UPDATE: Researching the International Weapons Law

By Gudrun Monika Zagel

Gudrun Monika Zagel is Assistant Professor at the Department of Public, International and European Law of the University of Salzburg. She received her legal education from the University of Salzburg Law School and from the University of Texas School of Law at Austin, where she was a Fulbright Scholar. Previous work experiences include Professor of International Law and Human Rights at the University of the Federal Army Munich and consultant at the Office of the Legal Advisor of the Austrian Ministry of Foreign Affairs. Gudrun is the author of a treatise and numerous articles on international economic law and co-editor of Smit & Herzog on The Law of the European Union (Matthew Bender). The author would like to thank Ms. Ellie Persellin for her valuable support in updating this research guide.

Published November/December 2021

(Previously updated in January 2017)

See the Archive Version!

Table of Contents

1. Introduction

Since the end of the 19th century, with the development of technically more and more sophisticated weapons that cause increasingly brutal injuries to combatants and civilians, states started to ban certain types of weapons entirely and to limit the quantity and to regulate the use of weapons. The 1868 Declaration of St. Petersburg is the first formal agreement banning the use of certain weapons in war. The two Hague Peace Conferences in 1899 and in 1907 brought progress in this respect. After relatively unsuccessful attempts in the League of Nations, a true multilateral process of disarmament started after World War II in the framework of the UN but also on the regional level.

The international law of weapons existing today comprises a large variety of rules. Whereas weapons of mass destruction are governed by a rather comprehensive and restrictive regime, in the field of conventional arms, the rules are less widespread, and existing treaties usually only govern specific categories of weapons and ammunition. In addition, it is uncertain how emerging new weapons, e.g., autonomous weapons systems or cyber weapons, are covered by existing rules and new rules are being developed. The scope of regulating weapons differs from a complete ban to limitations on the production, stockpiling, use, or trade in arms. Likewise, the compliance and verification mechanisms differ considerably depending on the type of arms and ammunition. Finally, there are rules on the use of arms in wartime as a means and method of warfare and on the use of arms in peacetime for the purpose of law enforcement.

After an overview on general sources on international weapons law (2.) and institutions dealing with weapons, arms control, and disarmament (3.), this research guide will provide references on rules banning or limiting weapons of mass destruction (4.), rules governing conventional weapons (5.), new types of weapons (6.), and rules regulating the use of weapons (7.).

2. General Information

2.1. General Information on Arms and Arms Trade

2.2. Basic Bibliography

2.3. Leading Journals and Periodicals

2.4. Research Guides on the Internet

2.5. Libraries

2.6. Treaty and Documents Databases

3. Relevant Institutions

3.1. The United Nations

Relevant Bodies

Further Information

3.2. Other

3.3. Research Institutions

3.4. NGOs

3.5. National Authorities Dealing with Weapons and Disarmament

4. Weapons of Mass Destruction

With respect to weapons of mass destruction (nuclear, biological, and chemical weapons), international treaty law provides the most comprehensive rules on their production, use, non-proliferation, and compliance.

4.1. General

Joyner, Daniel H., International law and the Proliferation of Weapons of Mass Destruction, Oxford, New York: Oxford University Press 2009.

4.2. Nuclear Weapons

The regulation of nuclear weapons has been a cumbersome process. There are numerous multilateral treaties governing specific aspects of nuclear weapons, such as the proliferation of nuclear weapons, establishing nuclear-weapon free zones, and banning tests with nuclear weapons. Only in 2021, a treaty on a complete ban of nuclear weapons entered into force.

4.2.1. General Bibliography

Borrie, John/Caughley, Tim (eds.), Viewing Nuclear Weapons through a Humanitarian Lens, New York, Geneva: UNIDIR 2013.

4.2.2. Prohibition of Nuclear Weapons

Legal Sources

Bibliography

Legal Sources

Bibliography

4.2.3. Nuclear Tests

Legal Sources

Bibliography

4.2.4. Reduction of Nuclear Arms

During the Cold War, but also after 1990 the US and the USSR have concluded a number of bilateral agreements on the reduction of short range and medium range missiles.

