"I have no doubt that we will succeed in using solar
energy. If sunbeams were a weapon of war, we would have had solar energy
centuries ago," George Porter said. John F. Kennedy believed that because
of the science of weapons and war, we have all become one world and one human
race with a common destiny. The potential use of WMDs is a serious issue and an
ongoing threat. The question of the justification for the use of WMDs is a
common topic of humanitarian law and criminal law. Humanitarian law (when to wage
war, how to conduct it, types of weapons permitted) somewhere reaches criminal
law (when one party to a war violates the rules of war and uses prohibited
weapons, for example WMDs).
The term "weapons of mass destruction" was first used
in 1937 by William Cosmo Lang (a Scottish Angelic priest) when he expressed his
sympathy for the people of Spain and China in a speech over the oppression of
the fascists and the Japanese. But neither he nor many after him explained
exactly what such weapons meant and which weapons were destructive. WMDs are
all weapons that target and destroy more than one person, organism, place or
body, such as chemical, biological, radiological and nuclear weapons. Each of
these weapons, if used, exceeds the limits of their effects on the individual
and at once kills, distorts and destroys dozens of people, buildings,
agricultural and natural land. That is why there are international treaties and
measures to prohibit and reduce their use, as they exceed the criteria of
proportionality no matter how they are used. Because according to humanitarian
law and criminal law, the type of weapon and the nature of the targets must be
compatible; WMDs are always above expectation, larger and more destructive than
the targets themselves may require.
The general view of nuclear weapons is that their use is not
explicitly prohibited by international law, as the 1968 Nuclear
Non-Proliferation Treaty and a 1996 advisory opinion of the International Court
of Justice state, especially in self-defense in extreme situations where the
very existence of a state is in danger. However, its use goes against the
principles of humanitarian law, as it goes against the principle of separating
civilians from military targets and would also have unnecessary consequences.
However, the manufacture, development, stockpiling and use of chemical,
biological, toxic and suffocating weapons are prohibited in several
international treaties and measures. Chemical weapons are banned by the 1993
Chemical Weapons Convention and biological weapons by the 1972 Biological
Weapons Convention. According to the participants of the conferences, the two
treaties cover individual responsibility in addition to the responsibility of
states, and individuals accused of using them will be punished. That is the
case in the criminal law of many countries, and liability is regulated by law.
Internationally, the Rome Statute of the International Criminal Court (Article
8, paragraph 2) prohibits the use of poisons and poisonous weapons, as well as
poisonous and asphyxiating gases or any similar liquids, substances or
materials and are considered war crimes. However, the Statute does not directly
prohibit or name "chemical" and "biological" weapons.
According to experts, the provisions of the Statute could include such weapons,
but it would be better to amend them and ban them directly. The reason for not
mentioning chemical and biological weapons is due to pressure from
nuclear-weapon states. Because these states did not want, did not allow and did
not believe that the use of nuclear weapons is a crime and prohibited, so the
chemical and biological weapons have been mentioned in this unclear manner.
Nuclear weapons, since they are newer than other types of WMDs,
they are less used. After the atomic bombings of Hiroshima and Nagasaki at the
end of World War II (August 1945), which killed at least 150,000 and at most
230,000 people, it was no longer used. Biological weapons, too, since their
effects are often combined with the effects of natural factors, are not easy to
identify and it is not clear when they were deployed. But chemical weapons have
been used more often and are easier to identify; from World War I to the
Iraq-Iran war, it has been used several times. In 1988, the cities of Halabja
in the Kurdistan Region and Sardasht in East Kurdistan were attacked by
chemical weapons of the Ba'ath and Saddam regime, killing at least 5000 people
and wounding thousands more. In addition, according to a report by Human Rights
Watch, during the Anfal genocidal campaign in 1988, the Iraqi government used
chemical weapons against the people of the Kurdistan Region about forty times.