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The full English name of war means of war.That is, the weapons, tools and methods used for fighting.According to the laws and regulations of war, there are restrictions on the use of weapons and methods of warfare in wars and armed conflicts.
The Declaration on Prohibiting the Use of Explosive Projectiles with a Weight of Less than 400g in War (St. Petersburg Declaration) in 1868 mentioned that "the action of war should be subject to the principle of humanity, so it is necessary to limit the scope of technology use".In 1899 and 1907, the Hague Rules of Laws and Customs of Land War more clearly stipulated that the right of each belligerent country to harm the enemy by any means was limited. The rules also listed the specially prohibited means of war.The 1977 Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of International Armed Conflicts (Protocol 1) also reaffirmed the basic principle of limiting the means of war.
In war and armed conflict, it is necessary to distinguish between combatants and civilians, between military and non military targets, between combatants and non combatants, and between combatants and war victims.Civilians and non military targets shall not be targeted, and even combatants shall not be attacked by means of operations that are excessively harmful.These are the basic principles of the laws of war.All means of war that violate these basic principles are prohibited.
Prohibited means
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Based on relevant treaties and practices, the prohibited means of war are:
brief introduction
It refers to the weapons and fighting methods that cause extreme pain and inevitable death beyond the degree of incapacitation of combatants.The St. Petersburg Declaration of 1868 stipulates that the use of combustible or explosive projectiles with a weight below 400g is prohibited.The Hague Constitution of Laws and Customs of Land War stipulates that the use of "weapons, bullets and other substances that increase unnecessary suffering" is prohibited.The Third Declaration of The Hague in 1899 stipulates that the use of "bullets that are easily swollen or flat into the human body" is prohibited, which is commonly referred to as bullets such as dum bullets.When such bullets enter the human body, the wound is difficult to heal.The bullets of the small caliber high-speed rifles used by the Soviet Union and the United States can cause more serious consequences than the Dame bullets, which are obviously prohibited weapons.Combustion weapons such as napalm bombs and flame throwers, cluster bombs or mines such as a large number of fragments, small balls, small arrows, small needles, and radioactive weapons are also prohibited weapons.The Protocol annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, adopted on October 10, 1980, stipulates that the use of undetectable weapons, namely "weapons whose fragments cannot be detected by X-ray in the human body" (Protocol 1) is prohibited;Prohibitions or restrictions on the use of mines (mines), booby traps and other similar devices (Protocol 2);Prohibitions or restrictions on the use of incendiary weapons (Protocol 3).The United Nations General Assembly also adopted the Resolution on Small Caliber Weapons Systems in 1979, calling on all governments to avoid increasing the trauma caused by such weapons in the development of small calibre weapons systems.
chemical weapon
The prohibition of the use of poisons and toxic weapons is one of the oldest customs of the law of war at home and abroad.This practice was codified in Article 23 of The Hague Rules of Laws and Customs of Land War in 1899, specifically prohibiting the use of such means of war.The Second Declaration of The Hague in 1899 also proposed that the participating countries "agree not to use missiles for the sole purpose of spreading asphyxiating or toxic gases".However, during the First World War, the belligerents, especially Germany, used asphyxiating and other chemical weapons extensively, causing a large number of casualties.On June 17, 1925, the Protocol was concluded in Geneva, reiterating the prohibition of the use of "asphyxiating, toxic or other gases and all similar liquids, objects or all similar methods" in war, and extending the prohibition to bacteriological weapons.The number of countries that have ratified or acceded to the Protocol has reached 100, including all permanent members of the United Nations Security Council.The Government of the People's Republic of China recognized the Protocol on July 13, 1952.During the Second World War, no country dared to use chemical and bacteriological weapons openly and on a large scale.After the war, Japanese war criminals who had secretly developed and tested germ weapons in Northeast China were tried in Khabarovsk (Boli).On April 10, 1972, some countries signed the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, which further stipulates a comprehensive prohibition on the development, production, stockpiling, acquisition or retention of bacteriological weapons.The comprehensive prohibition of chemical weapons is more complex than the comprehensive prohibition of bacteriological weapons. In particular, the issue of supervision is not easy to solve. Therefore, a convention on the comprehensive prohibition of the development, production, stockpiling, acquisition and retention of chemical weapons has not yet been concluded.