Legal Sources

Bibliography

4.2.5. Legality of the Use of Nuclear Weapons

Legal Sources

Bibliography

4.2.6. Nuclear-Free Zones

Legal Sources

Bibliography

4.2.7. Nuclear Terrorism

Legal Sources

Bibliography

4.2.8. Organizations Monitoring Compliance with Nuclear Treaties

Bibliography

4.3. Biological and Chemical Weapons

International law provides for a comprehensive regime on biological and chemical weapons that involves a complete ban and includes extensive compliance and verification mechanisms.

Legal Sources

General Bibliography

Biological Weapons

Chemical Weapons

Institutions Monitoring Compliance

Useful Links

5. Conventional Weapons and Ammunition

There are several treaties addressing conventional weapons and banning or limiting their number, use, or proliferation. Some categories of weapons, such as small arms, and ammunition are, however, hardly regulated or regulation is still under discussion.

5.1. 1980 UN Convention on Certain Conventional Weapons

The Convention provides a framework for negotiating the prohibition or restriction of specific conventional weapons that are considered to be excessively injurious or having indiscriminate effects. So far, 5 protocols have been concluded. A protocol on autonomous legal weapons is under discussion. (See Chapter 6.1.)

Legal Sources

Implementation

Useful Links

5.2. Land Mines

Legal Sources

Bibliography

Useful Links

5.3. Cluster Munitions

Legal Sources

Bibliography

Useful Links

5.4. Small Arms and Light Weapons (SAWL)

United Nations

OSCE

Regional: Africa

Regional: Americas

Bibliography

Useful Links

5.5. Trade in Conventional Arms

Another possibility to reduce the use of conventional weapons is to limit their availability. This is done through a number of regimes limiting and regulating the trade in arms and dual-use goods.

Basic Information

Legal Sources

Bibliography

Useful Links

5.6. Arms Embargoes

Legal Sources

Bibliography

5.7. Reduction and Limitation of Conventional Arms

Legal Sources

Monitoring Compliance

Bibliography

6. New Types of Weapons

6.1. Autonomous Weapon Systems

So far, there is no specific treaty governing the prohibition, limitation of use or trade in autonomous weapon systems. There is, however, discussion on a protocol to the CCW Convention (See Chapter 5.1.) Also, the existing rules of treaty law and customary international law on the use of weapons apply. (See Chapter 7)

Legal Sources

Bibliography

Useful Links

6.2. Cyber Weapons and Cyberwarfare

So far, there is no specific legal instrument on cyber weapons, consequently the rules on the use of weapons (See Chapter 7) apply.

Bibliography

Useful links

7. Rules Regulating the Use of Weapons

The use of weapons that are not prohibited by one of the regimes mentioned in Chapters 4 to 6 of this guide is governed by the rules of international law. In times of armed conflict, the rules of international humanitarian law apply, in times of peace, the use of weapons must comply with the requirements of international human rights law. Areas beyond national jurisdiction are governed by specific legal rules.

7.1. During Armed Conflict

During armed conflict, Hague and Geneva Law apply to the use of all weapons that are not banned or regulated by specific treaties (see Chapters 4 to 6). These rules are of special importance for new categories of weapons not yet covered by specific treaties (e.g., autonomous weapon systems, cyber weapons. For both categories see also Chapter 6).

Legal Sources

Bibliography

7.2. During Peace Time

During peace time, arms may be used according to the national legal framework. However, states hold obligations under international law to respect, ensure, and protect basic human rights (in particular the right to life) when weapons are used. 75 per cent of all small arms are held by civilians, private security companies, armed groups or gangs, whereas only 25 per cent are held by law enforcement personnel. The use of weapons by law enforcement personnel is directly attributable to the state and thus states are obliged to ensure that the use of weapons by officials comply with international human rights law. But also, regarding the use of weapons by civilians, states have obligations under human rights law to protect other persons under their jurisdiction from death and non-lethal violence caused by weapons in situations of homicide, suicide, and extrajudicial killings.

Legal Sources

Bibliography

Additional Useful Links

7.3. Areas Beyond National Jurisdiction

The rules on weapons in the areas beyond national jurisdiction, including outer space or the high seas, are limited and still subject to discussion. Additional information on nuclear weapons is available in Chapter 4.2.7.

Bibliography

Useful Links