12. Unlawful Use Of Weapons

Abstract

There has long been controversy concerning the prohibition and criminalization of the use of weapons of mass destruction in the system of international criminal law. Conventions restricting the use of weapons and recognizing certain acts as international crimes are indeed many. The prohibition of poisonous weapons under Islamic international criminal law has been for two essential reasons. Firstly, the Islamic law of armed conflicts commands that armed attacks must always be waged in a humane manner - denoting the bravery of the soldiers in the actual fight. Secondly, armed attacks which are based on poisonous weapons are against the natural aspects of human dignity and are consequently against divine law. The spirit of Islamic international criminal law like the system of international criminal law prohibits all types of weapons which are dangerous and cause unnecessary suffering. In Islamic law, the unlawful use of weapons may be recognised as crimes against mankind.Keywords: international criminal law; Islamic international criminal law; weapons