Indiscriminate Weapons Partial Ban Act 2023

Indiscriminate Weapons Partial Ban Act 2023
Federal Parliament of the Novella Islands
Long title Indiscriminate Weapons Stockpile Reduction, Satisfactory Upkeep, and Partial Prohibition on Usage Act 2023
Enacted by	Federal Parliament of the Novella Islands
Enacted	4 January 2023
Signed by	Dr. Lily Bligh, Director of the Office of Legislative Affairs
Signed	4 January 2023
Commenced	5 January 2023
Summary
To limit the circumstances in which indiscriminate weapons can be used, and to mandate provisions regarding upkeep and disarmament procedures.
Status: In force

Text of the act

Division 1. Preambulatory Materials

1. The full title shall be the Indiscriminate Weapons Stockpile Reduction, Satisfactory Upkeep, and Partial Prohibition on Usage Act 2023.

2. The short title shall be the Indiscriminate Weapons Partial Ban Act 2023.

3. The purpose of the act shall be to prohibit the use of indiscriminate weapons in all circumstances except where a direct threat is presented to the territorial security and sovereignty of the Novella Islands, or where there is a guarantee of absolutely zero civilian casualties. Further, the act shall set requirements for security and upkeep of existing indiscriminate weapons, and shall mandate the good-faith reduction in strategic stockpiles of indiscriminate weapons.

4. The act shall enter into force one day after its passing.

Division 2. Definition of an Indiscriminate Weapon

1. An indiscriminate weapon is defined as the military application of a technology that cannot be targeted to prevent inflicting damage on unintended targets, either civilian or military.

2. Given the above definitions, the following are to be considered indiscriminate weapons:

a. Nuclear weapons, including:

i. Devices that operate solely via fission (fission weapons).

ii. Devices that operate via both fission and fusion (thermonuclear weapons).

b. Radiological weapons, including:

i. Nuclear devices designed to create a high degree of fallout (salted nuclear weapons; cobalt bombs).

ii. Nuclear devices designed to detonate at or near the surface in order to generate high amounts of radiation and radioactive fallout (surface-blast nuclear weapons).

iii. Non-nuclear devices that are designed to disperse nuclear isotopes (dirty bombs).

c. Thermobaric weapons, including:

i. Devices that are designed to disperse a fuel mixture to be ignited to create variable pressure waves (vacuum bomb; fuel-air bomb).

d. Biological weapons, including:

i. Devices that are designed to disperse bacteria, viruses, insects, fungi or fungal spores, and any toxins secreted by those organisms, with the intent to cause harm to human life (direct biological weapons).

ii. Devices that are designed to disperse bacteria, viruses, insects, fungi or fungal spores, and any toxins secreted by those organisms, with the intent to cause harm to the food chain, nearby animals, or the environment (indirect biological weapons).

e. Chemical weapons, including:

i. Devices that are designed to disperse a chemical or mixture of chemicals, with the intent to cause harm to human life (direct chemical weapons).

ii. Devices that are designed to disperse a chemical or mixture of chemicals, with the intent to cause harm to the food chain, nearby animals, or the environment (indirect chemical weapons).

f. Conventional weapons, including:

i. The use of a large conventional explosive device that cannot be that cannot be individually targeted to prevent inflicting damage on unintended targets (large-yield bombs).

ii. The use of large quantities of smaller conventional weaponry that cannot be individually targeted to prevent inflicting damage on unintended targets (carpet bombing).

g. Any future technology that is developed, which fits any criteria under the above provision.

3. Notwithstanding the above provisions, any weapon that can be applied in such a manner that prevents inflicting any and all damage on unintended targets is not considered an indiscriminate weapon.

Division 3. Indiscriminate Weapons to be Used in the Following Circumstances

1. The application of indiscriminate weapons may only be used to achieve tactical or strategic military outcomes, that otherwise would not be achievable through use of conventional targetable weaponry.

2. The application of indiscriminate weapons may only be used in either one or both of the following situations:

a. When a military opponent presents a direct and imminent threat to the territorial security and sovereignty of the Novella Islands.

b. When absolutely zero civilian casualties and collateral damage can be guaranteed, including:

i. Direct casualties from the initial application of the indiscriminate weapon.

ii. Indirect casualties from the subsequent consequences of the initial application of the indiscriminate weapon.

3. Except as provided in the above provisions, the use of indiscriminate weapons is totally prohibited.

Division 4. Ongoing Requirements

1. The Novella Islands shall commit to entering into good-faith agreements with other nations and international bodies, in order to:

a. Advocate for the restriction of use of indiscriminate weapons, with the goal of total global prohibition.

b. Advocate for the reduction of global stockpiles of indiscriminate weapons, with the goal of total global disarmament.

2. The Novella Islands shall commit to maintaining the smallest possible stockpiles of indiscriminate weapons that is tactically and strategically necessary.

3. The Novella Islands shall commit to reducing its stockpiles of indiscriminate weapons, where its current stockpiles are in excess of that which is tactically and strategically necessary.

4. The Novella Islands shall commit to the acceptable maintenance and security of its stockpile of indiscriminate weapons, and their manufacturing facilities, in order to:

a. Ensure these indiscriminate weapons are not applied in circumstances prohibited by the above provisions.

b. Ensure these indiscriminate weapons are not transferred intentionally or inadvertently to the possession of a third party.

c. Ensure further indiscriminate weapons are not produced in violation of the above provisions.