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Horst Mehlinger

Joint Operations

2017

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9. Waffen/-Teile/Ausrüstung - weapons/-parts/ equipment S. 269-272

„… boreCS-Reizstoffsprühgerät CS-sprayDienstwaffe duty weaponEinzellader single chamberedentspannt decockedFelder und Züge …” „… Zerlegehebelduty weapon Dienstwaffeextractor Auszieherkrallefirearm Schusswaffefiring-pin Schlagbolzenfront sight …”

14. Waffengesetz (WaffG) – Weapons law S. 313-316

„… www.WALHALLA.de 3131414. Waffengesetz (WaffG) Weapons lawAuch hier behandeln die Ausführungen nur …” „… Gegenständen und anderen Gegenständen.The weapons law is including firearms, equivalent items to fire-arms …” „… dem Ziel der Aufrechterhaltung der öffentlichen Sicherheit und Ordnung.The weapons law rules the …”

1. Militärische/Polizeiliche Fachbegriffe für den täglichen Einsatz und besondere Lagen (B A O) – common and special military/police terms S. 13-218

„… a weapon at someoneauf Veranlassung on the initiativeaufdecken to revealAufenthaltserlaubnis …” „… Waffen weapons confiscation126 www.WALHALLA.de1. Militärische/Polizeiliche FachbegriffeBbeschließen to …” „… side-by-sideSchulterstütze rifle buttSchuss gunshotSchusswaffe firearmSchußwaffengebrauch use of weapons180 www.WALHALLA.de1 …”

Titelei/Inhaltsverzeichnis S. 2-12

„… ................................... 31214. WaffengesetzWeapons law …”

8. Personenschutzauftrag – protective services mission S. 257-268

„… (auch geplante)Weapons, hospital, police-station, road construction(also planned ones)8 …”

13. Rechtsbegriffe und Verfahrensdetails – Connotations of the law and procedural details S. 303-312

„… weapon illegally.§ 136 StPO Aussageverweigerungsrecht/Schweigerecht des BeschuldigtenRight of the accused …”

12. Spezielle militärbezogene Begriffe – military related terms S. 277-302

„… materialWachposten sentry, guardWaffe weapon12. Spezielle militärbezogene Begriffe www.WALHALLA.de 28912während …”

doi.org/10.5771/9783802948503

Jan-Philipp Günther, Eric Hilgendorf - Robotik und Gesetzgebung

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Jan-Philipp Günther (ed.), Eric Hilgendorf (ed.)

Robotik und Gesetzgebung

Series: Robotik, Künstliche Intelligenz und Recht

Volume 2 2013

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Edoardo Datteri, Guglielmo Tamburrini Robotic Weapons and Democratic Decision-Making S. 211-231

„… Robotic Weapons and Democratic Decision-Making Edoardo Datteri, University of Milan-Bicocca, Italy …” „… and Guglielmo Tamburrini, University of Naples, Italy A. Introduction Robotic weapons are changing …” „… weapons give rise to ethical, legal, and social issues (ELS issues from now on) that are both novel and …”

Noel Sharkey The proliferation of robot technology: autonomy and legal prohibition S. 231-239

„… computationally intractable problem. Certainly we cannot rely on this happening when planning new weapons. The …” „… for Prohibiting Autonomous Armed Robots It could be argued that there are already weapons laws in …” „… study, development, acquisition or adoption of any new weapon.11 The apparent slackness is most likely …”

Jan C. Joerden Strafrechtliche Perspektiven der Robotik S. 195-211

„… . Kommentar, 2011, § 15, Rn. 39ff. 209 Robotic Weapons and Democratic Decision-Making Edoardo Datteri …” „… Robotic weapons are changing traditional views of what is war and how it is fought. On account of these …” „… pervasive transformations, robotic weapons give rise to ethical, legal, and social issues (ELS issues from …”

Titelei/Inhaltsverzeichnis S. 2-8

„… Robotic Weapons and Democratic Decision-Making 211 Edoardo Datteri; Guglielmo Tamburrini The …”

doi.org/10.5771/9783845242200

Daniele Amoroso - Autonomous Weapons Systems and International Law

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Daniele Amoroso

Autonomous Weapons Systems and International Law

2020

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A Normative Model of Meaningful Human Control over Weapons Systems S. 217-260

„… Summary: 1. Introduction. – 2. Human Control vs. Weapon Autonomy: Striking a Balance between …” „… Humanitarian and Military Considerations. – 3. The Debate on Meaningful Human Control (MHC) over Weapons …” „… diplomatic debates about autonomous weapon systems, a watchword has rapidly gained ground across the opinion …”

The “Accountability Gap” Problem. Who is to Blame for Autonomous Weapons Systems’ Misdoings? S. 121-160

