ICRC, Reaffirmation and Development of the Laws and Customs Applicable in Armed Conflicts (May 1969)

The report discusses, inter alia, the different fields in which substantive law should be developed. As one such area, it identifies (at 47-64) the prohibition of "non-directed" weapons or weapons causing unnecessary suffering. Specifically, it draws attention to nuclear weapons, bacteriological and chemical weapons, and napalm (the latter at 60-63).

See:

• Resolution XIV: Weapons of Mass Destruction in XXIst International Conference of the Red Cross: Report (1969) 99
• Etienne Boeri (rapporteur), Report of the Commission for International Humanitarian Law and Relief to Civilian Populations in Armed Conflicts (1969)

Resolution XIV: Prohibition or Restriction of Use of Certain Weapons in XXIInd
International Conference of the Red Cross: Report (1973) 123

See also Summary Record of the Second Plenary Session (14 Nov 1973) in ibid., especially 81-84

ICRC convened a meeting of experts to discuss the "reaffirmation and development of the laws and customs appliocable in armed conflicts"

Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflict (Geneva, 24 May-12 June 1971): Report on the Work of the Conference (ICRC, August 1971) 83-84, paras 472-477

Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflict (convened by the ICRC)

Recommendation submitted by experts of 19 governments to convene a working group on weapons.

Meeting of Experts on Weapons that may Cause Unnecessary Suffering or have Indiscriminate Effects (Session 1)

See second session for report

Meeting of Experts on Weapons that may Cause Unnecessary Suffering or have Indiscriminate Effects (Session 2)

Report of the Work of Experts (ICRC 1973)

Swedish Working Group, Conventional Weapons: Their Deployment and Effects from Humanitarian Aspect (1973)

Conference of Government Experts on the Use of Certain Conventional Weapons (1st Session)

Report (ICRC 1975)

Conference of Government Experts on the Use of Certain Conventional Weapons (2nd Session)

Report (ICRC 1976)

Resolution XXIII: Human Rights in Armed Conflict in Final Act of the International Conference on Human Rights (Teheran, 22 April to 13 May 1968) (12 May 1968) A/CONF.32/41, 18:

1. Requests the General Assembly to invite the Secretary-General to study:
   (a) Steps which could be taken to secure the better application of existing humanitarian international conventions and rules in all armed conflicts;
   (b) The need for additional humanitarian international conventions or for possible revision of existing Conventions to ensure the better protection of civilians, prisoners and combatants in all armed conflicts and the prohibition and limitation of the use of certain methods and means of warfare;

2. Requests the Secretary-General, after consultation with the International Committee of the Red Cross, to draw the attention of all States members of the United Nations system to the existing rules of international law on the subject and urge them, pending the adoption of new rules of international law relating to armed conflicts, to ensure that in all armed conflicts the inhabitants and belligerents are protected in accordance with "the principles of the law of nations derived from the usages established among civilized peoples, from the laws of humanity and from the dictates of the public conscience";

3. Calls on all States which have not yet done so to become parties to the Hague Conventions of 1899 and 1907, the Geneva Protocol of 1925, and the Geneva Conventions of 1949.

See also:

• Draft Resolution relating to Human Rights in Armed Conflict – submitted by Czechoslovakia, India, Jamaica, Uganda and United Arab Republic (6 May 1968) A/CONF.32/C.2/L.45/Rev.1
• Summary Record of the Thirteenth Meeting of the Second Committee (9 May 1968) A/CONF.32/C.2/SR.13, 148–149, 157
• Report of the Second Committee (9 May 1968) A/CONF.32/34, 32–34, ¶¶ 71–72

The Conference established an Ad Hoc Committee on Conventional Weapons to consider prohibitions or restrictions for humanitarian reasons on the use of specific conventional weapons. The Ad Hoc Committee met during all four sessions of the Conference.

Summary Records of the Ad Hoc Committee can be found in Official Records of The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts Geneva (1974–1977): Volume XVI (Swiss Federal Political Department 1978).

Official Records of The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts Geneva (1974–1977): Volume XVI (Swiss Federal Political Department 1978).

Official Records of The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts Geneva (1974–1977): Volume XVI (Swiss Federal Political Department 1978).

