Understanding the Position of International Humanitarian Law on the Use of Cluster Munitions

Publication Date : 11/05/2021

Author(s) :

Taiwo Abiodun-Oni Ibukunoluwa.

Volume/Issue :
Volume 2
Issue 2
(05 - 2021)

Abstract :

In the last century, the world has witnessed two world wars, one cold war, several genocides and unending insurgencies. Globalization, has spurred the need for nations of the world through their representative governments, to interact with one other in the guise to foster better relationships amongst themselves, maintain world peace and lead better lives for their countrymen. In the course of this unavoidable interaction between them, there is surely bound to be acrimony; acrimony that many times than not lead to loss of human lives directly or indirectly . The international community, with the aid of numerous international conferences and conventions, has in its little way embedded provisions that see to the reduction of suffering during armed conflict. Some of these provisions concern techniques used while some concern personnel use and some other concern weapons used. According to Sun Tzu in his book ‘Art of War’ the essence of war is not to totally annihilate ones enemy but to incapacitate them in the most skillful way. This conclusion is exemplified in his evergreen quote: “Generally in war the best policy is to take a state intact; to win it is inferior to this. Do not put a premium on killing. To capture the enemy’s army is better than to destroy it; to take intact a battalion, a company and a five man squad is better than to destroy them. For to win one hundred victories in one hundred battles is not the acme of skill but to subdue the enemy without fighting is the acme of skill”.

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