„… Implications for the Legality of Autonomous Weapons Systems. 1. Introduction In the ever-growing scholarly and …” „… diplomatic debate on the ethical and legal implications of autonomous weapons systems (AWS), a prominent …” „… Who is to Blame for Autonomous Weapons Systems’ Misdoings? 1 See above Chapter II, Section 6. 2 See …”

Challenging Autonomous Weapons Systems as a Malum in Se AWS, Human Dignity and the Martens Clause between Ethics and Law S. 161-216

„… . Wrap-up of the Discussion. – 3. The Ethical Arguments against Autonomy in Weapons Systems. - 3.1. Autonomy …” „… in Weapons Systems as a Breach of the Human Dignity (and Humanity) of Targeted People. - 3.2 …” „… . Autonomy in Weapons Systems and the “Human Agency Removal” Problem. – 4. The Preservation of Human Agency …”

A Legality “Test” for Autonomous Weapons Systems. The (In)compatibility of Autonomous Targeting with International Humanitarian Law and International Human Rights Law S. 31-120

„… . - 3.3. Distinction and Autonomous Weapons Systems: The Problem of Situation Awareness. - 3.3.1 …” „… Human Rights Law. - 4.3. Autonomous Weapons Systems, Proportionality, and Balancing: Lost in Translation …” „… Measures for the Human-Weapon Relationship. - 5.4. Summary of the Discussion. – 6. Conclusions: Has …”

Bibliography S. 267-291

„… ), Discovering the Nanoscale, Amsterdam, 2004, p. 269 f. Altmann J. and Sauer F., Autonomous Weapon Systems and …” „… Bellum Arguments Against Autonomy in Weapons Systems: A Re-Appraisal, in Questions of International Law …” „… Weapons Systems, in Global Jurist, 2017 Amoroso D. and Tamburrini G., What Makes Human Control over Weapon …”

Introduction S. 5-30

„… Summary: 1. A (Brief) History of the Debate on Autonomous Weapons Systems. - 1.1. “Taking the Human …” „… Robots to the Group of Governmental Experts on Lethal Autonomous Weapons Systems. – 2. What Counts as …” „… “Autonomy” in Weapons Systems? The Case for a Functional Approach. - 2.1. An Overview of Existing and …”

Titelei/Inhaltsverzeichnis

„… Weapons Systems (or AWS), whose legality under international law is currently at the center of a heated …” „… explore the international legal implications of autonomy in weapons systems, by inquiring what existing …” „… Editorial Board NOMOS ISBN 978-3-7489-0953-8 Daniele Amoroso Autonomous Weapons Systems and International …”

Epilogue S. 261-266

„… in these fields.1 Inasmuch as it devotes a book-size research to autonomy in weapons systems, this …” „… potential for being “developed as a guiding principle not only for the use of autonomous weapons, but for …” „… EJIL:Talk!, 26 February 2020. 2 C. Heyns, Autonomous Weapons in Armed Conflict and the Right to a Dignified …”

doi.org/10.5771/9783748909538

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Thomas Wiegand

China's Naval Build-Up

Series: Nomos Universitätsschriften - Politik

Volume 139 2007

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Ships and weapons systems S. 41-46

„… 413. Ships and weapons systemsThis chapter deals with the fighting capabilities of the Chinese navy …” „… , the quantityand quality of its personnel, ships, aircraft and weapons systems.With 260,000 personnel …” „… ships and aircraft, the People's Republic of Chinais determined to put these weapon systems into service …”

The functions of naval forces – Dieter Mahncke and Hans-Peter Schwarz S. 33-35

„… seaborne weapons against territorial targets. In the age of nuclear weapons,atomic submarines carrying …”

Bilateral relations and points of conflicts S. 95-112

„… ofthese weapons.The on-going deployment of short-range missiles along the Chinese coast facing Taiwan …” „… delivery of weapons to Taiwan contributed topreserving its independence and freedom.Finally, Paragraph 15 …” „… example, Clinton mentionedthe non-proliferation of weapons of mass destruction, the fight against …”

Japan's existential dependence on sea routes S. 124-130

„… weapons system as well as nuclear weapons and the corresponding transport vehicles.For many years Japan …” „… economic and financial capacity tomassively expand its armed forces and to manufacture weapons systems that …”

The command structure and dispositioning of naval forces S. 39-41

„… .126 Op. cit., p. 2–3.413. Ships and weapons systemsThis chapter deals with the fighting capabilities …” „… of the Chinese navy, the quantityand quality of its personnel, ships, aircraft and weapons …”

Washington's strategic interests and the oceans S. 121-124

„… naval forces includepreventing attacks using conventional weapons against the USA and the deployment of …” „… weapons of mass destruction by other states in regional conflicts.A permanent global presence of naval …”

