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Academic literature on the topic 'Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (1980)'

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Published: 25 July 2024
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Journal articles on the topic "Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (1980)"

1

Kalshoven, Frits. "The Conventional Weapons Convention: Underlying Legal Principles." International Review of the Red Cross 30, no. 279 (December 1990): 510–20. http://dx.doi.org/10.1017/s0020860400200065.

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Neither 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 in Geneva on 10 October 1980, nor the Protocols annexed to it specify in their operative parts the principles on which the prohibitions and restrictions rest. Such principles are, however, found in the preamble to the Convention.Four of the twelve preambular paragraphs are relevant here. They list: the “general principle of the protection of the civilian population against the effects of hostilities”; the principle “that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited”; the ban on “the employment in armed conflicts of weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering”; and the fact that it is prohibited “to employ methods or means of warfare which are intended, or may be expected, to cause widespread, longterm and severe damage to the natural environment.” The fifth paragraph reiterates the well-known Martens clause, in the formulation accepted for Article 1, paragraph 2, of Additional Protocol I of 1977.
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Leich, Marian Nash. "Contemporary Practice of the United States Relating to International Law." American Journal of International Law 91, no. 2 (April 1997): 325–48. http://dx.doi.org/10.2307/2954214.

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On January 7, 1997, President William J. Clinton transmitted to the Senate for advice and consent to ratification the following Protocols to the 1980 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: (A) the amended Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-traps and Other Devices, adopted at Geneva on May 3, 1996 (Protocol II, or amended Mines Protocol); (B) the Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons, adopted at Geneva on October 10, 1980 (Protocol III, or the Incendiary Weapons Protocol) ; and (C) the Protocol on Blinding Laser Weapons, adopted at Geneva on May 3, 1996 (Protocol IV).
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Fenrick, W. J. "The Conventional Weapons Convention: A modest but useful treaty." International Review of the Red Cross 30, no. 279 (December 1990): 498–509. http://dx.doi.org/10.1017/s0020860400200053.

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The author commenced an earlier study of the 1980 United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (Conventional Weapons Convention) by quoting the late Sir Hersch Lauterpacht's remark: “If international law is, in some ways, the vanishing point of law, the law of war is, perhaps even more conspicuously, at the vanishing point of international law”. He then carried Lauterpacht's statement one stage further to suggest that the vanishing point of the law of war was most likely to be found in the body of law restricting the use of weapons. Shortly after writing these words, the author discovered that a colleague had also used the remarks of Sir Hersch and asserted that the vanishing point of the law of war was the law of air warfare. More recently, the author read a paper by a younger colleague in which Sir Hersch was quoted once again, but this time it was asserted that the vanishing point of the law of war was to be found in the body of law regulating nuclear weapons. The two lessons one might derive from this brief tale are that serious students of the law of war rarely have grandiose expectations for their discipline and that a good quotation is always reusable.
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The Review. "The Issues — The ICRC's position." International Review of the Red Cross 35, no. 307 (August 1995): 363–67. http://dx.doi.org/10.1017/s0020860400072909.

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The Review Conference of the 1980 United Nations 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 will be held in Vienna from 25 September to 13 October 1995.This Conference offers a unique opportunity for a thorough analysis of the problems caused by the use of certain weapons, with landmines heading the list. It should also specify measures to be taken to prevent the manufacture and use of new weapons from creating serious problems in future.
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Prokosch, Eric. "The Swiss draft Protocol on Small-Calibre Weapon Systems — Bringing the dumdum ban (1899) up to date." International Review of the Red Cross 35, no. 307 (August 1995): 411–25. http://dx.doi.org/10.1017/s0020860400072946.

