موقف القانون الدولي من استخدام الأسلحة التي تحمل اليورانيوم المنضب

الملخص EN

Armor-piercing ammunition mad of depleted uranium (DU) was first used iu combat American.

Forces during the 1991 Gnlf War .

Since then , the repeated used and rapid proliferation of ( DU) ammunition have firmly established it as tool of modern war far .

Depleted uranium weapon is not universally accepted, however, because of concerns over its health and environmental effects.

Protests from various parts of the world have not only been voiced by NGOS activist and veterans, but also by scientists as well as by people from within the armed forces.

The number of scientific reports and investigation indicating the disastrous effects of (DU) are growing , in spite of political leaders and military commanders in denial.

Since there isn't up till now a treaty banning the use of weapons containing depleted uranium, a question arises, is that weapon legal ? Iu other words, is it necessary for a weapon to be considered illegal to be banned by a specific treat)' ? Or could it be considered illegal only if it vioulates the existing rules of international customary law and especially international humanitarian law ? This search attempts to answer this question by consulting the existing norms of the law and customs of war.

Depleted uranium weapons is considered illegal according to international law in the hght of the existing rules (treaties, customs and general principles of law).

They violate rule prohibiting the use of weapons that are indiscriminate , and the rule that orohibits the use of weapons that cause super fluous injuries or un necessary suffering , and the rule that prohibit its using weapons that could cause long, sever and wide spread damge to the environment.

Besides, they violate the rule that prohibits the use of poisoning weapons and their use violates the principle of proportionality.

Depleted uranium weapons also vioate some treaties regulating certain weapons C N P T treat)' of 1968 biological weapons convention 1972 , chemical weapons convention 1993 ) they also violate international customary rules (martens clause ,hgue regulation on the laws and custom of war 1907 ,The geneva protocol for the use in war of as fhyxiating , poisonous or other gases and of bacter iological methods of war fare , Geneva convention of 1949).besides they violate certain general principles of law.

Accordiuglg , there shuld be an immediate ban on the production , transport and use of depleted uranium weapons , as well as , obliging the responsible parties who had used this weapon to decontaminate the areas where these weapons were used , whether iu battlefields or in areas where they were tested .