Weapon
(1) (ff) “Weapon” means a means of warfare used in combat operations, including a gun, missile, bomb or other munitions, that is capable of causing either (i) injury to, or death of, persons; or (ii) damage to, or destruction of, objects.
[Commentary]
- The essence of a weapon is that it is an object used to cause (i) death of, or injury to, persons; or (ii) damage to, or destruction, of objects. However, such death, injury, damage or destruction need not result from physical impact — e.g., the penetration of a bullet or even the blast effects of a bomb — since the force used does not need to be kinetic. In particular, CNA hardware, software and codes are weapons that can cause such effects through transmission of data streams. As an example, a CNA (see Rule 1 (m)) on an air traffic control system can result in aircraft crashes so that the equipment and computer codes employed would qualify as weapons (or more precisely, a weapon system).
- Weapons often constitute part of a weapon system (see paragraph 2 of the Commentary on Rule 1 (t)). A weapon system consists of one or more weapons with all related equipment, materials, services, and means of delivery and deployment (if applicable) required for self-sufficiency. A military aircraft armed with missiles and bombs (weapons) is a weapons system that includes, inter alia, the weapons, aircraft, and any systems commanding and controlling the aircraft or providing it data. Similarly, a warship armed with offensive and/or defensive weapons, such as those providing air defence capabilities, will be a weapon system. It must always be borne in mind that some weapon systems, like warships and military aircraft, are manned and/or operated by personnel.
- “Means of warfare” is a broader concept than weapon, for it extends also to platforms and equipment which make possible an attack. For the definition of means of warfare, see Rule 1 (t). As an example, AWACS carry no weapons, but are means of warfare used to facilitate, direct and control air-to-air combat. Similarly, the unarmed Joint Surveillance Target Attack Radar System is an airborne battle management, command and control, intelligence, surveillance and reconnaissance platform designed to provide, in part, information used in attacks conducted against ground forces, either from the air or ground.
- By contrast, munitions (or ammunition) is a narrower concept than “weapon” and refers to the object that actually causes the injury, death, damage or destruction. Some weapons are munitions in themselves, as in the case of a bomb or missile which is carried aboard an aircraft. However, the term weapon also includes the integral equipment directly necessary to cause the force which launches the ammunition or munitions. Thus, anti-aircraft artillery (a weapon which is not a munition) fire anti-aircraft shells (munitions which are also weapons). For the purpose of this Manual, the term weapon includes munitions.
- While it is true that almost any object can constitute a weapon in particular circumstances (for instance, a hijacked civilian airliner used to mount a suicide attack), as used in this Manual, the term weapon refers to those objects which are designed to be used as a means of attack.
Categories: Section A: Definitions
