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Castellaneta, Marina --- "New weapons, old crimes?" [2013] ELECD 1061; in Pocar, Fausto; Pedrazzi, Marco; Frulli, Micaela (eds), "War Crimes and the Conduct of Hostilities" (Edward Elgar Publishing, 2013) 194

Book Title: War Crimes and the Conduct of Hostilities

Editor(s): Pocar, Fausto; Pedrazzi, Marco; Frulli, Micaela

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781955918

Section: Chapter 11

Section Title: New weapons, old crimes?

Author(s): Castellaneta, Marina

Number of pages: 17

Abstract/Description:

Since the end of World War II and the use of atomic bombs in Hiroshima and Nagasaki on 6 and 9 August 1945, issues regarding the limits on, and the criminal responsibility for, the use of new weapons have a risen under international humanitarian law (IHL). By 7 December 1963 the Tokyo District Court in Shimoda et al v The State underlined that: It is a fundamental principle of international law in time of war that a belligerent has not an unlimited right in choosing the means of injuring the enemy, and should not use such weapons, projectiles and other material as cause unnecessary pain.