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- Title
NONLETHAL WEAPONS, NONCOMBATANT IMMUNITY, AND THE PRINCIPLE OF PARTICIPATORY LIABILITY.
- Authors
Gross, Michael L.
- Abstract
In defiance of international law, nonlethal weapons inflict direct harm upon noncombatants. To permit their use, this paper considers three competing arguments. First, nonlethal weapons inflict no harm; second, nonlethal weapons cause harm but do not violate the principle of noncombatant immunity; and third, some civilians, namely those who providing war sustaining aid, are liable to nonlethal harm under the principle of participatory liability. The first claim, has no merit. Nonlethal weapons inflict pain and suffering, albeit transitory. Combatants, however, are not always protected from all forms of direct harm. When subjected to economic sanctions, for example, noncombatants may suffer severe hardship. By analogy, noncombatants may suffer limited harm from nonlethal weapons when intended to prevent greater harms that come from conventional military attacks. Finally, not all noncombatants deserve immunity at all. Those providing war sustaining aid are liable to disabling but nonlethal force.
- Subjects
NONLETHAL weapons; NONCOMBATANT immunity; COMBATANTS &; noncombatants (International law); MILITARY weapons -- Law &; legislation; WEAPON laws; LAW
- Publication
Case Western Reserve Journal of International Law, 2015, Vol 47, Issue 3, p201
- ISSN
0008-7254
- Publication type
Article