Practice question
A party accepts that Hague Article23(a) applies and that its proposed means constitutes poison. It argues a projected military benefit is itself an unwritten exception. No separate applicable rule supplies such an exception. Which is correct?
- The express prohibition is not displaced merely by the claimed benefit
- Any benefit repeals the paragraph
- Only the party’s internal vote determines legality
- The prohibition applies only when the method is ineffective
- A useful prohibited means becomes lawful by definition
Legal references
- Geneva ConventionIV Article53: https://ihl-databases.icrc.org/en/ihl-treaties/gciv-1949/article-53
- 1907 Hague Regulations Article23: https://ihl-databases.icrc.org/en/ihl-treaties/hague-conv-iv-1907/regulations-art-23 Article23(a),(d).
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