The break with the USSR and cooperation with the USA S. 84-95

„… Berlin signed by the four allied powers in 1971, progress on the limitation of strategic weapons and …” „… lacked the means to repulse a large-scale Soviet invasion involving weapons of mass destruction. Just as …” „… the Soviet Union couldcause tremendous harm to mankind in a world war involving weapons of mass …”

Titelei/Inhaltsverzeichnis S. 2-10

„… weapons systems 414. Military strategy 46III. China's economic reforms and their effects 501. Economic …”

The history of the navy of the People's Republic of China S. 37-39

„… were huge setbacks for the naval build-upbecause China was cut off from sources of modern weapons …”

The threat to Taiwan S. 130-132

„… number andtechnological quality of large-scale weapons systems available to each army.The Taiwanese air …”

Structure of this study S. 12-15

„… weapons systems currently in service in the Chinese navy and a detailed analysis of the strengths and …”

Military strategy S. 46-49

„… . Given thegreater range of modern weapons systems, e.g. missiles, to defend its importantcoastal regions …”

The political and economic significance of Central Asia S. 60-64

„… Lop Nor nuclear weapons testing range.Since then, unrest in Xinjiang has grown more widespread and …”

The struggle for survival – Charles Darwin S. 21-23

„… . On theother hand, his intellect has enabled him to dominate nature and develop weaponsthat make it …”

doi.org/10.5771/9783845200668

David Krivanek - The Weapons Provisions in the Rome Statute of the International Criminal Court and in the German Code of Crimes Against International Law

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David Krivanek

The Weapons Provisions in the Rome Statute of the International Criminal Court and in the German Code of Crimes Against International Law

2010

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Possible applicability to other weapons S. 136-138

„… other weaponsFollowing the above examination one may wonder if there are other means ofwarfare that are …” „… broadly as to encompass these weapons.Thus, it has to be ascertained that only bullets of the type …” „… bombs aswell as a number of means of warfare prohibited by the 1980 ConventionalWeapons Convention and …”

Overview of the Rome Statute's weapons provisions S. 21-23

„… weapons.9 For theobjective of the examination it is necessary to draw the line after these weaponsthe …” „… ) Employing poison or poisoned weapons;(xviii) Employing asphyxiating, poisonous or other gases, and all …” „… IntroductionObjectivesThis examination has three main objectives:1. analy?ing the weapons …”

Drafting history of the weapons provisions in the Rome Statute S. 27-31

„… ) of Option 1](vi) Nuclear weapons,(vii) Anti-personnel mines,(viii) Blinding laser weapons,[(ix) is …” „… poisoned weapons,(ii) Asphyxiating, poisonous or other gases, and all analogous liquids, materials or …” „… WeaponsConvention as well as the Biological Weapons Convention.51 For the use of these terms see already Price, 49 …”

Employing weapons, projectiles and material and methods of warfare S. 148-149

„… appropriate to elaborate on its requirements and examine which weapons mightbe encompassed by it.Of the four …” „… weapons, projectiles or material or methods of warfare havebeen included in an annex to the Statute".713 …” „… provision.RequirementsEmploying weapons, projectiles and material and methods of warfareFirst of all, the perpetrator must have …”

Weapons encompassed by Sec. 12 (1) No. 1 of the CCAIL S. 73-81

„… surprise as Germany is party to the Chemical WeaponsConvention.321As the definition in the Weapons Act …” „… penali?e the use of riot control agents.Applicability to nuclear weaponsThe examination will now turn to …” „… the CCAIL, similar to biological and chemical weapons.The systematic interpretation therefore does not …”

Weapons encompassed by Article 8 (2) (b) (xviii) of the Rome Statute S. 93-117

„… , chemicalweapons, biological weapons and nuclear weapons.Applicability to riot control agentsRiot control agents …” „… Weapons Convention. However, this reference in the Chemical WeaponsConvention is of no avail in the …” „… according to Article 8 (2) (b)(xviii) of the Rome Statute.Applicability to chemical weaponsA case apart from …”

Weapons encompassed by Article 8 (2) (b) (xvii) of the Rome Statute S. 46-67

„… providefor a penali?ation of the use of nuclear weapons.Mode of employment of nuclear weaponsIn order to …” „… regard to gaseousforms of poisonous weapons.Weapons encompassed by Article 8 (2) (b) (xvii) of the Rome …” „… agents in the category of so-called 'non-lethal weapons'may prima facie suggest that they do not have the …”

Other weapons encompassed by Sec. 12 (1) No. 2 of the CCAIL S. 123-125

„… extend the Protocol's provisions to all chemical weapons.The notion of 'chemical weapons' can therefore …” „… of chemical weaponsas defined by the Chemical Weapons Convention.Preliminary conclusion regarding the …” „… criminali?es the use of chemical weapons.Yet, as has been shown, there was no consensus in Rome to criminali?e …”

