Section I Means of warfare

Missiles and other projectiles

78.1 The formulation of this paragraph gave rise to severe controversy between those who believed that specific rules should be developed with regard to weapons with over-the-horizon (OTH) and beyond-visual-range (BVR) capabilities and those who believed that such specific rules were not necessary in the light of the general principles applicable to naval warfare, in particular, existing provisions regarding precautions in attacks. The controversy centred around the question whether the use of such missiles and other projectiles should be restricted specifically within the framework of this document, inter alia, by formulating obligations with regard to technical target acquisition systems and with regard to self-destruct mechanisms. Lengthy discussions were held regarding the technical aspects of the use of such weapon systems and whether appropriate formulae could be found to establish the obligation to conform to the general and detailed rules regarding target discrimination. In terms of the technology used it was argued that ideally spatial separation between military objectives and objects exempt from attack would effectively ensure the protection of the latter. This aspect, however, is dealt with under paragraphs 105–108 below.

78.2 The absence of a paragraph regarding a mandatory self-destruct device on missiles or a prohibition of means normally characterised as fire-and-forget weapons follows from the fact that participants felt that the speed at which these weapons travel does not allow for reconsideration of a decision by a commanding officer once the launch is executed.