The Conference adopted Resolution no 22(IV): Follow-up Regarding Prohibition or Restriction of Use of Certain Conventional Weapons , which recommended convening an inter-governmental conference with a view to reaching a separate agreement on prohibitions or restrictions on the use of specific conventional weapons.

See also Official Records of The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts Geneva (1974–1977): Volume XVI (Swiss Federal Political Department 1978).

See separate list of documents.

Incendiary and Other Specific Conventional Weapons Which May Be the Subject of Prohibitions or Restrictions of Use for Humanitarian Reasons
Report of the Secretary-General 10 Sep 1976 A/31/146

UNGA Resolution 31/64 (10 Dec 1976) A/RES/31/64

See also: Report of the First Committee (7 Dec 1976) A/31/372

Incendiary and Other Specific Conventional Weapons Which May Be the Subject of Prohibitions or Restrictions of Use for Humanitarian Reasons: Report of the Secretary-General (8 Sep 1977) A/32/124

Incendiary and Other Specific Conventional Weapons Which May Be the Subject of Prohibitions or Restrictions of Use for Humanitarian Reasons: UNGA Resolution 32/152 (19 Dec 1977) A/RES/32/152 (deciding to convene a diplomatic conference “with a view to reaching agreements on prohibitions or restrictions of the use of specific conventional weapons, including those which may be deemed to be excessively injurious or to have indiscriminate effects, taking into account humanitarian and military considerations, and on the question of a system of periodic review of this matter and for consideration of further proposals” (¶ 2) and to convene a preparatory conference (¶ 3))

See also Report of the First Committee (5 Dec 1977) A/32/369
deciding to convene a diplomatic conference “with a view to reaching agreements on prohibitions or restrictions of the use of specific conventional weapons, including those which may be deemed to be excessively injurious or to have indiscriminate effects, taking into account humanitarian and military considerations, and on the question of a system of periodic review of this matter and for consideration of further proposals” (¶ 2) and to convene a preparatory conference (¶ 3))

Napalm and Other Incendiary Weapons and All Aspects of their Possible Use

Report of the Secretary-General under Resolution 2852 (XXVI), paragraph 5 (9 Oct 1972) A/8803 and Corr.1

[…/Rev.1 / UN Sales No E.73.I.3]

UNGA Resolution 2932 (XXVII) 29 Nov 1972 A/RES/2932(XXVII)
(requesting that the Secretary-General to circulate his report to governments for their comments and to report on these comments)

Napalm and Other Incendiary Weapons and All Aspects of their Possible Use

Report of the Secretary-General (11 Oct 1973) A/9207 (reporting on replies received from Australia, Barbados, Byelorussian SSR, Cyprus, Czechoslovakia, Denmark, Finland, Guatemala, India, Iran, Kuwait, Mexico, Mongolia, Netherlands, Norway, Poland, Sweden, Syria, USSR, UK, USA)

Napalm and Other Incendiary Weapons and All Aspects of their Possible Use

UNGA Resolution 3076 (XXVIII) (6 Dec 1973) A/RES/3076(XXVIII)
(inviting the Diplomatic Conference “to consider – without prejudice to the examination of the protocols submitted to it by the [ICRC] – the question of the use of napalm and other incendiary weapons which may be deemed to cause unnecessary suffering or to have indiscriminate effects, and to seek agreement on rules prohibiting or restricting the use of such weapons” (para 2))

See also Report of the First Committee (4 Dec 1973) A/9362

Napalm and Other Incendiary Weapons and All Aspects of their Possible Use
Report of the First Committee 9 Dec 1974 A/9901
Resolution 3255 (XXIX) 9 Dec 1974 A/RES/3255(XXIX)

Napalm and Other Incendiary Weapons and All Aspects of their Possible Use

Report of the Secretary-General under Resolution 3255 A (XXIX) (18 Sep 1975) A/10222

Napalm and Other Incendiary Weapons and All Aspects of their Possible Use
Report of the Secretary-General under Resolution 3255 B (XXIX) 24 Sep 1975 A/10223
(reporting on replies received from Australia, Canada, Cyprus, Greece, Guatemala, Kuwait, Mexico, Norway, Oman, Pakistan, Qatar, Sweden, Thailand, Turkey, Venezuela)
 Addendum 13 Nov 1975  …/Add.1
(reporting on replies from Bahrain and Western Samoa)