Weapon that releases a substance as a result of its employment S. 40

„… can be solid, liquid or gaseous.120Weapon that releases a substance as a result of its employmentA …” „… weapon is defined as any type of object that is used with the intention of causingdamage to life or …” „… health of a person or to objects.121A weapon is understood to release a substance when it discharges or …”

Comparison with the weapons provisions of the Code of Crimes against International Law S. 23-24

„… acts:…(xvii) Employing poison or poisoned weapons;(xviii) Employing asphyxiating, poisonous or other gases …” „… pierced with incisions;(xx) Employing weapons, projectiles and material and methods of warfare of a nature …” „… violation ofthe international law of armed conflict, provided that such weapons, projectiles and materialand …”

Subject of a comprehensive prohibition S. 165-172

„… subsequently beexamined.Nuclear weaponsThe starting point will be the question whether nuclear weapons may be …” „… weapons.Today there is a fairly large number of international conventions dealing withnuclear weapons, such as …” „… ?"; Kellmann, inBassiouni (ed.), International Criminal Law, at 509.168Chemical weaponsSubsequently, it will be …”

Scope of application S. 118-123

„… ) of the Statute does not encompass all weaponsbanned by the Protocol. Biological weapons have been …” „… Statute.Applicability to biological weaponsThe first type of weapon the use of which is criminali?ed by Sec. 12 (1) No …” „… . 2 ofthe CCAIL is the biological weapon. Germany is party to the Biological WeaponsConvention549 and …”

Of a nature to cause superfluous injury or unnecessary suffering or inherently indiscriminate S. 149-165

„… particularweapons of mass destruction, such as nuclear, chemical and biological weapons,are not included in the …” „… the Rome Statute, which comprises both means – i.e., weapons,projectiles and material – and methods of …” „… the effects required by Article 8 (2) (b)(xx) of the Rome Statute.Nuclear weaponsAs has been described …”

Bibliography S. 201-232

„… WeaponsWhich May be Deemed Excessively Injurious or to Have Indiscriminate Effects;Protocol on Non-Detectable …” „… Weapons.International Criminal Tribunal for the former Yugoslavia, Prosecutor v. Dusko Tadi?, AppealsChamber, IT-94-1-A …” „… University Press 2008.Cited as: Bernstein, Nuclear Weapons.Blanke, Hermann-Josef, Molitor, Claus, "Der …”

Titelei/Inhaltsverzeichnis S. 2-18

„… ) (xvii) of the Rome Statute: War crime ofemploying poison or poisoned weaponsChapter One:38General …” „… Applicability to nuclear weapons2. 52Mode of employment of nuclear weaponsa. 53Do nuclear weapons cause the …” „… to chemical weaponsb. 121Preliminary conclusion regarding the scope of application2. 123Other weapons …”

Introduction S. 194-195

„… blinding laser weapons,in both international and non-international armed conflicts.1009 Mexico raised …” „… lay on thedefinition of the crime of aggression,1006 the weapons provisions were also part ofthe …” „… biological and chemical weapons as well as anti-personnel mines in both international and non-international …”

Future Review Conferences S. 190-193

„… to overcome this impasse. It is unlikely that the nuclear weaponStates will forgo their right to …” „… amendment seems morerealistic to accomplish than the inclusion of new weapons.Four provisions in the Rome …” „… contextual elements of the weapons provisions. It is, in fact, difficult to imaginethe Court following the …”

Mental element S. 125-126

„… the one hand and biological and chemical weaponson the other hand in the Code on Control of Weapons of …” „… nuclearweapons, whereas Sections 18 and 20 deal with biological and chemical weapons.The different treatment is …” „… weapons.Comparing Article 8 (2) (b) (xviii) of the Rome Statute and Sec. 12 (1) No. 2 ofthe CCAILWhen implementing …”

Decision taken at the Review Conference S. 195-196

„… acts:…(xiii) Employing poison or poisoned weapons;(xiv) Employing asphyxiating, poisonous or other gases, and …” „… prohibition of such weapons may seem doubtful. Also the criminalityof the employment of anti-personnel mines …” „… .1015 To reflect this fact, Belgium redrafted the proposal and eventually onlythose weapons were put …”

Comparing the contextual elements of the Rome Statute and of the CCAIL S. 181-185

„… warfare.945It was in particular chemical weapons which the ICTY used in Tadi? to illustratethe development …” „… armed conflict947 does not make the decision toleave out the weapons provisions more understandable and …” „… flicts.952 For example, Article I of the Chemical Weapons Convention proscribesthe use of chemical …”

Scope of application S. 92-93

„… and nuclear weapons.Applicability to riot control agentsRiot control agents are among the means of …” „… applicationBefore turning to the examination of specific weapons, the scope of application,i.e., what is intended to …” „… use of chemical weapons areirrelevant. For the question whether someone has fulfilled the elements of …”