Indiscriminate war
It refers to weapons and combat methods that cannot distinguish between civilians and combatants, military targets and non military targets.The Hague Rules of Laws and Customs of Land War of 1907 stipulates that it is not allowed to attack or bombard defenceless towns, villages or homes in any way;Try to warn relevant local authorities before bombardment;During the siege and bombardment, try to preserve the buildings, hospitals and shelters for religious, artistic, academic and charitable purposes that were not used for military purposes at that time.The 1907 Convention on Naval Bombardment in Time of War and the 1923 Hague Rules for Air Warfare (Draft) have made more detailed supplements to this point according to the characteristics of naval and air warfare.The first protocol of 1977 to the Geneva Conventions of 1949 also prohibits "indiscriminate attacks", and lists the contents of such attacks, namely: "attacks that do not target specific military objectives; the use of combat methods or means that cannot target specific military objectives;Use any method or means that treats many scattered and independent military targets in towns, villages or other areas where civilians and civilian objects are concentrated as a single military target to bombard or attack;Attacks that may cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or in any of the three cases, and that cause excessive damage compared with the expected specific and direct military interests. "The Hague Air Warfare Rules (Draft) of 1923 stipulates that military objectives include: troops, military engineering, military equipment or warehouses, which constitute an important and famous center engaged in manufacturing weapons, ammunition or apparently military supplies, and transportation lines used for military purposes.In addition, some specific weapons used in naval and air warfare, such as automatic triggering mines without mooring lines, mines that can still damage after leaving the mooring lines even though they have mooring lines, and torpedoes that are still dangerous after they miss the target;Some methods of warfare, such as implementing the policy of unrestricted submarines, blockading enemy countries' "beaches, waterway ferries or river ferries" with mines, throwing or spreading booby traps or remotely distributed mines with aircraft or rockets, are also prohibited because they cannot distinguish between merchant ships and warships, enemy ships and non belligerent ships.
Weapons of mass destruction of mankind
First, it refers to nuclear weapons, including atomic weapons and hydrogen weapons.During the Second World War, the United States dropped atomic bombs on Hiroshima, Japan, on August 6, 1945, and Nagasaki on August 9, 1945, causing huge losses of life and property.The first use of the atomic bomb and the revelation of the thermonuclear weapons tested by the United States and the Soviet Union after the Second World War show that nuclear weapons are not only indiscriminate weapons of mass destruction, but also weapons of excessive harmfulness and toxicity. The use of such weapons is against the principles and provisions of the Law of War to reduce the cruelty of war.
The first use of atomic weapons aroused serious concern and opposition from people all over the world.Under the planning of the superpowers, some countries signed the Treaty on the Prohibition of Nuclear Weapon Tests in the Atmosphere, Outer Space and Underwater (August 5, 1963) and the Treaty on the Non Proliferation of Nuclear Weapons (July 1, 1968), but their actual purpose is to strengthen their own nuclear monopoly and dominate the world, not to ban or destroy nuclear weapons.The so-called strategic arms limitation negotiations between the Soviet Union and the United States are also aimed at limiting each other so as to gain the upper hand in the nuclear race.
