| Abstract [eng] |
This master thesis seeks to analyze concrete means and methods of warfare the usage of which under the provisions of the International Law is limited or prohibited for one or another reason. In most of the cases the reasons for these limitations or prohibitions are also taken into consideration. It should be noted that the limitations to choose means and methods of warfare are analyzed as far as the international armed conflicts are concerned, besides the objective of the work is also limited to the limitations which are applicable to land armies. Furthermore, the purpose of this master thesis along the above mentioned is also to disclose which limitations are part of Customary International Law, as well as to analyze the infringements of which limitations constitute a war crime according to the Rome Statute of the International Criminal Court. First of all, in this master thesis the problematic aspects of its object are analyzed: (i) the notions „means“ and „methods“ of warfare, as the Lithuanian I Protocol of the Geneva Conventions does not make clear distinction between these notions, (ii) difficulties of choosing the structure of this master thesis. Then the principles of International Humanitarian Law applicable to the means and methods of warfare as well as the issue how the view to weapons and to their usage changed historically are discussed. And in the main part of this master thesis concrete means and methods of warfare, which were forbidden or which usage was restricted by the International Humanitarian Law are analyzed. Only forbidden means and methods are discussed, because in the International Humanitarian Law, as well as in many other branches of law, the principle „what is not forbidden, that is allowed“ is applicable. Thus, means and methods of warfare, which are not forbidden or which usage is not limited, are allowed. The main sources used while writing this master thesis was the scientific literature, mainly books and articles published by the International Red Cross Committee as well as the related law acts of which Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977; Convention for the Protection of Cultural Property in the Event of Armed Conflict, 14 May 1954; Final Act of the United Nations Conference on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, 10 October 1980 as well as the decisions and judgments of judicial and quasi-judicial institutions, such as the Inter-American Commission on Human Rights should be mentioned. While writing this master thesis the systemic, logical, teleological, comparative and historical methods were used. |