Scope of application S. 70-73

„… use of riotcontrol agents. Nor does it apply to the employment of nuclear weapons or weaponscontaining …” „… poisoned weapons, has shown that this includes theintroduction into, e.g., wells, foodstuffs and munitions …” „… use of poison and poisoned weapons in the RomeStatute has been implemented as Sec. 12 (1) No. 1 of the …”

Other bullets S. 142-145

„… the use of high-velocity weapons.Applicability to other weaponsFollowing the example of the Rome …” „… will focus on leadshot as well as high-velocity weapons.Applicability to shotgun ammunitionLead shot is …” „… to high-velocity weaponsIt is also doubtful whether the use of high-velocity weapons is criminal …”

Relationship to Article 8 (2) (b) (xviii) of the Rome Statute S. 44-46

„… considered lex specialis with regard to gaseousforms of poisonous weapons.Weapons encompassed by Article 8 (2 …” „… , Elements of War Crimes, at 282.44gaseous poisoned weapons may have toxic effects on the human body similar …” „… Weapons, paras. 54 et seq.; Tokyo District Court,Shimoda et al. v. The State, 8 The Japanese Annual of …”

General Comment S. 38-39

„… weaponsGeneral CommentAs one of the oldest principles of international humanitarian law,105 the …” „… Moreover, Article 3 (a) of the ICTY Statute contains a provision criminali?ingthe use of poisonous weapons …” „… .), Elements of Crimes, at 178. This is documented by thefact that a prohibition of poison or poisonous weapons …”

Mental Element S. 67-70

„… abasis for attempting to criminali?e the use of such weaponry.277Therefore, the employment of weapons …” „… finding, for the same reason that led to nuclear weapons notbeing encompassed by this provision.278 The …” „… primary function of DU is to hardenconventional weapons which are employed against tanks, not to poison …”

Mental Element S. 117-118

„… the remarksabove.543Conclusion regarding the applicability to nuclear weaponsThe use of nuclear …” „… does not encompass all weaponsbanned by the Protocol. Biological weapons have been omitted. So have …” „… nuclear weapons has already been established in the context of subparagraph(xvii). No other conclusion is …”

Conclusion S. 198-200

„… conventional weapons, such as anti-personnel mines, cluster munitions or weaponsprohibited according to the …” „… development.Certainly, some things remain to be done: First of all, the new weapons provisions have to become …” „… number of other prohibited means of warfare. Be it the explicit listingof biological and chemical weapons …”

Aggravating circumstances S. 126

„… weapons.Comparing Article 8 (2) (b) (xviii) of the Rome Statute and Sec. 12 (1) No. 2 ofthe CCAILWhen implementing …” „… , Germany has decidedto criminali?e the employment of biological and chemical weapons.As a consequence, the …” „… weapons. Reference can therefore be had to the discussionabove.583Conclusion regarding the scope of …”

Conclusion regarding the scope of application of Sec. 12 (1) No. 2 of the CCAIL S. 126

„… weapons.Comparing Article 8 (2) (b) (xviii) of the Rome Statute and Sec. 12 (1) No. 2 ofthe CCAILWhen implementing …” „… , Germany has decidedto criminali?e the employment of biological and chemical weapons.As a consequence, the …” „… weapons. Reference can therefore be had to the discussionabove.583Conclusion regarding the scope of …”

Comparing Article 8 (2) (b) (xviii) of the Rome Statute and Sec. 12 (1) No. 2 of the CCAIL S. 126

„… weapons.Comparing Article 8 (2) (b) (xviii) of the Rome Statute and Sec. 12 (1) No. 2 ofthe CCAILWhen implementing …” „… , Germany has decidedto criminali?e the employment of biological and chemical weapons.As a consequence, the …” „… weapons. Reference can therefore be had to the discussionabove.583Conclusion regarding the scope of …”

Mental Element: The perpetrator was aware that the nature of the bullets was such that their employment would uselessly aggravate suffering or the wounding effect. S. 138-140

„… term'bullet' so broadly as to encompass these weapons.Thus, it has to be ascertained that only bullets of the …” „… Weapons Conventionmay be similar to those of dum-dum bullets, it is not possible to interpret the …” „… would uselessly aggravate suffering or thewounding effect.Unlike the other weapons provisions,667 …”

Comparing Article 8 (2) (b) (xvii) of the Rome Statute and Sec. 12 (1) No. 1 of the CCAIL S. 85-86

„… , nuclear weaponsor weapons containing depleted uranium. With a view to the mental element, aninterpretation …” „… of weaponsArticle 8 (2) (b) (xvii) of the Statute does not criminali?e.As regards the material part …” „… . In other words, combatants ought to have the rightnot to be killed or seriously injured by weapons …”

