Prohibited means of war
Refers to weapons and methods of warfare that exceed the incapability of combatants and cause extreme pain and inevitable death. 1868 St. Petersburg declaration stipulates that it is forbidden to use flammable or explosive projectiles weighing less than 400 grams. The Hague Regulations on the Laws and Customs of War on Land stipulates that it is forbidden to use "weapons, bullets and other substances that increase unnecessary suffering". 1899 Hague declaration No.3 stipulates that it is forbidden to use "bullets that are easy to expand or flatten in the human body", that is, bullets such as dumdum bullets. After this bullet enters the human body, the wound is difficult to heal. The bullets of small-caliber high-speed rifles used by the Soviet Union and the United States can cause more serious consequences than dumdum bullets, which are obviously prohibited weapons. Incendiary weapons such as napalm and flame throwers, cluster bombs or mines that emit a large number of fragments, small balls, small arrows and needles, and radioactive weapons are also prohibited weapons. 1980 10 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 stipulates that it is prohibited to use weapons whose fragments cannot be detected, that is, "weapons whose fragments cannot be detected by X-rays in the human body" (Protocol1); Prohibitions or restrictions on the use of mines, booby traps and other similar devices (Protocol II); Prohibitions or restrictions on the use of incendiary weapons (Protocol 3). The United Nations General Assembly also adopted a resolution on small-caliber weapon systems in 1979, calling on governments to avoid increasing the trauma caused by such weapons when developing small-caliber weapon systems.
1, chemical and bacteriological weapons
Prohibiting the use of poison and poisonous weapons is one of the oldest practices in the laws of war at home and abroad. This practice is codified in article 23, paragraph 1899, of The Hague Regulations on the Laws and Customs of War on Land, and the use of this method of warfare is explicitly prohibited. 1899 Hague Declaration No.2 also states that all participating countries "agree not to use projectiles with the sole purpose of spreading asphyxiating or toxic gases". However, during the First World War, belligerents, especially Germany, used a large number of chemical weapons such as asphyxiation, causing a large number of casualties. 1925 June 17 concluded a protocol in Geneva, reaffirming the prohibition of using "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 65,438+000, including all permanent members of the United Nations Security Council. The Government of People's Republic of China (PRC) recognized the Protocol in July 1952. During the Second World War, no country dared to openly use chemical and bacteriological weapons on a large scale. After the war, Japanese war criminals who secretly developed and tested bacteriological weapons in northeast China were tried in Khabarovsk. 1972, 10 In April, 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 stipulated that the development, production, stockpiling, acquisition or possession of bacteriological weapons should be completely prohibited. A total ban on chemical weapons is more complicated than a total ban on bacteriological weapons, especially the problem of supervision is not easy to solve, so the Convention on the Comprehensive Prohibition of the Development, Production, Stockpiling, Acquisition and Retention of Chemical Weapons has not yet been concluded.
2. Indiscriminate means of war
Refers to weapons and methods of warfare that cannot distinguish between civilians and combatants, military targets and non-military targets. 1907 The Hague Regulations on the Laws and Customs of War on Land stipulates that no unguarded towns, villages or houses shall be attacked or bombed in any way; Try to warn local authorities before shelling; During the siege and bombing, religious, artistic, academic and charitable buildings, hospitals and shelters that were not used for military purposes at that time should be preserved as far as possible. According to the characteristics of naval warfare and air combat, the Convention on Naval Bombing in Time of War (1907) and The Hague Air Combat Rules (Draft) (1923) supplement this point in more detail. 1977 Geneva Conventions 1949 Protocol 1 also prohibits "indiscriminate attacks" and lists the contents of such attacks, namely: "attacks that are not directed at specific military targets; Using combat methods or means that cannot be targeted at specific military objectives; Using any method or means to bomb or attack many scattered and independent military targets in towns, villages or other areas where civilians and civilian objects are concentrated as a single military target; An attack that may cause incidental loss of civilian life, injury to civilians, damage to civilian objects or all three and cause excessive damage compared with the expected concrete and direct military benefits. " 1923 The Hague Air Combat Rules (draft) stipulates that military targets include troops, military projects, military equipment or warehouses, which constitute an important and famous center for manufacturing weapons, ammunition or military materials and transportation lines obviously used for military purposes. In addition, some specific weapons used in sea and air combat, such as automatic trigger mines without mooring lines, mines that can still cause damage after leaving mooring lines, torpedoes that are still dangerous after missing targets, etc. Some tactics, such as implementing the unrestricted submarine policy, blocking the enemy's "beach, waterway ferry or river ferry" with water mines, throwing or spreading booby traps or long-range mines with planes or rockets, are also indiscriminate tactics, and are prohibited because they cannot distinguish merchant ships from warships, and enemy ships from non-belligerent ships.
