Explosive Remnants of War: The Way Forward
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Authors
Hunger, Roman
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Advisors
Date of Issue
2003
Date
April 2003
Publisher
Monterey, CA; Naval Postgraduate School
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Abstract
"International Humanitarian Law (IHL) is not meant to legitimize warfare, or to imply that any military action not specifically prohibited under the existing law is legitimate. Rather, International Humanitarian Law should be seen as the legal expression of an effort to reduce as far as possible the suffering inflicted in armed conflicts."[1]
The issue of Explosive Remnants of War (ERW) has been discussed for several years and discussions have included the question of whether existing legal regimes are sufficient to deal with this problem. Following the negotiations for a new legally binding instrument on ERW within the CCW,[2] some delegations have argued that present principles of IHL are sufficient and neednot to be further developed in the ERW context while others claim that the law does need further developments.[3]
However the discussions about the adequacy of IHL end, as long as there is no political will to comprehensively deal with the ERW issue, there will be no future solution that reduces the imminent threat caused by ERW on the ground.
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Article
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Center on Contemporary Conflict (CCC)
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Citation
Strategic Insights, v.2, issue 4 (April 2003)
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This publication is a work of the U.S. Government as defined in Title 17, United States Code, Section 101. Copyright protection is not available for this work in the United States.