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In August 1994, at the third session of the group of governmental experts to prepare the 1995 Review Conference of the 1980 United Nations 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, Switzerland introduced a proposal for a new protocol to the Convention. The Swiss draft Protocol on Small-Calibre Weapon Systems would prohibit the use of small-calibre arms and ammunition which, at ranges of 25 metres or more, transfer more than 20 Joules of energy per centimetre to the human tissues during the first 15 centimetres of passage in the body.
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Plattner, Denise. "The 1980 Convention on Conventional Weapons and the applicability of rules governing means of combat in a non-international armed conflict." International Review of the Red Cross 30, no. 279 (December 1990): 551–64. http://dx.doi.org/10.1017/s0020860400200090.

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Having reached the tenth anniversary of 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 10 October 1980 (hereinafter referred to as the 1980 Convention), we can measure the progress brought about by the treaty within the limits which the law sets for the suffering caused by war. Paradoxically, however, we are witnessing an increasing number of situations which, in form at least, fall outside the scope of application of the 1980 Convention, namely non-international armed conflicts.Yet international humanitarian law on methods and means of combat includes general rules applicable to all armed conflict, and hence to non-international armed conflicts too. The provisions of the 1980 Convention are an application of those general rules to the means of combat which the treaty is intended to regulate. The question thus arises whether some of the rules of conduct laid down in the 1980 Convention are applicable to all armed conflicts, whether international or non-international. In the present study, we shall attempt to reply at least to some extent to that question.
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Prokosch, Eric. "Arguments for restricting cluster weapons: Humanitarian protection versus “military necessity”." International Review of the Red Cross 34, no. 299 (April 1994): 183–93. http://dx.doi.org/10.1017/s0020860400078347.

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Concerned about the terrible toll of land-mine injuries around the world, six organizations issued a call in October 1992 for an international ban on the use, production, stockpiling and transfer of antipersonnel mines. Other organizations have taken up the call, and the campaign is already having a big impact. One result of the pressure will be the convening, pursuant to a request by France, of a review conference on the 1980 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. This renewed interest in controlling indiscriminate and excessively injurious weapons should not be confined to mines but should extend to other classes of modern antipersonnel weapons as well.
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Gasser, Hans-Peter. "Universal acceptance of international humanitarian law — Promotional activities of the ICRC." International Review of the Red Cross 34, no. 302 (October 1994): 450–57. http://dx.doi.org/10.1017/s0020860400078451.

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In its Final Declaration of 1 September 1993, the International Conference for the Protection of War Victims inter alia urged all States to make every effort to:“Consider or reconsider, in order to enhance the universal character of international humanitarian law, becoming party or confirming their succession, where appropriate, to the relevant treaties concluded since the adoption of the 1949 Geneva Conventions, in particular:—the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts of 8 June 1977 (Protocol I);—the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts of 8 June 1977 (Protocol II);—the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons and its three Protocols;—The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict”.
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Korzhenyak, Anastasia Mikhailovna. "On the prohibited methods and means of conducting warfare in the context of modern International humanitarian law and law of international security." Международное право, no. 4 (April 2021): 53–70. http://dx.doi.org/10.25136/2644-5514.2021.4.36572.

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This article analyzes the historical-legal peculiarities of establishment and evolution of international humanitarian law and its principles in the context of the general theory of international law and current political situation. Referring to the international legal documents that regulate the rules of conducting warfare and issues of international security, as well as case law, the author describes and systematizes the methods and means of conducting warfare that are classified under restraining and prohibitive regimes. The goal of this research lies in the analysis and systematization of international legal norms aimed at prevention of the use of prohibited methods and means of conducting warfare. The object of this article is the relations between the actors of international law with regards to restrained use of means and method of conducting warfare. The subject is the international conventions, international customs, general principles of law recognized by the civilized nations. The scientific novelty consists in the author’s view of the essence of relevant issues in the sphere of international humanitarian law, establishment and evolution of international humanitarian law in the context of restrained use of methods and means of conducting warfare. The author presents the original systematization and classification of the prohibited methods and means of conducting warfare. The conclusion is made that many disagreements can be solved by responsible compliance with the existing norms of the international humanitarian law that is intended to prevent potential humanitarian risks. The author reveals that the four protocols to one of the fundamental sources of the international humanitarian law – the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (1980) have such significant shortcoming as the absence of control mechanism for compliance with the established prohibitions.
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Mero, Theodor. "The Martens Clause, Principles of Humanity, and Dictates of Public Conscience." American Journal of International Law 94, no. 1 (January 2000): 78–89. http://dx.doi.org/10.2307/2555232.

