Abstract

This paper examines the legality of the use of depleted uranium munitions under international humanitarian law. It will do so by first providing an overview of the substance ‘depleted uranium’ and explaining how and why this substance is used in munitions. It explores the proliferation of these munitions and the armed conflicts in which they have been used. Following the overview of depleted uranium munitions, this paper explores the environmental and health consequences of the use of depleted uranium munitions in armed conflicts. Utilising this information, this paper considers the legality of depleted uranium munitions under international humanitarian law. Ultimately, this paper argues that although it is becoming increasingly clear that the use of depleted uranium munitions in armed conflicts may have environmental and health implications, depleted uranium munitions are nonetheless legal under international humanitarian law. Their use may, however, be restricted by the ‘precautionary principle’. This paper argues that a regulatory treaty should be developed in order to minimise the environmental and health risks of depleted uranium munitions and clarify their legal position.

Highlights

  • Since their first major use in the Gulf War, depleted uranium (‘DU’) munitions have been hailed as a masterpiece of military technology

  • This paper examines the legality of the use of depleted uranium (‘DU’) munitions under international humanitarian law

  • This paper argues that it is becoming increasingly clear that the use of DU munitions in armed conflicts may have environmental and health implications, DU munitions are legal under international humanitarian law

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Summary

INTRODUCTION

Since their first major use in the Gulf War, depleted uranium (‘DU’) munitions have been hailed as a masterpiece of military technology. Concerns have been raised about possible adverse environmental and health effects caused by the use of DU munitions in armed conflicts. This paper argues that it is becoming increasingly clear that the use of DU munitions in armed conflicts may have environmental and health implications, DU munitions are legal under IHL. In order to demonstrate this thesis, this paper will first provide an overview of the substance known as depleted uranium, and explore how and why this substance is used in munitions. The proliferation of DU munitions and their use in armed conflicts will be explored Following this overview of DU munitions, this paper will investigate the competing views on the environmental and health effects of DU munitions, followed by an analysis of the legality of DU munitions under IHL. This paper will conclude with a proposed regulatory framework for DU munitions

A What is Depleted Uranium?
B How and Why is Depleted Uranium Used in Munitions?
C Proliferation of Depleted Uranium Munitions
D Use of Depleted Uranium Munitions in Armed Conflicts
A Environmental Effects of Depleted Uranium Munitions
B Health Effects of Depleted Uranium Munitions
A Specific Weapons
Are Depleted Uranium Munitions Nuclear Weapons?
Are Depleted Uranium Munitions Radiological Weapons?
Are Depleted Uranium Munitions Chemical Weapons?
Are Depleted Uranium Munitions Incendiary Weapons?
B Unnecessary Suffering
C Distinction and Proportionality
D Environmental Protections of International Humanitarian Law
E The Precautionary Principle
F Conclusions
A Ineffectiveness of a Treaty Ban or Moratorium
B A Proposed Regulatory Framework
Findings
CONCLUSION
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