
Contents
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18.1 Introduction 18.1 Introduction
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18.2 The Treaty Law of Weaponry Applicable in NIACs 18.2 The Treaty Law of Weaponry Applicable in NIACs
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18.2.1 Applicability of the Early Treaties 18.2.1 Applicability of the Early Treaties
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18.2.2 ENMOD 18.2.2 ENMOD
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18.2.3 Biological Weapons Convention 1972 18.2.3 Biological Weapons Convention 1972
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18.2.4 Additional Protocol 1 18.2.4 Additional Protocol 1
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18.2.5 Additional Protocol 2 18.2.5 Additional Protocol 2
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18.2.6 Conventional Weapons Convention 1980 and its Interpretation 18.2.6 Conventional Weapons Convention 1980 and its Interpretation
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18.2.7 Chemical Weapons Convention 1993 18.2.7 Chemical Weapons Convention 1993
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18.2.8 Ottawa Convention 1997 and Cluster Munition Convention 2008 18.2.8 Ottawa Convention 1997 and Cluster Munition Convention 2008
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18.3 The Customary Law Position 18.3 The Customary Law Position
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18.3.1 Superfluous Injury 18.3.1 Superfluous Injury
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18.3.2 Indiscriminate Weapons 18.3.2 Indiscriminate Weapons
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18.3.3 Nuclear Weapons 18.3.3 Nuclear Weapons
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18.3.4 Poisons 18.3.4 Poisons
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18.3.5 Biological Weapons 18.3.5 Biological Weapons
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18.3.6 Chemical Weapons and Riot Control Agents 18.3.6 Chemical Weapons and Riot Control Agents
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18.3.7 Herbicides 18.3.7 Herbicides
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18.3.8 Expanding Bullets 18.3.8 Expanding Bullets
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18.3.9 Exploding Bullets 18.3.9 Exploding Bullets
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18.3.10 The CCW Rules 18.3.10 The CCW Rules
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Non-detectable fragments Non-detectable fragments
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Booby-traps Booby-traps
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Landmines Landmines
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Incendiary weapons Incendiary weapons
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Blinding laser weapons Blinding laser weapons
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18.4 Rome Statute of the International Criminal Court 18.4 Rome Statute of the International Criminal Court
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18.5 Conclusion 18.5 Conclusion
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18 Non-International Armed Conflict
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Published:March 2016
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Abstract
This chapter considers how the law of weaponry applies to Non-International Armed Conflict (NIAC). Some object to the idea that a State can bind the rebels as to the law that is to be applied in a NIAC. These objections are considered. Of course, arms control treaties with their comprehensive, all-embracing prohibitions apply equally in both classes of conflict. The CCW’s scope has been extended for participating States and customary law applies, occasionally unequally, to both IACs and NIACs. Nevertheless, important differences remain and this chapter explores these differences, and notes the tendency for the law applying to IACs and NIACs to converge. The chapter then addresses what would need to change to achieve total convergence.
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