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Together with the principle prohibiting weapons “of a nature to cause superfluous injury” or “calculated to cause unnecessary suffering,” the Martens clause, in the Preamble to the Hague Conventions on the Laws and Customs of War on Land, is an enduring legacy of those instruments. In the years since its formulation, the Martens clause has been relied upon in die Nurembergjurisprudence, addressed by the International Court of Justice and human rights bodies, and reiterated in many humanitarian law treaties that regulate the means and methods of warfare. It was restated in die 1949 Geneva Conventions for the Protection of Victims of War, the 1977 Additional Protocols to those Conventions, and the Preamble to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons, albeit in slightly different versions. The Martens clause was paraphrased in Resolution XXIII of the Tehran Conference on Human Rights of 1968, and is cited or otherwise referred to in several national military manuals, including those of the United States, die United Kingdom, and Germany. Moreover, attempts have recently been made, including by parties before die International Court of Jusdce, to invoke the clause, in the absence of specific norms of customary and conventional law, to oudaw the use of nuclear weapons.
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Books on the topic "Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (1980)"

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United States. President (1993- : Clinton) and United States. Congress. Senate. Committee on Foreign Relations., eds. Protocols to the 1980 Conventional Weapons Convention: Message from the President of the United States transmitting protocols to the 1980 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: ... (Protocol II or the Amended Mines Protocol) ... (Protocol III or the Incendiary Weapons Protocol), and the Protocol on Blinding Laser Weapons (Protocol IV). Washington: U.S. G.P.O., 1997.

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United States. President (2001- : Bush) and United States. Congress. Senate. Committee on Foreign Relations, eds. Protocol III to the 1949 Geneva Convention and an amendment and protocol to 1980 Conventional Weapons Convention: Message from the President of the United States transmitting the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive emblem (the "Geneva Protocol III"), adopted at Geneva on December 8, 2005, and signed by the United States on that date, the amendment to Article I of 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 (the "CCW Amendment"), and the CCW Protocol Explosive Remnants of War (the "CCW Protocol V"). Washington: U.S. G.P.O., 2006.

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United States. Congress. Senate. Committee on Foreign Relations. Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons: Report (to accompany Treaty doc. 103-25). [Washington, D.C.?: U.S. G.P.O., 1995.

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Canada, Canada External Affairs and International Trade. War - rules of warfare : 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 (with protocols) : Geneva, October 10, 1980, signed by Canada April 10, 1081, ratified by Canada June 24, 1994 (with statements of understanding) in force for Canada December 24, 1994 =: Droit de la guerre : convention sur l'interdiction ou la limitation de l'emploi de certaines armes classiques qui peuvent être considérées comme produisant des effets traumatiques excessifs ou comme frappant sans discrimination (avec protocoles) : Genève, le 10 octobre 1980, signée par le Canada le 10 avril 1981, ratification du Canada le 24 juin 1994 (avec déclarations d'interprétation), en vigueur pour le Canada le 24 décembre 1994. Ottawa, Ont: Queen's Printer for Canada = Imprimeur de la Reine pour le Canada, 1995.

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Relations, United States Congress Senate Committee on Foreign. Amended Mines Protocol: Report together with additional views (to accompany Treaty doc. 105-1(A). [Washington, D.C: U.S. G.P.O., 1998.

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United States. Congress. Senate. Committee on Foreign Relations. Amended Mines Protocol: Report (to accompany Treaty doc. 105-1(A)). [Washington, D.C: U.S. G.P.O., 1999.

