Abstract
Abstract The Rome Statute has often been criticized for not following international customary law, with calls to more closely resemble this being relatively frequent. This is especially the case in the distinction made between international and non-international armed conflicts and the significant fewer war crimes applicable to non-international armed conflicts. One of the most apparent differences is in the lack of a provision criminalizing the employment of weapons that go against the general principles of weapons law in humanitarian law. This article seeks to address this critique by determining whether the lack of this criminalization in non-international armed conflicts is contrary to customary international law and if this divergence should be amended.
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