lasers are lawful as non-lethal weapons.

by:EME LIGHTING     2020-03-16
Soldiers deployed often face the dilemma of how to bring vehicles close to checkpoints or convoy operations, especially at night, to avoid having to use lethal force.
Laser is a new means to achieve this goal.
For example, consider (LTG)
PeteChiarelli comments on the Ministry of Defense on May 19, 2006 (DOD)
Press conference: in the estimates of LTG Chiarelli, \"[lasers will]
It provides a very important addition to our assistance to Iraqis in avoiding situations where we have to use lethal force. \" (2)
At the request of soldiers on the ground, the General Office of the judges of International and operational law (OTJAG-IO)
Several comments were made regarding the use of a laser warning or deterrent vehicle or individual.
All of these opinions are in coordination with the Ministry of Defense\'s Working Group on war laws and are accepted by these delegates. (3)
Legal review requirements various regulations require a review of the legality of all weapons purchased to meet US military requirementsS. armedforces. (4)
The United States is one of the few countries that meet the requirements of Article 36 of the first additional protocol, which provides as follows: the purpose of the legal review is to ensure that the intended use of weapons, weapons systems or ammunition is consistent with customary international law and United States obligations under international law, including the laws of war treaties and arms control agreements to which the United States is a party.
The definition of \"weapon\" includes, \"[c]
Blood weapons and all conventional weapons, ammunition, instruments, devices or devices with the intended effect of harming, destroying or disabling enemy personnel, supplies or property. \" (6)
The definition of \"weapon system\" provides that \"the weapon itself and the components required for its operation, but is limited to components that have a direct injury or damage to an individual or property (
Including all ammunition such as projectiles, small arms, mines, explosives and all other devices that cause physical damage or damage). \" (7)Non-
Lethal weapons should also be reviewed to \"ensure consistency with the obligations of the United States\"S.
Under customary international law, in particular the law of war, the government undertakes all applicable treaties. \" (8)Non-
The Lethal Weapon \"is clearly designed and used primarily to render a person or material incapacitated while minimizing death, permanent injury and unwanted damage to property and the environment. \"(9)
Unlike conventional weapons
Lethal weapons \"are more deadly than massive physical destruction to stop the target from working. \" (10)
According to the Ministry of Defense Directive and the army regulations, the laser equipment and weapon systems for use in war zones have been reviewed recently according to the standards of Article 36.
Laser target indicator review: The first view is that the Beamshot 2000 and the Surefire laserNational Corps--Iraq (MNC-I)
OTJAG-requested
IO reviews the use of Beamshot 2000 and SurefireLasers as targeted or aimed devices that are used to suggest access to vehicles or individuals they are targeting.
Beamshot \"Greenbeam\" 2000 consists of a 3a-class laser of 532 nm (nm)
Green laser diodes installed on various weapon systems as aimed devices. It has a one-
The night range of the mile, which can be seen in broad daylight, has a dot size of 1.
75 inch yards 100
The red laser scene visible in Surefire L72 is also a Class 3a laser with a power of up to 5 milliwatts (mW)
The red light wavelength is 635 nm.
Both of these lasers are classified as \"eyes-
Safety \"is not intended to be used to\" dazzle \"or otherwise confuse the target individual. (11)The MNC-
I intend to authorize the use of a laser target indicator to warn people or vehicles close to them that they are the target. (12)
These lasers do not cause eye damage under standard conditions of use.
Under the condition of low brightness, it is directly exposed to the eye, and even instantly exposed to the eye pupil. It will appear very bright on the 3a continuous wave laser aiming device (e. g.
Dawn or evening).
Exposure events of this nature usually cause eye friction and worry about whether it will be hurt because the laser looks so bright.
This aversion, which includes head and eye movements, pupil contractions, and blink and squinting reactions, will limit exposure to any area of the retina and prevent eye injuries. (13)
Stare at the 3a laser for a long time and thoughtfully, in which all 5 megawatts enter through the pupil for about 5 seconds and may result in minimal retinal damage or maculophy (
Temporary spots or blurred vision).
In addition, direct, internal
Beam exposure of low-power laser (
Like Class 3a)
It looks bright and can destroy the visual effect, especially the visual effect.
Key tasks such as cockpit.
These are temporary effects at low
Due to the difference between the thelaser light and the ambient light, this effect can aggravate the light conditions. (14)
Analysis as long as the targeting devices are not used to make individuals affected by \"dazzling\", they will not be considered as weapons under the provisions of the military regulations (AR)27-53.
