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19.21.5 CCW Protocol IV on Blinding Laser Weapons. CCW Protocol IV on BlindingLaser Weapons prohibits the use of blinding laser weapons and requires that feasible precautionsbe taken in the employment of laser systems to avoid causing permanent blindness. 259States Parties to the CCW adopted CCW Protocol IV on Blinding Laser Weapons at thefirst Review Conference of CCW States Parties, which concluded its work on May 3, 1996. 260This Protocol was consistent with DoD policy on blinding lasers before the Protocol wasadopted. 261The United States provided notification of its consent to be bound by CCW Protocol IVon Blinding Laser Weapons on January 21, 2009, with an understanding. 262U.S. legal reviews before CCW Protocol IV was adopted concluded that the use of a laserfor the purpose of blinding an enemy combatant would not constitute unnecessary sufferingunder the law of war. 263 Similarly, the restrictions in CCW Protocol IV on Blinding LaserWeapons may be characterized as arms control obligations in that these restrictions do notestablish that the use of lasers as anti-personnel weapons, including for the purpose of blinding,258 United States, Statement on Consent to Be Bound by CCW Protocol III on Incendiary Weapons, Jan. 21, 2009,2562 UNTS 36, 37 (“It is the understanding of the United States of America that any decision by any militarycommander, military personnel, or any other person responsible for planning, authorizing or executing militaryaction shall only be judged on the basis of that person’s assessment of the information reasonably available to theperson at the time the person planned, authorized, or executed the action under review, and shall not be judged onthe basis of information that comes to light after the action under review was taken.”). Refer to § 6.14.3.2 (U.S.Reservation to CCW Protocol III on Incendiary Weapons).259 Refer to § 6.15 (Laser Weapons).260 Additional Protocol to the Convention on Prohibitions or Restrictions on the Use of Certain ConventionalWeapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (Protocol IV, entitledProtocol on Blinding Laser Weapons), Oct. 13, 1995, 2024 UNTS 163.261 William J. Perry, Secretary of Defense, DOD Policy on Blinding Lasers, Jan. 17, 1997 (amending policystatement of Aug. 29, 1995) (“The Department of Defense prohibits the use of lasers specifically designed to causepermanent blindness and supports negotiations to prohibit the use of such weapons. However, laser systems areabsolutely vital to our modern military. Among other things, they are currently used for detection, targeting, rangefinding,communications and target destruction. They provide a critical technological edge to U.S. forces and allowour forces to fight, win and survive on an increasingly lethal battlefield. In addition, lasers provide significanthumanitarian benefits. They allow weapon systems to be increasingly discriminate, thereby reducing collateraldamage to civilian lives and property. The Department of Defense recognizes that accidental or incidental eyeinjuries may occur on the battlefield as the result of the use of lasers not specifically designed to cause permanentblindness. Therefore, we continue to strive, through training and doctrine, to minimize these injuries.”).262 United States, Statement on Consent to Be Bound to CCW Protocol IV on Blinding Laser Weapons, Jan. 21,2009, 2562 UNTS 38 (“It is the understanding of the United States of America with respect to Article 2 that anydecision by any military commander, military personnel, or any other person responsible for planning, authorizingor executing military action shall only be judged on the basis of that person’s assessment of the informationreasonably available to the person at the time the person planned, authorized or executed the action under review,and shall not be judged on the basis of information that comes to light after the action under review was taken.”).263 Major General Hugh R. Overholt, The Judge Advocate General, Army, Memorandum of Law: Use of Lasers asAntipersonnel Weapons, 7, Sept. 29, 1988, reprinted in THE ARMY LAWYER 3, 4 (Nov. 1988) (“The fundamentalissue with which this review is concerned is whether the use of a laser for the purpose of blinding an enemy soldierwould constitute unnecessary suffering. The conclusion is that it would not.”).1170