Protocol on Blinding Laser Weapons: Difference between revisions

{{Use dmy dates|date=OctoberDecember 20132023}}

The '''Protocol on Blinding Laser Weapons''', Protocol IV of the 1980 [[Convention on Certain Conventional Weapons]], was issued by the United Nations on 13 October 1995.<ref name="UNTreatyInfo" /> It came into force on 30 July 1998.<ref name="UNTreatyInfo">{{cite web |date=12 Nov 2021 |title=2 .a Additional Protocol to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (Protocol IV, entitled Protocol on Blinding Laser Weapons) |url=https://treaties.ununoda.org/pagest/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVI-2-a&chapter=26&lang=enccwc_p4 |website=United Nations Treaty Collection |accessdate=4 July 2014|date=7 Apr 2014}}</ref> As of Maythe end of April 20152018, the protocol had been agreed to by 105109 statesnations.<ref name="UNTreatyInfo" />

The [[Convention on Certain Conventional Weapons]] and three annexed protocols were adopted on 10 October 1980 and opened for signature on 10 April 1981.<ref name="ICRCProtocolInfo">{{cite web |title=Protocol on Blinding Laser Weapons (Protocol IV to the 1980 Convention), 13 October 1995 |url=http://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?action=openDocument&documentId=70D9427BB965B7CEC12563FB0061CFB2 |website=International Committee of the Red Cross |accessdate=4 July 2014 }}</ref> In 1986, Sweden and Switzerland pushed for the Blinding Laser Protocol.<ref name="ICRC1995Announcement" /> During 1989–91, the [[International Committee of the Red Cross]] (ICRC) held four international meetings of experts on the topic and in 1993 published ''Blinding Weapons''.<ref name="ICRC1995Announcement" />

It is prohibited to employ [[laser]] weapons specifically designed, as their sole combat function or as one of their combat functions, to cause permanent blindness to unenhanced [[Visual perception|vision]], that is to the [[naked eye]] or to the eye with corrective [[Corrective lens|corrective eyesight]] devices]]. The High Contracting Parties shall not transfer such [[weapon]]s to any State or non-State entity.

Blinding as an incidental or collateral effect of the legitimate military employment of laser systems, including laser systems used against [[optical equipment]], is not covered by the prohibition of this [[Treaty#Protocols|Protocol]].

ICRC welcomed the ban on blinding lasers as "a significant breakthrough in international humanitarian law," adding:<ref name="ICRC1995Announcement">{{cite web |title=Vienna Diplomatic Conference Achieves New Prohibition on Blinding Laser Weapons and Deadlock on Landmines |url=http://www.icrc.org/eng/resources/documents/misc/57jmlc.htm |website=International Committee of the Red Cross |accessdate=4 July 2014 |date=13 Oct 1995 }}</ref>

{{quoteblockquote|The prohibition, in advance, of the use of an abhorrent new weapon the production and proliferation of which appeared imminent is an historic step for humanity. It represents the first time since 1868, when the use of exploding bullets [[Saint Petersburg Declaration of 1868|was banned]], that a weapon of military interest has been banned before its use on the battlefield and before a stream of victims gave visible proof of its tragic effects.}}

This was also the first international agreement regulating use of lasers during war.<ref name="CarnahanRobertson1996" /> (Use of lasers during peace had been previously mentioned in Article IV of the US-Soviet Union [[wikisource:Prevention of Dangerous Military Activities Agreement|Prevention of Dangerous Military Activities Agreement]] of 1989.)<ref name="CarnahanRobertson1996">{{cite journal |author1first1=Burrus M. |last1=Carnahan |author2first2=Marjorie |last2=Robertson |title=The Protocol on "Blinding Laser Weapons": A New Direction for International Humanitarian Law |journal=The American Journal of International Law |date=Jul 1996 |volume=90 |issue=3 |pages=484–490 |doi=10.2307/2204074 |jstor=2204074 |s2cid=147660010 }}</ref>

The Protocol does not prohibit attacks against binoculars, periscopes, telescopes, and other optical equipment because it was unknown whether laser attacks on such devices could cause permanent blindness.<ref name="CarnahanRobertson1996" /> Article 3 allows for attacks on electronic optical equipment, because damaging it would not cause human injury.<ref name="CarnahanRobertson1996" />

[[Ophthalmologist]] John Marshall argues that despite the Protocol's ban, countries continue to develop and use "[[Laser rangefinder|rangefinders]], target illuminators, and anti-sensor systems" that "are still effectively antipersonnel laser weapons" because these technologies have the potential to be employed against people in addition to their intended uses. For example, "a laser system that will [[Dazzler (weapon)|dazzle]] at one mile{{convert|1|mi|km|round=0.5|disp=sqbr}} away may permanently blind at closer range."<ref name="Marshall1997">{{cite journal |last1=Marshall |first1=John |title=Blinding Laser Weapons: Still Available on the Battlefield |journal=BMJ: British Medical Journal |date=29 Nov 1997 |volume=315 |issue=7120 |page=1392 |doi=10.1136/bmj.315.7120.1392 |pmc=2127879 |pmid=9418079 }}</ref> The only way to prevent all possible eye injuries by combat lasers would be to ban such lasers,{{citation needed|date=October 2015}} but the countries negotiating the Protocol saw this as neither feasible militarily nor even desirable from a humanitarian standpoint because target-marking and rangefinding lasers are important for keeping munitions on target and away from civilians.<ref name="CarnahanRobertson1996" />

*[http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVI-2-a&chapter=26&lang=en Ratifications] {{Webarchive|url=https://web.archive.org/web/20131017164549/http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVI-2-a&chapter=26&lang=en |date=17 October 2013 }}

[[Category:Non-lethal weapons|Protocol]]

[[Category:Energy weapons|Protocol]]

[[Category:Military lasers|Protocol]]

[[Category:Treaties ofextended Guinea-Bissauto the Caribbean Netherlands]]