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Commentary - Part III : Methods and means of warfare -- Combatant and prisoner-of-war status #Section I -- Methods and means of warfare

[p.387] Part III, Section I -- Methods and means of warfare

Introduction

1380 This Section is aimed primarily at reaffirming and developing Articles 22

, 23

(b),(c), (d), (e),(f), and 24

of the Hague

Regulations of 1907. Article 23

(a), which deals with the prohibition

of poison, was not included, as particular individual weapons were

the subject of separate studies. In fact, this omission has no effect

on the prohibition which remains fully in force. Similarly, the rules

relating to the treatment of enemy property (Article 23

(g) and (h))

were not included here as this problem seemed to be less urgent. On

the other hand, three absolutely new provisions, which have no

equivalent in the above-mentioned articles of the Regulations, have

been introduced. These are concerned with the protection of the

environment (Article 35

-- ' Basic rules, ' paragraph 3), with the

responsibilities at the national level relating to the introduction

of new weapons (Article 36

-- ' New weapons), ' and with the

protection of airmen in distress (Article 42

-- ' Occupants of

aircraft ').

1381 Finally, with regard to subjects which are common to the Section concerned here and the Hague Regulations, it may be noted that the

Hague Conference had urged that until regulations for the law of

naval warfare were drawn up, Powers should apply as far as possible

to war at sea the principles of the Convention Relative to the Laws

and Customs of War on Land. (1)

' J. de P. '

NOTES

(1) [(1) p.387] Final Act of the Hague Conference of 1907,

resolution No. 4, M. Deltenre, ' Recueil général des lois

et coutumes de la guerre, ' Brussels, 1943, p. 424;