Developing countries in Asia, Africa and Latin America are genuinely concerned about the dangers of nuclear weapons.The Declaration on the Prohibition of the Use of Nuclear and Thermonuclear Weapons proposed by Asian and African countries, adopted by the United Nations General Assembly on November 24, 1961, pointed out that the use of nuclear weapons violated the spirit, letter and purpose of the Charter of the United Nations;It causes indiscriminate consequences and destruction of mankind and civilization;It is not just a means of warfare against the enemy, but against all mankind.On November 29, 1972, the United Nations General Assembly adopted a resolution declaring that "the use of nuclear weapons is permanently prohibited".However, no convention specifically prohibiting the use of nuclear weapons has been concluded.The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, signed on January 27, 1967, and the Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Sea Bed, the Ocean Floor and the Subsoil signed on February 11, 1971 stipulate that no nuclear weapons may be placed in outer space or on celestial bodies, as well as on the sea bed, the ocean floor and the subsoil.Although these two treaties have some restrictions on the placement of nuclear weapons, they do not prohibit the use of nuclear weapons at all.
Although the use of nuclear weapons is undoubtedly illegal according to the generally recognized general principles and rules of the law of war, it is of great significance to conclude a special convention on the comprehensive prohibition of nuclear weapons.The People's Republic of China has always advocated the complete prohibition and thorough destruction of all nuclear weapons. It has solemnly declared on many occasions that "nuclear weapons will not be the first to be used at any time and under any circumstances". On August 21, 1973, it signed Additional Protocol II to the Treaty for the Prohibition of Nuclear Weapons in Latin America (the Treaty of Tlatelolco) (deposited its instrument of ratification on June 12, 1974),Commit not to use or threaten to use nuclear weapons against non nuclear countries and regions in Latin America, nor to test, manufacture, produce, stockpile, install or deploy nuclear weapons in these countries and regions.
War means to change the environment
It refers to the war means of changing the climate, causing earthquakes, tsunamis, destroying the ecological balance, destroying the ozone layer, etc., and indiscriminately destroying human beings on a large scale.Adopted by the General Assembly of the United Nations on December 10, 1976《Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Technologies》It is stipulated that environmental change technologies with extensive, long-term or serious impact shall not be used to cause destruction, destruction or damage to any contracting party.The first Protocol to the Geneva Conventions of 1949 in 1977 also included provisions prohibiting environmental warfare.
Treacherous means of war
It refers to the means used by the other party to comply with the laws and regulations of war or faith in order to achieve their own goals.The laws of war do not prohibit the use of stratagem, but prohibit the use of treacherous means.The Hague Regulations and Customs on Land Warfare stipulates that "killing the enemy people or their troops by deception is prohibited";"Abuse of military envoy flags, national flags and other military emblems, uniforms of enemy soldiers, and seals of the Geneva Red Cross Convention".The first protocol of 1977 on the Geneva Conventions of 1949 made more explicit provisions on this issue: "It is prohibited to resort to treachery to kill, injure or capture the enemy.The act of luring the trust of the enemy for the purpose of betraying the trust of the enemy and convincing the enemy that he is entitled to enjoy or obliged to give protection under the rules of international law applicable to armed conflict shall constitute a breach of faith ".The protocol also cited examples of perfidious acts, namely: ① pretending to have the intention to negotiate or surrender under the flag of truce; ②Pretend to lose combat effectiveness due to injury or illness; ③Pretend to be a civilian or non combatant; ④Pretend to enjoy protected status by using the United Nations or the marks, symbols or uniforms of neutral or other non conflict countries.
Refuse to accept surrender
It is also one of the oldest war practices at home and abroad not to hurt the enemies who lay down their weapons and stop resisting.The Hague Rules of Laws and Customs of Land War stipulates that it is prohibited to "kill and kill enemy soldiers who have laid down their weapons or have exhausted their defence methods", and it is prohibited to "declare that they will not surrender, and those who surrender will be killed without mercy".The signal of surrender is to raise the white flag.In naval warfare, the signal of surrender is to lower the flag of the country.
other
In addition, killing the captured, wounded and sick, attacking medical teams, medical clinics, buildings and transportation vehicles of medical institutions, hospital ships, medical aircraft and medical personnel are also prohibited means of war.The symbol of these medical institutions is the Red Cross, that is, the red cross, or the red crescent, or the red lion and the day. Since 1980, the red lion and the day have ceased to be used.
