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21 Mil. L. & L. War Rev. 201 (1982)
Armed Forces and the Development of the Law of War

handle is hein.journals/mllwr21 and id is 207 raw text is: ARMED FORCES AND THE DEVELOPMENT
OF THE LAW OF WAR
by
Lieutenant Colonel A.P.V. ROGERS
Assistant Director Army Legal Services
International Law & Training
(United Kingdom)
1. - General Topics
Background.
Additional Protocol I to the Geneva Conventions of 1949 was
opened for signature in December 1977 after three years of intensive
negotiations at the diplomatic conference. The Protocol has been
signed, but not yet ratified, by the United Kingdom. The United
Kingdom is working towards ratification in due course in consultation
with her allies and when the necessary legislation and amendments
to military manuals have been prepared.
Impact of Protocol I.
The Protocol brings up to date the Hague Rules of 1907 as well as
the Geneva Conventions of 1949, it codifies principles of customary
law and introduces new rules. Many examples can be given, but the
following should suffice to illustrate this process.
Article 23(e) of the Hague Rules prohibited the use of arms (( propre
h causer des maux superflus. >) This was translated in the English
version of the text to read (( it is especially forbidden... to employ arms,
projectiles, or material calculated to cause unnecessary suffering. ))
Superfluous injury and unnecessary suffering are two quite different
concepts but they have now both been embodied in Article 35 of
Protocol I which prohibits the use of weapons, projectiles and
material and methods of warfare of a nature to cause superfluous
injury or unnecessary suffering.

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