Effects of the gas, substance or device S. 91-92

„… this part above.426Scope of applicationBefore turning to the examination of specific weapons, the scope …” „… ) relating to the right of second use of chemical weapons areirrelevant. For the question whether someone has …” „… . 12, marginal no. 48. Regarding the question of reprisalsusing chemical weapons see also Cryer, Acta …”

Article 8 (2) (b) (xx) of the Rome Statute S. 23

„… acts:…(xvii) Employing poison or poisoned weapons;(xviii) Employing asphyxiating, poisonous or other gases …” „… pierced with incisions;(xx) Employing weapons, projectiles and material and methods of warfare of a nature …” „… violation ofthe international law of armed conflict, provided that such weapons, projectiles and materialand …”

Bullets that expand or flatten easily in the human body S. 128-135

„… be established.Applicability to high-velocity weaponsSo-called small-caliber high-velocity bullets …” „… following analysis. Moreover, a closer look will betaken at other types of so-called conventional weapons in …” „… pointed end, fired from a rifle or gun.594 This limits the scope of application,as it excludes weapons …”

Conclusion S. 174-175

„… weapons.With regard to other weapons a comparison can only be made once the Statutewill be amended and Germany …” „… as no surprise: Since the draftersof the Statute did not penali?e any specific weapons by means of …” „… Statute. In light of the fact that it is not possible toforesee which weapons will eventually find their …”

Conclusion regarding the scope of application of Article 8 (2) (b) (xvii) of the Rome Statute S. 70

„… use of riotcontrol agents. Nor does it apply to the employment of nuclear weapons or weaponscontaining …” „… poisoned weapons, has shown that this includes theintroduction into, e.g., wells, foodstuffs and munitions …” „… use of poison and poisoned weapons in the RomeStatute has been implemented as Sec. 12 (1) No. 1 of the …”

Introduction S. 70

„… use of riotcontrol agents. Nor does it apply to the employment of nuclear weapons or weaponscontaining …” „… poisoned weapons, has shown that this includes theintroduction into, e.g., wells, foodstuffs and munitions …” „… use of poison and poisoned weapons in the RomeStatute has been implemented as Sec. 12 (1) No. 1 of the …”

Elements of Crimes of the new provisions S. 196-198

„… poisoned weapons;(xiv) Employing asphyxiating, poisonous or other gases, and all analogous liquids …” „… nuclear, chemical and biological weapons, the delegations inKampala avoided the painstaking discussions …” „… et seq. The inclusion of these weapons is particularly justified consideringthe existing evidence of …”

Conclusion regarding the scope of application of Article 8 (2) (b) (xviii) of the Rome Statute S. 118

„… ) of the Statute does not encompass all weaponsbanned by the Protocol. Biological weapons have been …” „… the use of nuclear weapons included in this provision.Implementation of Article 8 (2) (b) (xviii) of …” „… … employs biological or chemical weapons … shallbe punished …."548A prima facie reading already shows that …”

Introduction S. 118

„… ) of the Statute does not encompass all weaponsbanned by the Protocol. Biological weapons have been …” „… the use of nuclear weapons included in this provision.Implementation of Article 8 (2) (b) (xviii) of …” „… … employs biological or chemical weapons … shallbe punished …."548A prima facie reading already shows that …”

In violation of the international law of armed conflict S. 135-136

„… this provision was used.656Possible applicability to other weaponsFollowing the above examination one …” „… determiningthe legality of bullets, including the weapons firing them,646 it has not been formallyaccepted.647 …” „… incorporating such a prohibition in a new Protocolto the 1980 Conventional Weapons Convention; Prokosch, idem …”

Asphyxiating or toxic properties S. 90-91

„… weapons.419The fact that delegations at the Rome Conference eventually decided to highlightthe effects of …” „… issue at the Rome Conferencebecause Article II (1) (b) of the Chemical Weapons Convention describes …” „… properties'. An analysis of several specific types of weaponswill ensue with a view to establishing whether …”

Employment S. 39-40

„… to date not convicted anyone on the basis of having used poisonous weapons.111Nor has it defined …” „… contested,115 the Study is certainly correct on the issue of poison and poisoned weapons.116Element of crime …” „… 1: The perpetrator employed a substance or a weapon thatreleases a substance as a result of its …”

A decision by the International Criminal Court S. 188-190

„… weapons of mass destruction is alreadyjudiciable, on the basis that it would be "inconsistent" to punish …” „… the use of poisonedweapons or dum-dum bullets, but not of nuclear weapons.981 As desirable as …” „… acriminali?ation of weapons of mass destruction may seem, this argument cannotbe agreed with: The relevant Rome …”

Toxic properties S. 40-42

„… can be solid, liquid or gaseous.120Weapon that releases a substance as a result of its employmentA …” „… weapon is defined as any type of object that is used with the intention of causingdamage to life or …” „… health of a person or to objects.121A weapon is understood to release a substance when it discharges or …”

Conclusion regarding the scope of application of Article 8 (2) (b) (xix) of the Rome Statute S. 140-141

