Chapter 5 analyzes the implementation of the principle prohibiting unnecessary suffering under a current international legal framework, highlighting treaties regulating weapons that were examined in the previous chapter, their development, and their use. The analysis begins with the Biological Weapons Convention. It proceeds to the Convention on Certain Conventional Weapons (CCW) and its associated protocols, including those pertaining to incendiary and blinding laser weapons, to examine any possible incorporation of health considerations in the legal agreements. This chapter further examines the impact of the norm against SIrUS on the Chemical Weapons Convention (CWC), the Ottawa Treaty, and the Treaty on the Prohibition of Nuclear Weapons (TPNW), with a focus on the lasting health consequences linked to nuclear chemicals, and incendiary weapons. Chapter 5 discusses a transition in the law of armed conflict (LOAC) from traditional perspectives centered on military necessity to a broader viewpoint that increasingly incorporates long-term health and humanitarian impacts as critical components of modern weapons law.

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Contemporary Legal Framework and Unnecessary Suffering

  • Jaroslav Krasny

摘要

Chapter 5 analyzes the implementation of the principle prohibiting unnecessary suffering under a current international legal framework, highlighting treaties regulating weapons that were examined in the previous chapter, their development, and their use. The analysis begins with the Biological Weapons Convention. It proceeds to the Convention on Certain Conventional Weapons (CCW) and its associated protocols, including those pertaining to incendiary and blinding laser weapons, to examine any possible incorporation of health considerations in the legal agreements. This chapter further examines the impact of the norm against SIrUS on the Chemical Weapons Convention (CWC), the Ottawa Treaty, and the Treaty on the Prohibition of Nuclear Weapons (TPNW), with a focus on the lasting health consequences linked to nuclear chemicals, and incendiary weapons. Chapter 5 discusses a transition in the law of armed conflict (LOAC) from traditional perspectives centered on military necessity to a broader viewpoint that increasingly incorporates long-term health and humanitarian impacts as critical components of modern weapons law.