MEANS AND METHODS OF WARFARE

Restrictions to the type of weapons used

The way they are used and the general conduct of all those engaged in the armed conflict
The principle of distinction requires that Parties to an armed conflict distinguish at all times
between combatants and military objectives on the one hand, and civilian persons and objects
on the other, and accordingly attack only legitimate targets.
- The definition of means and warfare
o Based on the universal recognition that “the right of the Parties to the conflict to choose
methods or means of warfare is not unlimited,”
o The distinction between “means” and “methods” of warfare is important because any weapon
(means) can be used in an unlawful manner (method), whereas the use of weapons that have
been prohibited because of their inherent characteristics is unlawful regardless of the manner
in which they are employed.
- The principles
o the only legitimate object of war is to weaken the enemy’s military forces, for
which purpose it is sufficient to disable the greatest possible number of
enemy combatants;
o the right to choose methods and means of warfare is not unlimited;
o it is prohibited to employ methods (and means) of warfare of a nature to
cause superfluous injury or unnecessary suffering;
o in the study, development, acquisition or adoption of new means or methods
of warfare it must be determined whether their employment is not prohibited
in some or all circumstances.
- Examples
Prohibited methods of warfare include:

 perfidy (API Arts. 37–39; Rules 57–65);

 terror (API Art. 51, APII Art. 13, Rule 2);
 famine (starvation) of civilians (API Art. 54, APII Art. 14, Rule 53);
 reprisals against non-military objectives (GCI Art. 46; GCII Art. 47; GCIII Art. 13;
GCIV Art. 33; API Arts. 20, 51–56; Art. 46 of the 1954 Convention on the Protection
of Cultural Property);
 attacks against protected persons and civilian objects, indiscriminate attacks (API
Arts. 48, 51; Rules 1 and 6);
 attacks aimed at causing damage to the natural environment (API Arts. 35, 52, and 55;
Rules 43–45);
 attacks against works and installations containing dangerous forces (API Arts. 52, 56;
APII Art. 15; Rule 42);
 pillage of cultural objects and property (GCIV Art. 33; Art. 4 of 1954 Convention on
the Protection of Cultural Property; APII Art. 4; Rules 38–41 and 52);
 taking hostages (GCI–IV Art. 3; GCIV Art. 34; API Art. 75; principles of
international law established by the statute and judgments of the Nuremberg
Tribunals; Art. 12 of the 1979 Convention against the Taking of Hostages; Rule 96);
 using human shields or population movements to favor the conduct of hostilities
(GCIV Art. 49; API Art. 51; APII Art. 17; Rules 97 and 129).