The \"dazzling\" effect refers to the temporary loss of ability of individuals due to flash and glare. (15)
A \"dazzling\" laser was designed for this purpose;
In contrast, the laser target indicator can only produce such a large effect by significantly extending the exposure time, which contradicts the standard conditions of use of the laser target indicator.
Compared to the 3a-level label of the laser target indicator, this strong use is reflected in the 3-level blabel of the \"dazzler\" laser. Paragraph 3(a)of AR 27-
53 define a weapon as a device that intentionally hurts, destroys or disables enemy personnel, supplies or property \". \" (16)
Again, non
The Lethalweapons directive defines non-lethal weapons as \"weapons that are clearly designed and primarily used to render persons or materials incapacitated \". \" (17)
Beamshot 2000 and the intended use of the guarantor, even taking into account the potential incidental effects or unnecessary consequences, do not comply with these definitions of the weapon and, therefore, there is no need for law under any set of instructions
Even if the laser target indicator is considered a weapon, the Blinding shot2000 and the Surefire laser are not prohibited by the Blinding laser protocol, Protocol IV of the 1980 Convention (CCW)
It prohibits laser weapons \"as one of its only combat functions or combat functions, being specifically designed to cause permanent blindness to unenhanced vision \". \" (18)
While the United States is a party to the Convention on Certain Conventional Weapons, it is not a party to Protocol IV. (19)The U. S.
Nevertheless, the government has imposed its own ban on the use or transfer of laser weapons \"specifically aimed at causing permanent blindness \". \" (20)
Neither of the above lasers is designed to cause permanent blindness and will not cause such damage during normal use.
Laser ler Laser review: xads pd/G-
105, MiniGreen, gbd iii, HELIOS and GHOST laser system OTJAG-
The IO reviewed is intended to be deployed by the rapid equipment force, a military unit set up by the army chief of staff to respond quickly to the needs of the field and to provide innovative or improved equipment for field soldiers.
The \"dazzling\" laser is designed to temporarily disorient individuals, including drivers close to vehicles, and prevent them from approaching the United States. S.
Army or coalition forces.
Because they intend to be employed as non-employees.
Deadly weapon, \"dazzling\" laser in Africa
Lethal weapon command(21)
As with the above comments on the laser target indicator, other military departments and the Ministry of Defense\'s Working Group on war law also reviewed their comments on the \"dazzler\" laser.
Description and tasks of xads pd/G
105, MiniGreen, gbd iii, HELIOS and GHOST weapon systems are 532 nm lasers used by soldiers at checkpoints as warning devices to determine the intent of the oncoming vehicle driver. (22)
All five systems are green laser devices that transmit limited force at a certain distance and do not cause damage.
They are an easy-to-transport means to temporarily blind or lose direction to groups or individuals.
These systems are designed to be used by operators with little or no technical background and can be used manually
Carriedor installed on an individual-and crew-served weapons. (23)
In most cases, only a few hours of training will be available to the new operators to qualify for the use of these weapons.
These weapons systems can be used as an alternative to lethal force, temporarily rendering an opponent incapacitated, confused, delayed or restrained in various circumstances.
They can be used as mobile barricades and devices for discretion or disorientation on inspection stations, or they can be installed or dismantled to patrol.
This laser can also be used to intercept vehicles.
Technology, tactics and procedures (T-FP\'s)
Proposals for the development of weapons systems are used in the following cases: * lethal force is not appropriate;
* Lethal force is reasonable and available for counter-attack
But lesserforce may overpower the aggressor;
* Lethal force is reasonable but may cause collateral effects such as injury to bystanders or damage to property and the environment;
Or, * on the grounds of unit SOP and/or rules of engagement. (24)
These weapon systems are intended to increase rather than replace the use of lethal weapons in a continuous body of force, designed to prevent and discourage civilian vehicles from invading designated areas or security zones established during the operation of the fleet and vehicle checkpoints. (25)
Asymmetric threats faced by deployed soldiers, including vehicles
Improvised explosive devices (VBIED\'s)Need a non
While deterring innocent vehicle drivers and determining the driver\'s intention within a safe distance, the standard, positive means to mitigate the threat.
These \"dazzling people\" will help prevent the deaths of innocent civilians, while providing soldiers with a response time to expand their range and destroy threatened vehicles.
Affect xads pd/G-
105, MiniGreen, gbd iii, HELIOS and GHOST are Class 3b lasers with sufficient power (
100, 75, 250, 465 and 120 MW, respectively)
Cause eye damage in a short range (
17, 18, 10, 8.
2 m, based on one 0. 25-
Second independent exposure)
And temporary vision lost or flash
Blind in a longer range.
The hazard classification of laser is based on the most stringent allowable exposure (MPE)calculated.
