Unnecessary Suffering. Proportionality. DOD Report By placing a heavy burden on attackers, the modern LOW creates a perverse incentive for defenders to violate distinction and wage “ lawfare ” Jus in Bello Proportionality Today Different than human rights and jus ad bellum proportionality
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“A slightly ambiguous protective provision is preferable to none at all” ~ Solis
~ 1907 Hague IV, Art 23 (e)
“Propres a causer des mauxsuperflus”
AP I Restatement
~ AP 1, Art 35 (2)
Note: Since 1974, we do this to implement Hague 23(e), even though we haven’t ratified AP-I
And Military Necessity
~ AP 1, Art 36
Effects are weighed against other lawful weapons.
What is prohibited is the design or modification and employment of a weapon for the purpose of causing suffering beyond that required by military necessity. In conducting the balancing test necessary to determine a weapon’s legality, the effects of a weapon cannot be weighed in isolation. They must be examined against comparable weapons in use on the modern battlefield and the military necessity for the weapon under consideration.
(1) disease, other than that resulting from physical trauma from explosions or projectiles; or
(2) abnormal physiological state, specific abnormal psychological state other than the expected response to trauma from explosions or projectiles); or,
(3) permanent disability specific to the kind of weapon (with the exception of the effects of point-detonated antipersonnel mines); or,
(4) disfigurement specific to the kind of weapon; or,
(5) inevitable or virtually inevitable death in the field (more than 22%) or hospital mortality level more than 5%; or,
(6) grade 3 wounds (as measured by the Red Cross wound classification) (among those who survive to hospital less than 10% had grade 3 wounds); or,
(7) effects for which there is no well-recognized and proven medical treatment which can be applied in a well-equipped field hospital
The Long Range Acoustic Device (LRAD)
“The machine has no feelings, it feels no fear and no hope. It operates according to the pure logic of probability. For this reason I assert that the robot perceives more accurately than man.”Max Frisch
All weapons must undergo a legal review before employment