4.1 Weapons, projectiles, materials and means of warfare which cause unnecessary injury or suffering are not permissible, that is, when the practical effect is to cause injury or suffering which is out of proportion to the military effectiveness of the weapon, projectile, material or means. Limitations on the use of weapons fall into two broad categories, namely:
- prohibited weapons, and
- the illegal use of lawful weapons.
4.2 Defence Instructions (General) OPS 44–1—Legal Review of New Weapons requires legal review of all proposed new weapon acquisitions to determine whether their intended use is consistent with the Australian Government’s obligations under international law. While Australian Defence Force (ADF) members can be confident that their issued weapons do not violate the law of armed conflict (LOAC), care must be taken to ensure that they are used and employed in a manner that complies with the LOAC. Weapon use will be unlawful under the LOAC when it breaches the principle of proportionality by causing unnecessary injury or suffering.
4.3 In a major or extended conflict, ADF members could be called upon to utilise captured enemy weapons. While the LOAC recognises that such weapons may be used (after enemy markings are removed and provided they do not cause unnecessary injury or suffering), prior command approval should normally be obtained if the captured weapon is not currently in the ADF inventory.
Australian Defence Doctrine Publication 06.4: Law of Armed Conflict (11 May 2006)