MPE of 0. 25-
The second unintentional exposure at 532 nm continuous wave laser is 2. 6m W/cm. (2)
To classify the laser, the emission limit that can be close (AEL)
Based on the laser wavelength and 0, it is calculated by multiplying the MPE by the area that limits the aperture. 25-
Duration of second exposure
The upper limit of Class 3b laser is 500 mW. (26)The output (or AEL)
In theXADS PD/g600, MiniGreen, gbd iii, HELIOS, and Ghost lasers are all below the [limit]
150 MW, 125 MW, 235 MW, 465 MW (
7 laser combinations together), and 120 mW (
Two combinations in four lasers), respectively].
All five weapons have a lost direction or flash
The blinding effect on the target person reaches at least 200 during the day and at least 370 at night.
These effects are temporary, at low
Due to the large difference between the laser and ambient light, this effect can aggravate the light conditions. (27)
These lasers do not cause eye damage under standard conditions of use.
Under the condition of low brightness, the eyes are instantly exposed directly, and even instantly exposed to the pupil of the eyes, and the 3b continuous wave laser will appear very bright (e. g.
Dawn or evening).
Exposure events of this nature are similar to laser target indicators, which usually cause eye friction and worry about whether they will be injured because the laser looks so bright.
Disgusted reactions including head and eye movements, pupil contractions, and blink and squinting reactions will limit exposure to any area of the retina and prevent eye injuries. (28)
Staring at the 3b laser for a long time and thoughtfully may cause retinal damage or maculophy, but the risk of immediate or permanent damage is small Beyond the nominal eye hazard distance (NOHD).
NOHD for enhanced vision (i. e.
Glasses, telescopes and night vision equipment)
Is116 m of xads pd/G-
105, 120 of MiniGreen, 69 of gbd iii, 95 of HELIOS, 56 of ghost. (29)
These restrictions are mainly based on the safety standards set by the National Institute of Standards, the national standard for the safe use of laser in the United States. (30)
The most likely damage caused by this wavelength of laser is photochemistry damage, resulting in cumulative damage to the retina.
However, existing studies have shown that the initial eye damage decreases over time during the healing process.
According to the scientific data accumulated during the testing of these systems and related systems in 2005, the standard conditions of use of these lasers do not cause permanent blindness to enhanced or unenhanced lasersEnhanced Vision. (31)
The main and expected effects of these systems are flash-
Dazzling and dazzling.
A theme will experience temporary tension.
His eyes were shining with a dazzling light
In addition, direct, internal
The beam exposed to the band looks bright and destroys the performance of the eye, especially the vision
Driving vehicles and other key tasks.
When used correctly, \"dazzled\" creates temporary loss of clear vision by affecting the central field of view, similar to other strong light sources such as bright photographic flash or the height of oncomingvehicleBeam headlights.
A person who does not enhance vision, if illuminated or dazzled by a laser, does not suffer permanent damage when working on the capabilities of these systems and the distance provided in the limitation file.
Individuals may experience some residual color images or visual deception that lasts for a few seconds.
In general, the damage effect will disappear quickly with a minimum recovery time of one second. (32)
In accordance with the armed conflict law considerations of the Ministry of Defense and military policy, whenever any weapon is reviewed, the following three armed conflict law issues must be resolved :(1)
Whether weapons cause unnecessary suffering is not proportional to the reasonable military advantage gained by the use of weapons; (2)
Can a weapon be controlled in a way that can target a legitimate target (i. e.
, In its effect is not no difference); and (3)
Whether there are specific legal rules or treaties prohibiting the use of weapons.
The main relevant treaty on the first issue is HagueConvention (IV)
Respect the laws and customs of the land war of October 18, 1907. (33)Article 23(e)
The regulations attached to it prohibit the use of \"weapons, projectiles or materials intended to cause unnecessary suffering \". \" (34)
No agreement was reached-
The definition of unnecessary pain.
Whether weapons or ammunition cause unnecessary suffering is by determining the damage to the combatants, including the damage, whether it is obvious to the United States as described in weapons or ammunitionS.
Air force expert, INSTR. 51-
402. Weapons Review (13 May 1994). (5)
12 The Additional Protocol to the Geneva Conventions, August, on the protection of victims of international conflicts.
36, June 8, 1125 United StatesN. T. S. 3 [
Below AP 1].
The United States signed the phase I Action Plan on December 12, 1977 and issued a statement;
However, the United States has not approved ap I and it is not possible to approve ap I because it has a disagreement with some of its terms in terms of the definition of legal combatants.