Napalm and Other Incendiary Weapons and All Aspects of their Possible Use
Report of the First Committee 9 Dec 1975 A/10432
UNGA Resolution 3464 (XXX) 11 Dec 1975 A/RES/3464(XXX)

UNGA Res 2444 (XXIII) (19 Dec 1968) A/RES/2444(XXIII):

-- taking note of Tehran Resolution XXIII (12 May 1968) (preamble);
-- inviting the UNSG, in consultation with ICRC and other international organisations, to study, inter alia, the need for additional legal instruments on the prohibition and limitation of the use of certain methods and means of warfare (¶ 2(b))

See also Report of the Third Committee (18 Dec 1968) A/7433

Respect for Human Rights in Armed Conflicts

[First] Report of the Secretary-General (20 Nov 1969) A/7720, ¶¶ 32–69, 183–201

Respect for Human Rights in Armed Conflicts

UNGA Res 2597 (XXIV) (16 Dec 1969) A/RES/2597(XXIV) (requesting the SG "to continue the study initiated under General Assembly resolution 2444 (XXIII)")

See also Third Committee Report (13 Dec 1969) A/7909

Respect for Human Rights in Armed Conflicts

[Second] Report of the Secretary-General (18 Sep 1970) A/8052, ¶¶ 122–126

Respect for Human Rights in Armed Conflicts: UNGA Res 2677 (XXV) (7 Dec 1970) A/RES/2677(XXV)

Comments by Governments on the Reports of the Secretary-General: Note by the Secretary-General 15 Jun 1971 A/8313
(replies received from Barbados, Belgium, Byelorussian SSR, Canada, Cuba, Cyprus, Czechoslovakia, Denmark, Dominican Republic, Federal Republic of Germany, Fiji, Holy See, Iraq, Israel, Madagascar, Nauru, Norway, Poland, Sweden, Ukrainian SSR and USSR)
 Addendum 6 Oct 1971  …/Add.1
(reply received from Netherlands)
 Addendum 18 Oct 1971  …/Add.2
(replies received from Finland and France)
 Addendum 22 Oct 1971  …/Add.3
(reply received from Norway)

Respect for Human Rights in Armed Conflicts

[Third] Report of the Secretary-General (2 Sep 1971) A/8370, ¶¶ 98–108

Respect for Human Rights in Armed Conflicts
UNGA Resolution 2852 (XXVI) 20 Dec 1971 A/RES/2852(XXVI)
(requesting that the Secretary-General prepare a report on napalm)

Respect for Human Rights in Armed Conflicts

[Fourth] Report of the Secretary-General (20 Sep 1972) A/8781

3032 (XXVIl) of 18 December 1972

Respect for Human Rights in Armed Conflicts

[Fifth] Report of the Secretary-General (19 Sep 1973) A/9123 and Corr.1
 Addendum (9 Nov 1973) …/Add.1
 Addendum (21 Nov 1973) …/Add.2

Existing Rules of International Law Concerning the Prohibition or Restriction of Use of Specific Weapons: Survey Prepared by the Secretariat 7 Nov 1973 A/9215(Vol. 1) and (Vol. 2)

Respect for Human Rights in Armed Conflict

First Session of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts: Report of the Secretary-General (12 Sep 1974) A/9669
 Addendum (19 Nov 1974) …/Add.1

Respect for Human Rights in Armed Conflict: Resolution 3319 (XXIX) (14 Dec 1974) A/RES/3319(XXIX)

See also Report of the Sixth Committee (12 Dec 1974) A/9948

Respect for Human Rights in Armed Conflict

Second Session of the Diplomatic Conference on Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts: Report of the Secretary-General (5 Sep 1975) A/10195 and Corr. 1
 Addendum (11 Nov 1975) …/Add.1

Respect for Human Rights in Armed Conflict

Report of the Sixth Committee 11 Dec 1975 A/10463
UNGA Resolution 3500 (XXX) 15 Dec 1975 A/RES/3500(XXX)

Respect of Human Rights in Armed Conflict

Third Session of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts: Report of the Secretary-General (18 Aug 1976) A/31/163
 Addendum 24 Sep 1976  …/Add.1

Respect of Human Rights in Armed Conflict

Fourth Session of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts: Report of the Secretary-General (15 Aug 1977) A/32/144

Addendum (26 Nov 1977) …/Add.1