„… of the weapon, it is notappropriate to negate the existence of the requisite mental element. After …” „… drafters of this provision have been accused of "ignor[ing] developments in weapons and knowledge of wound …” „… other two weapons provisions analy?ed so far relate more to what may be termedthe use of 'unconventional …”

History of restricting the use of certain means of warfare S. 24-25

„… criminali?ing the use of weapons has been introduced onlyrecently, there is a long tradition relating to the …” „… prohibition of the use of certainweapons. For as long as wars have been waged,11 weapons have been used, and …” „… weapons originated in the 17th century, Grotius being oneof the first to demand that there ought to be …”

Findings S. 187-188

„… ) – (xx) of the Rome Statute exceeds the weapons provisions contained in theStatutes of the ad hoc …” „… well as thecontext in which the use of the weapons that have been included is criminal. Theseare some …” „… nuclear weapons is one thing. Although goodarguments militate in favor of a general prohibition and as a …”

General Comment S. 147-148

„… phrased in the form of a generic clause. Itdenotes as a war crime[e]mploying weapons, projectiles and …” „… , provided that such weapons, projectiles and material and methods of warfare are the subject of a …” „… only by the fact that the alreadyoperational provisions on prohibited weapons, Article 8 (2) (b) (xvii …”

Substance S. 40

„… can be solid, liquid or gaseous.120Weapon that releases a substance as a result of its employmentA …” „… weapon is defined as any type of object that is used with the intention of causingdamage to life or …” „… health of a person or to objects.121A weapon is understood to release a substance when it discharges or …”

Introduction S. 141-142

„… national efforts to contain or even ban conventional weapons, not to mention thecriminali?ation of …” „… of warfare exists, the most prominent examples being the 1980 Conventional Weapons Convention …” „… about the inclusionof nuclear weapons.684 It is a different question whether the weapons covered bythe …”

Overview of new provisions in the Rome Statute S. 25-27

„… still far from all-embracing number of specific weapons bans.18 Whereas parties toarmed conflicts …” „… today can generally be said to place certain restraints on their choiceof weapons based on existing …” „… use of weapons, deals principally with Hague Law.However, nowadays it is almost impossible and may not …”

General Comment S. 87-89

„… pre-existing instruments onthe prohibition of such weapons.389 These include the Declaration concerning …” „… Furmanski, in Croddy et al. (eds.), Weapons of Mass Destruction, at 259.87It is noteworthy that gas warfare …” „… and a biological weapons program; see Trevan, PolitiqueÉtrangère 2004, p. 25, at 27 et seq. Ali Hassan …”

Included in an annex to the Statute S. 172-173

„… the Court of the opportunityto make its own decision which weapons, apart from the few ones listed in …” „… Statute needs amending, agree on thetypes of weapons they deem to have the effects listed in Article 8 (2 …” „… which these newly included weapons will be listedwill not become operable for States parties ipso iure …”

Aggravating circumstances S. 83-85

„… discussion of this aspect will ensue, since this isnot an element specific to the weapons provisions and does …” „… criminali?ing the employment of poison or poisoned weapons.372 Theydo not require an actual result, i.e., that …” „… anything other than – in this case – theemployment of the substance or weapon occurred. The mere commission …”

Conclusion regarding the scope of application of Article 8 (2) (b) (xx) of the Rome Statute S. 173-174

„… either. Newly incorporated weapons provisions are likely to incorporate the mens rea standard of Article …” „… criminali?e the use of such weapons that may not even have been thought ofyet.902Nuclear weapons do not yet …” „… Rome Statute in the near future. Acriminali?ation of the use of chemical and biological weapons as well …”

Gas or other analogous substance or device S. 89-90

„… is prohibited bythe Chemical Weapons Convention of 1993.409 However, there was no explicitreference …” „… poisonous gases.411 Notwithstanding, theuse of such prohibited weapons is considered a war crime.412Element …” „… provision penali?ing poison and poisoned weapons,413 the perpetratormust have employed, i.e., used, a gas or …”

Introduction S. 31-33

„… is futile to looktoo much to the past and insist that particular types of weapons should have …” „… the Statute's weapons provisions and acknowledge that thechance of achieving an inclusion of …” „… all-embracing norms at the Rome Conferencehas been missed. At the same time one must now examine which weapons …”

Effects of the substance S. 42-44

„… (2) of the 1993 Chemical Weapons Convention (CWC):131 "Toxic chemical meansany chemical which …” „… Weapons and on their Destruction, 13 January 1993.132 Dörmann, Elements of War Crimes, at 281; Garraway …” „… – death or serious damage to health –is not inherent in the weapon itself, but rather accidental.No means …”

