The Legality of the Continued Use of Depleted Uranium in Warfare by the United States of America
Posted: 10 Feb 2017
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The Legality of the Continued Use of Depleted Uranium in Warfare by the United States of America
Date Written: February 28, 2012
Abstract
There exists an ongoing debate regarding the legality of the continued use of munitions containing Depleted Uranium (DU). While there have been moratoriums placed upon its use by various members of the international community, widespread prohibition has not yet reached the level of international custom. While DU has been proven to be toxic in high doses, existing evidence suggests that the use of DU munitions will rarely reach levels that are unsafe. Because of this, it is unlikely that prohibitions on environmental modification enumerated within International Environmental Law or binding obligations currently in effect under International Human Rights Law would prohibit the continued use of DU. No existing legal instrument explicitly prohibits DU use and it is not legally appropriate to apply a comparison by analogy between DU and those weapons that are currently prohibited. Further, proposed alternatives to DU munitions are less effective and more toxic and therefore do not meet the thresholds of Military Necessity and Proportionality. There is the possibility that an argument exists under the Martens Clause: that DU containing weapons could be prohibited because they contrast starkly with public opinion, however, international juridical bodies do not generally enforce a prohibition on these grounds alone.
Keywords: Public International Law, International Human Rights Law, International Humanitarian Law
JEL Classification: K33
Suggested Citation: Suggested Citation