Autore
Seminara, LetiziaTitolo
La manipulation electronique du corps humain en droit international ou noli me tangerePeriodico
Ordine internazionale e diritti umaniAnno:
2016 - Fascicolo:
2 - Pagina iniziale:
345 - Pagina finale:
364THE ELECTRONIC MANIPULATION OF HUMAN BODY IN INTERNATIONAL LAW
OR NOLI ME TANGERE
New technologies certainly imply new questions to law. In particular, the recent
invention of weapons that have the capacity to manipulate the human body from remote
positions creates a number of problems under international law. Despite some consider
that the use of these weapons is not forbidden by current norms of international law, this
paper aims to show that, on the contrary, the electronic or electromagnetic manipulation of
human body without the consent of the involved person is already prohibited in
international law. The utilization of this kind of weapons in times of peace and the effects
they may deploy on human body and personality, are not only banned by the general
principles of international law, but also by other international norms that guarantee the
rights of human beings, which come into play against the effects of these weapons. This
prohibition is actually founded on several sources of international law. While the first part
of the present work addresses the prohibition by the international principles of law,
including the deep-rooted principle of inviolability of the human body, the second part
deals with the prohibition by conventional international law, which covers the more recent
human rights treaties’ norms. Although it could be maintained that a specific international
treaty forbidding the manipulation of human body by these weapons is auspicable, this
study concludes on the importance for the public of its conscience that the use of these
weapons and the effects they produce on human body are already contemplated by
international law and that the norms that envisage the matter go in the sense of a general
prohibition.
SICI: 2284-3531(2016)2<345:LMEDCH>2.0.ZU;2-N
Testo completo:
http://www.rivistaoidu.net/sites/default/files/7_Seminara.pdfEsportazione dati in Refworks (solo per utenti abilitati)
Record salvabile in Zotero