حظر استخدام أسلحة الدمار الشامل في ضوء القانون الدولي

Abstract

Weapons of mass destruction are lethal instruments that involve nuclear explosions, radioactive, chemical, and biological materials, and any similar substances.

This research addresses the extent and limits of the prohibition of possessing and using such weapons. It has been prepared according to the analytical and comparative methodologies, and its scientific material has been incorporated into an introductory chapter dedicated to definitions and two main chapters. The first chapter deals with the customary, jurisprudential, and judicial prohibition of the use of weapons of mass destruction, while the second chapter discusses the prohibition of the use of such weapons in conventions and treaties. The research has concluded, among other things, that:

• The prohibition of possessing and using chemical and biological weapons is agreed upon, while there is disagreement regarding nuclear weapons, despite the fact that international law contains provisions in the convention prohibiting the use of weapons that cause unnecessary suffering.
• Jurisprudence has differed on the legality of possessing biological warfare weapons within the scope of Article 2(4).
• The prohibition should extend to the use of all weapons of mass destruction, regardless of their type.
• A weapon prohibited under the law of armed conflict does not become lawful in light of the theory of legitimate defense.
• The prohibition of such weapons is supported by many theories of international law.
• These weapons cause great damage to the environment, and their use constitutes a crime of genocide and a crime against humanity. Although not explicitly included in the Rome Statute of the International Criminal Court, the Statute has included in Article 8(2)(b) (17, 18) war crimes (the use of poison or poisoned weapons), as well as (the use of asphyxiating, poisonous or other gases, and all analogous liquids, substances or gases).

The research recommends adopting dual international criminal responsibility, as international criminal law cannot ignore the responsibility that rests on specific natural persons in connection with criminal acts committed by the state. The exceptions contained in the Rome Statute relating to the absence of international criminal responsibility should not apply in the case of the use of weapons of mass destruction. It also recommends considering the possession and use of chemical and biological weapons and the like as an international crime, especially after the entry into force of the Biological and Chemical Weapons Conventions.