President Reagan\'s circular, the Second Additional Protocol to the 1949 Geneva Conventions, and the letter on the protection of victims of non-international conflictsTreaty Doe. No. 2, 100th Cong. , 1st Sess. , at III (1987).
However, the United States agrees that certain provisions of the API constitute a compilation of customary international law. See U. S.
Cumulative digest of American practice of international law, 1981-1988, at 3434-35 (1993).
S. Attitude towards this demanddates AP I.
The first DoD directive outlining this approach is dated 1974. See U. S.
DEP\'T classification of DOD directives. 5500.
15. Review of the legality of weapons under international law (16 Oct. 1974).
In addition, the United States has had infrequent discussions with the International Committee of the Red Cross and other countries to help them develop their own weapons review plans.
See also International Communications.
Red Cross, guidelines for legal review of new weapons, means and methods of warfare: measures to implement Article 36 of Additional Protocol 1977 (2006). (6)AR 27-
53, note 4 before, paragraph 1. 3. a. (7)Id. para. 3. b. (8)U. S.
Deere, Department of Defense3000.
3. Non-policy
Paragraph LETHALWEAPONS ). 5. 6. 2 (9 July 1996)[
Here is the catalogue of the Ministry of Defense. 3000. 3]. (9)Id. para. 3. 1. (10)Id. para. 3. 1. 1. (11)Dr.
Bruce card, director of USAMRD/MCMR detachment (the U. S.
Army Medical Research Team
Walter Reid institute of ArmyS.
Army agency responsible for laser safety research), providedan e-
Email detailing eye parameters-safe lasers (
Power below 5 mw).
According to the doctor
If exposed for a long time, no damage will be caused when exposed to these lasers (
About 5 seconds).
For a detailed description of the effect, see below. E-mail from Dr.
BruceStruck, director of the detachment, USAMRD/MCMR, author (5 Dec. 2005)(
Documents of the author). (12)
See the MoD press briefing with Lt. Gen.
Chiarelli 1 from Iraq.
On February 2006, U. S. Army Sergeant Brendan Woolworth tried the Beamshot2000 on a vehicle close to his Iraqi convoy.
\"He stopped by the side of the road and stopped,\" Woolworth said . \".
\"He received the message.
Looks like he just didn\'t pay attention.
\"James Reni, a safer weapon, at risk, L. A.
The Times, May 18, 2006, 1: 00. See also E-
Mail from MNCI operating LawAttorney, subject: Request for laser use (Dee. 2, 2005)(
Archive with author);
Memorandum of the land command of the coalition force, C3, theme: Laser traffic control on the route of the fleet (6 Nov. 2005)(
Archive with author). (13)Lund, et al.
Brief Visual Effects of Walter Reed Amir Institute in the United StatesS.
Army Medical Research Detachment, brooksford, Texas (1999). (14)Stamper, et al.
Human pupil and eyelid response to laser: Significance of protection in perception and motor skills 77582 (2002). (15)
The information in this article about lasers, their types, uses, and effects is usually obtained from: USS.
Military Center for Health Promotion and Preventive Medicine
Research number of ion gradient protection25-MC-04ZU-
06, laser radiation hazardevaluation B. E. MEYERS & CO. INC.
, Minigreen laserpointer/stun, model 532M (4-6 Apr. 2006)(DRAFT); U. S.
Military Center for Health Promotion and Preventive Medicine
Research Number of Radiation Protection25-MC-04Y7-
06. Evaluation of laser radiation hazards of handheld optical surveillance target laser system prototype (21-23 Mar. 2006)(DRAFT); U. S.
Military Center for Health Promotion and Preventive Medicine
Study on protection of ionization radiation25-MC-04G0-
06. The principle proves that the laser radiation hazard assessment of the laser alarm device--THE HELIOS (5 Dec. 2005); U. S.
Center for Health Promotion and Preventive Medicine, non-
Research number of ion gradient protection25-MC-04JS-
06, laser radiation hazardevaluation B. F. MEYERS & CO. INC.
GBDIII laser, green beam indicator ,(Nov. 2005); U. S.
Military Center for Health Promotion and Preventive Medicine
Study on protection of ionization radiation25-MC-04A1-
05, laser radiation hazard assessment of XTREMEALTERNATIVE Defense System Co. , Ltd. (XADS)
, Photon interference/Green (PD/G-105), (30 Aug. 2005). (16)AR 27-
53, note 4 before, paragraph 1. 3(a). (17)DOD DIR. 3000.
3, the first note 8, paragraph. 3. 1. (18)
See the art agreement W for blinding laser weapons.