Conclusion regarding the contextual elements S. 185-186

„… comprehensible why negotiators at the Rome Conference did not extend the weapons provisionsof Article 8 (2) (b …” „… of prohibited weapons in conflicts of international and not of international character, being in line …” „… prohibited weapons"; Kreß,ibid., at 136.185Alongside the other examples noted, the Code of Crimes against …”

Mental element S. 173

„… either. Newly incorporated weapons provisions are likely to incorporate the mens rea standard of Article …” „… criminali?e the use of such weapons that may not even have been thought ofyet.902Nuclear weapons do not yet …” „… Rome Statute in the near future. Acriminali?ation of the use of chemical and biological weapons as well …”

Employment S. 89

„… is prohibited bythe Chemical Weapons Convention of 1993.409 However, there was no explicitreference …” „… poisonous gases.411 Notwithstanding, theuse of such prohibited weapons is considered a war crime.412Element …” „… provision penali?ing poison and poisoned weapons,413 the perpetratormust have employed, i.e., used, a gas or …”

Conclusion regarding the scope of application of Sec. 12 (1) No. 1 of the CCAIL S. 85

„… . In other words, combatants ought to have the rightnot to be killed or seriously injured by weapons …” „… the use of poison and poisoned weapons includes using substances whichthrough chemical or …” „… weapons and weapons containingdepleted uranium is not criminal according to this provision.For the …”

Mental element S. 81-83

„… (1) No. 1 of the CCAIL does not criminali?e the use of riot control agents,nuclear weapons or weapons …” „… poisoned weapons, there is no specific mental element in the CCAIL. To determinethe mental element, one …” „… an element specific to the weapons provisions and does therefore not provide any particular insight …”

In violation of the international law of armed conflict S. 165

„… nuclear, chemical and biological weapons are ofa nature to cause superfluous injury or unnecessary …” „… theinternational law of armed conflict'. Although it has been argued that it is not easyto agree upon when weapons …” „… any of the weapons discussedis therefore taken to indicate that a violation of the international law …”

Armed conflict S. 179-181

„… weapons also ininternal armed conflicts.For one, from the beginning of the drafting process the creators …” „… does not arise as the use of the weaponsdiscussed is criminal in both contexts.Comparing the contextual …”

General Comment S. 127-128

„… prohibiting weapons which are of a nature to cause unnecessarysuffering.586 This principle had been first …” „… . Moreover, a closer look will betaken at other types of so-called conventional weapons in order to ascertain …” „… from a rifle or gun.594 This limits the scope of application,as it excludes weapons that are fired from …”

Content of the Code of Crimes against International Law S. 33-34

„… Statute.In particular the question which weapons were to be incorporated was not nearlyas controversial as in …” „… deutschenVölkerstrafgeset?buchs, at 30.75 For the compromise reached in Rome in connection to the weapons provisions cf. supra,at …” „… weapons in the code; Entschließungsantrag der Fraktionder PDS vom 24. April 2002, BT-Drucksache 14/8924 …”

Contextual element 1 S. 176-179

„… contextual elements ofthe war crimes provisions on prohibited weapons. Unlike the mental element …” „… of theperpetrator.921The use of prohibited weapons would therefore not incur criminal liability as …” „… awar crime if the weapons were used in a context completely unrelated to the armedconflict. Mere use …”

Element of Crime 1: The perpetrator employed certain bullets. S. 128

„… following analysis. Moreover, a closer look will betaken at other types of so-called conventional weapons in …” „… pointed end, fired from a rifle or gun.594 This limits the scope of application,as it excludes weapons …”

List of Abbreviations S. 19-20

„… Court)BWC Biological Weapons ConventionBYIL British Yearbook of International LawCCAIL Code of Crimes …” „… against International LawCTBT Comprehensive Nuclear-Test-Ban TreatyCWC Chemical Weapons ConventionCYIL …”

Implementation of Article 8 (2) (b) (xx) of the Rome Statute into the German Code of Crimes against International Law S. 174

„… as no surprise: Since the draftersof the Statute did not penali?e any specific weapons by means of …” „… Statute. In light of the fact that it is not possible toforesee which weapons will eventually find their …”

Introduction S. 176

„… contextual elements ofthe war crimes provisions on prohibited weapons. Unlike the mental element …”

Mental element S. 145

„… No other conventional weapons can be considered to be criminali?ed by Sec. 12(1) No. 3 of the Code …”

Scope of application S. 142

„… go further than thatand to criminali?e bullets or weapons the use of which has been found not to …”

Aggravating circumstances S. 145-146

„… No other conventional weapons can be considered to be criminali?ed by Sec. 12(1) No. 3 of the Code …”

Nexus between the acts and the armed conflict S. 181

„… the use of the weaponsdiscussed is criminal in both contexts.Comparing the contextual elements of the …”

Mental element S. 181

„… the use of the weaponsdiscussed is criminal in both contexts.Comparing the contextual elements of the …”

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