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'The Rome Statute Of The International Criminal Court And Weapons Of A Nature To Cause Superfluous Injury Or Unnecessary Suffering, Or Which Are Inherently Indiscriminate

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Chapter Summary

This chapter explores the way the weapons were dealt with in the negotiations to create a permanent International Criminal Court (ICC), which culminated in the adoption of the Rome Statute of the International Criminal Court on July 17, 1998. The laws of armed conflict concerning weapons that, for the sake of simplicity, the author shall describe as causing unnecessary suffering or which are inherently indiscriminate, have developed at two levels of abstraction, what one might call the level of "principles" on the one hand and of "rules" on the other. The most important point about those weapons banned per se is that it is never lawful to use them. However, as a forum to consolidate gains made in banishing weapons of a nature to cause superfluous injury or unnecessary suffering, or which are inherently indiscriminate, the Diplomatic Conference was a great disappointment.

Keywords: inherently indiscriminate; International Criminal Court (ICC); Rome statute; superfluous injury; weapons



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