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Trade, Canada Dept of Foreign Affairs and International. Disarmament : additional protocol 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 (Protocol IV), Vienna, October 13, 1998, acceptance by Canada January 5, 1998, in force for Canada July 30, 1998 =: Désarmement : protocole additionnel à la Convention sur l'interdiction ou la limitation de l'emploi de certaines armes classiques qui peuvent être considérées comme produisant des effets traumatiques excessifs ou comme frappant sans discrimination (Protocole IV), Vienna, le 13 octobre 1998, acceptation du Canada le 5 janvier 1998, en vigueur pour le Canada le 30 juillet 1998. Ottawa, Ont: Minister of Public Works and Government Services Canada = Ministre des travaux publics et services gouvernementaux Canada, 1998.

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8

Convention on Certain Conventional Weapons. Geneva, Switzerland: United Nations, 2014.

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9

Protocols to the 1980 Conventional Weapons Convention: Message from the President of the United States, transmitting protocols to the 1980 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 : the amended protocol on prohibitions or restrictions on the use of mines, booby-traps and other devices (protocol II or the amended mines protocol); the protocol on prohibitions or restrictions on the use of incendiary weapons (protocol III or the incendiary weapons protocol); and the protocol on blinding laser weapons (protocol IV). Washington: U.S. G.P.O., 1997.

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An amendment and three protocols to the 1980 Conventional Weapons Convention: Report (to accompany Treaty docs. 105-1(B), 105-1(C), 109-10(B), and 109-10(C)). Washington, D.C: U.S. G.P.O., 2008.

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Book chapters on the topic "Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (1980)"

1

"No. 22495. Convention on prohibitions or restrictions on the use of certain conventional weapons which may he deemed to be excessively injurious or to have indiscriminate effects. Concluded at Geneva on 10 October 1980." In Treaty Series 1930, 310. UN, 2000. http://dx.doi.org/10.18356/461bd9f7-en-fr.

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Sandoz, Y. "The United Nations 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 10 October 1980." In The Banning of Anti-Personnel Landmines, 90–124. Cambridge University Press, 2000. http://dx.doi.org/10.1017/cbo9780511494246.008.

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"No. 22495. Convention on prohibitions or restrictions on the use of certain conventional weapons wbicb may be deemed to be excessively injurious or to have indiscriminate effects. Concluded at Geneva on 10 October 1980." In United Nations Treaty Series, 573. UN, 2001. http://dx.doi.org/10.18356/34b45018-en-fr.

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"No. 22495. 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. Concluded at Geneva on 10 October 1980." In United Nations Treaty Series, 538. UN, 2000. http://dx.doi.org/10.18356/22cbaede-en-fr.

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"No. 22495. 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. Concluded at Geneva on 10 October 1980." In United Nations Treaty Series, 431. UN, 2001. http://dx.doi.org/10.18356/23cabfd6-en-fr.

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"No. 22495. 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. Concluded at Geneva on 10 October 1980." In United Nations Treaty Series, 469. UN, 2000. http://dx.doi.org/10.18356/0f1c730d-en-fr.

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"No. 22495. 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. Concluded at Geneva on 10 October 1980." In United Nations Treaty Series, 384. UN, 2001. http://dx.doi.org/10.18356/f414611e-en-fr.

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"No. 22495. 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. Concluded at Geneva on 10 October 1980." In Treaty Series 1968, 255. UN, 2001. http://dx.doi.org/10.18356/cddcf842-en-fr.

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"No. 22495. 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. Concluded at Geneva on 10 October 1980." In United Nations Treaty Series, 517. UN, 2000. http://dx.doi.org/10.18356/ce5bc23b-en-fr.

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"No. 22495. 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. Concluded at Geneva on 10 October 1980." In United Nations Treaty Series, 439. UN, 2001. http://dx.doi.org/10.18356/57396536-en-fr.

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