3. Weapons of mass destruction of mankind
The first is nuclear weapons, including atomic weapons and hydrogen weapons. During World War II, the United States dropped atomic bombs on Hiroshima, Japan, on August 6th and Nagasaki on August 9th, 1945, which caused great loss of life and property. The first use of atomic bombs and the test of thermonuclear weapons by the United States and the Soviet Union after the Second World War show that nuclear weapons are indiscriminate weapons of mass destruction and excessively harmful and toxic weapons. The use of such weapons violates the principles and provisions of the law of war to alleviate the cruelty of war. The first use of atomic weapons has aroused serious concern and opposition from people all over the world. Under the planning of the superpowers, although some countries signed the Treaty on the Prohibition of Nuclear Weapon Tests in the Atmosphere, Outer Space and Underwater (1August 5, 963) and the Treaty on the Non-Proliferation of Nuclear Weapons (1July 0968 10968), their actual purpose was not to strengthen the superpower's own nuclear monopoly position. The so-called strategic arms limitation negotiations between the Soviet Union and the United States are only aimed at limiting each other in order to gain the upper hand in the nuclear race. Developing countries in Asia, Africa and Latin America are indeed concerned about the danger of nuclear weapons. The Declaration on the Prohibition of the Use of Nuclear Weapons and Thermonuclear Weapons put forward by Asian and African Countries 196 165438 adopted by the United Nations General Assembly124 October pointed out that the use of nuclear weapons violates the spirit, letter and purpose of the Charter of the United Nations. It causes indiscriminate consequences and damage to human beings and civilization; It is not only aimed at the enemy's means of combat, but at all mankind. 1972165438+1On October 29th, the United Nations General Assembly passed a resolution declaring that "the use of nuclear weapons is prohibited forever". But so far, no convention has been concluded specifically prohibiting the use of nuclear weapons. 1 1 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 February 27, 2000, stipulates that the deployment of nuclear weapons and other weapons of mass destruction on the seabed, ocean floor and subsoil thereof is prohibited. 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 recognized general principles and rules of the law of war, it is still of great significance to conclude a special convention on the complete prohibition of nuclear weapons. People's Republic of China (PRC) has always advocated the complete prohibition and thorough destruction of all nuclear weapons, solemnly declared that it will not be the first to use nuclear weapons at any time and under any circumstances, and signed the Second Additional Protocol to the Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolco) (1974) in August 2/2000. Commitment not to use or threaten to use nuclear weapons in Latin American non-nuclear countries and regions, and not to test, manufacture, produce, store, install or deploy nuclear weapons in these countries and regions.
War means changing the environment.
It refers to war means such as changing climate, triggering earthquake, tsunami, destroying ecological balance and destroying ozone layer. And indiscriminately destroy mankind on a large scale. 1976 12 10 The Convention on the Prohibition of the Use of Environmental Modification Techniques for Military or Any Other Hostile Purpose stipulates that environmental modification techniques with extensive, long-term or serious effects shall not be used, causing damage, destruction or damage to any State party. Protocol 16438+0 on 1949 Geneva Conventions also includes provisions prohibiting environmental wars.
5. treacherous means of war
Refers to the means used by the other side to abide by the laws and beliefs of war in order to achieve their own goals. The law of war does not prohibit the use of stratagems, but it prohibits the use of treacherous means. The Hague Regulations on the Laws and Customs of War on Land stipulates that it is forbidden to "kill or injure enemy people or their troops by deception"; "Abuse of military flags, national flags and other military symbols, uniforms of enemy soldiers and emblems of the Geneva Red Cross Convention". Protocol 1977 1 on 1949 Geneva Conventions made a clearer provision on this issue: "It is forbidden to kill, injure or capture the enemy by treacherous means. The purpose of luring the enemy's trust is to betray the enemy's trust and convince the enemy that he has the right to enjoy or the obligation to give protection stipulated by the rules of international law applicable to armed conflicts. This behavior should constitute treason. " The protocol also lists examples of treachery, namely: ① pretending to have the intention of negotiating or surrendering under the banner of armistice; (2) Pretending to lose combat effectiveness due to injury; (3) pretending to be a civilian or a non-combatant; (4) Pretending to enjoy protected status by using symbols, signs or uniforms of the United Nations or neutral countries or other non-conflict countries.
Refuse to surrender
It is also one of the oldest war practices at home and abroad not to hurt enemies who lay down their weapons and stop resisting. The Hague Regulations on the Laws and Customs of War on Land stipulates that it is forbidden to "kill enemy soldiers who have laid down their weapons or exhausted their defensive methods and beg for surrender" and to "declare that those who surrender will be killed without forgiveness". The signal of surrender is to raise a white flag. In naval battle, the signal of surrender is to lower the national flag.
7. Others
In addition, killing captured wounded and sick, attacking medical teams, clinics, buildings and means of transportation of medical institutions, hospital ships and medical planes, and medical personnel are also prohibited means of war. The symbols of these medical institutions are the Red Cross, which is painted on a white background, or the Red Crescent, or the red lion and the sun. After 1980, the red lion and the sun stopped using.