1. Annex to the Convention on the prohibition or restriction of the use of certain conventional weapons that may be deemed to be excessively harmful or not to be classified, October. 13, 1995, 35 I. L. M. 1218 (1996)[
The following blinding laser protocol](
(The use or transfer of blinding laser weapons is prohibited).
The above-mentioned treaty is also referred to as the 1980 Convention on Conventional Weapons. (19)
The president submitted Protocol IV to the United States on January 7, 1997 for his comments and consent.
Protocol IV on Blinding Laser WeaponsTreaty Doc. 105-
1 session of 105 General Assembly (7 Jan. 1997).
When drafting Protocol IV, the parties to the Convention on Certain Conventional Weapons were not required to sign.
The Senate has yet to act. (20)
Memorandum of defense ministers, theme: laser blinding policy of the Ministry of Defense (17 Jan. 1997)[
S. Department of Defense policy. .
In fact, in order to comply with the agreement IV, several projects of a stronger \"blinding\" laser have been canceled.
See press release, United StatesS.
The Ministry of Defense announced a policy on blinding lasers (12Oct. 1995), (21)DOD DIR. 3000.
Dad, note 8. 5. 6. (22)See e. g.
Memorandum of the Ministry of Land and military affairs of the rapid equipment force, Subject: request for legal review, GBDIII laser system (Feb. 7,2006)(
Archive with author). (23)
Memorandum of the Marine Corps Operational Development Command, Subject: B concept of employmentE.
Meyers laser dazzling, model GBD-III C(undated).
Marine Corps is development Africa-lethal weapons. (24)Id. (25)
Speech, United StatesS.
Army rapid equipment units, laser weapons technology, tactics and procedures (18 Oct. 2005)(
Archive with author). (26)Id. . (27)Stamper, et al.
Note 14, see 775-82. (28)Lund, et al. Note 13 before. (29)
See the sources quoted in the previous note 25. (30)
S. National Standards Association, National standards for laser safety use, z136. 1-2000 (2000). (31)
See the sources cited in note 25 above;
Memorandum from the Department of Defense Force Transformation Office to the general counsel for the Ministry of Defense, subject matter: Complete-
Platform/sheriff;
Request for legal review (26Sept. 2005).
The data in this paragraph are mainly from the MOD memorandum and its supporting research on HELLOS systems and other green laser systems.
The data in the study has been expanded
Email discussion with Dr. Stuck of the U. S.
The army detachment in charge of laser safety, which is located in the same location as the Brooks Air Force Research Laboratory in Texas. E-mail from Dr.
Bruce Struck, director of the USAMRD/MCMIR team, to the author (
Archive with author).
In order to prevent the system from being misused, the opinion proposes to calculate the maximum exposure time for each device within the expected range and brief the operator. (32)
See William costnik and Peter Smith, flash blinding and glare modeling of light radiation (2003). (33)
See the Hague Convention
4. Respect the laws and customs of the land war, October.
18, 1907, 36 statistics. 2277, T. S.
539, reproduced in the United StatesS.
Pam, I\'m part of the Army. 27-
1. Treaty on land war (Dec. 1956). (34)Id. art. 23(e). (35)See, e. g.
Ap I, front Note 5, art. 35, 57. Article 35(2)
\"It is forbidden to use weapons, projectiles, materials and methods of war of nature to cause excess damage or unnecessary suffering. \" Id. art 35(2). (36)
The issue of law of armed conflict relating to legitimate objectives should be resolved at the time of employment and should be resolved by on-
According to the current situation, the site commander.
These issues do not determine the legitimacy of weapons.
Commanders authorized to use weapons should consider the character of weapons or ammunition in the presence of innocent civilians in order to ensure consistent and active participation in hostilities with the rules of engagement of the mission and the law of armed conflict, or who wouldn\'t pose a threat to America. S. forces. (37)DOD DIR. 3000.
3. Note 8, pare. 3. (38)Id. para. 4. (39)Id. (40)Id. (41)See, e. g.
, Ap I, note 5, art. 48. (42)
See id generally. arts. 48-52. (43)Id. art. 51. (44)
Blinding laser protocol, previous Note 17, art. 1. (45)
The Ministry of Defense\'s policy on blinding lasers, the previous note 19.
As recorded by W. , the Ministry of Defense Police laser weapons are the basis of Protocol IV.
Hays Park in DAJA
IO legal memorandum: Protocol on Blinding Laser Weapons, preparation of army law and legal analysis.
At33-June 1997-41. (46)
See the park, note 45 in front. Mr. Richard B.
Special assistant to law for war affairs in Jackson, Attorney General Roslyn, Office of International and Business Law Division, Mr. Virginia
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