A legal analysis of depleted uranium as weapon of mass destruction under international law
Depleted uranium weapon is usually associated with nuclear weapons, and it was first used in 1991 by the United States and Britain against Iraq during the Gulf War II. Its effects on the environment and successive generations of humans are no less dangerous than the effects of other weapons of mass...
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| Format: | Thesis |
| Language: | eng eng eng |
| Published: |
2019
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| Online Access: | https://etd.uum.edu.my/9033/1/s95850_01.pdf https://etd.uum.edu.my/9033/2/s95850_02.pdf https://etd.uum.edu.my/9033/3/s95850_references.docx |
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| Summary: | Depleted uranium weapon is usually associated with nuclear weapons, and it was first used in 1991 by the United States and Britain against Iraq during the Gulf War II. Its effects on the environment and successive generations of humans are no less dangerous than the effects of other weapons of mass destruction. Despite these severe effects, there is no international convention explicitly prohibiting the use of depleted uranium weapon. Thus, the objectives of this study are to study the principles governing armed conflict from the perspective of international human rights law and international humanitarian law; to examine the characteristics and impacts of weapons of mass destruction; to study the characteristics and impacts of the depleted uranium weapon on humans and the environment; and to analyze the legal position of the use of depleted uranium weapon. At the same time, this study proposes appropriate recommendations in relations to the use of depleted uranium weapon. Using a qualitative method, this study adopted legal doctrinal research and applied face-to-face semi-structured interviews as well as through e-mail correspondences. Based on the findings, the use of depleted uranium weapons violates human rights because of its serious and continuous effects on the environment and especially its destructive effects on human life. Such weapons also violate the restrictions provided by the international humanitarian law on the use of weapons. Also, the use of depleted uranium weapon violates the provisions of the conventions relating to the weapons of mass destruction. In addition, the violation on the provision of the conventions is related to radioactive waste and hazardous materials. The use of depleted uranium weapons forms a violation of the international practice. This study proposes recommendations, specifically, for an international convention to explicitly ban the use of depleted uranium weapon. This includes any testing, developing, producing, transferring, storing, and possessing of this dangerous weapon which should also be banned. |
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