In 2010, at the First Meeting of States Parties to the 2008 Convention on Cluster Munitions, Mexico stated:
Mexico … urges the States which use or produce cluster munitions to cease such activities and to comply with their obligations under international humanitarian law which prohibits the use of weapons with indiscriminate effects.