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include: 3596.14.1.2 Examples of Incendiary Weapons. Examples of incendiary weapons• flame throwers; 360• fougasse; 361 and• shells, rockets, grenades, mines, bombs, and other containers of incendiary substances,such as napalm and thermite. 3626.14.1.3 Excluded From the Definition of Incendiary Weapons – Weapons WithIncidental Incendiary Effects. Incendiary weapons do not include munitions that may haveincidental incendiary effects, such as illuminants, tracers, or smoke or signaling systems. 363For example, white phosphorous is a munition that contains fragments of whitephosphorous. It is intended primarily for marking or illuminating a target or masking friendlyforce movement by creating smoke.Similarly, tracer rounds are not incendiary weapons as they are designed to enable agunner to direct his or her rounds onto a target rather than to set fire to objects.359 CCW PROTOCOL III ON INCENDIARY WEAPONS art. 1(a) (“Incendiary weapons can take the form of, for example,flame throwers, fougasses, shells, rockets, grenades, mines, bombs and other containers of incendiary substances.”).360 See also International Committee of the Red Cross, Conference of Government Experts on the Use of CertainConventional Weapons (Lucerne, 24.9—18.10.1974): Report, 69-70 (1975) (“Experts referred to three differenttypes of flamethrower: portable, mechanized and emplaced. Emplaced flamethrowers, and such things as flamefougasses and incendiary landmines, find their principal application in perimeter defence, both of fixed and oftemporary positions. … Portable and mechanized flamethrowers were seen to have several applications of which thetwo most important were the attack on pillboxes, and other such strongpoints, and the burning away of vegetationfrom positions suspected of concealing enemy units.”).361 For example, DEPARTMENT OF THE ARMY FIELD MANUAL 3-11 / MARINE CORPS WARFIGHTING PUBLICATION 3-3.7.2, Flame, Riot Control Agents and Herbicide Operations (Aug. 19, 1996) (“The flame fougasse is a variation ofan exploding FFE [flame field expedient] in which the flame is projected by explosive means over a preselectedarea. An excellent defensive weapon, the fougasse can also provide illumination as well as produce casualties. OnDefensive Line Wyoming, during the Korean Conflict, elements of the 1st Cavalry Division emplaced 1,000 drumsof FFEs in front of fighting positions. The drums were set in the ground at a 45-degree angle with the openingtoward the enemy. Two examples of flame fougasses are the propellant charge container and the 55-galloncontainer.”).362 W. Hays Parks, The Protocol on Incendiary Weapons, 30 INTERNATIONAL REVIEW OF THE RED CROSS 543-44(Nov.-Dec. 1990) (“Thermite weapons, which contain a mixture of powdered ferric oxide and powdered or granularaluminium, are antimateriel and fire-sustaining. Thermite bombs, which burn at temperatures of about 2,400degrees Centigrade, were the primary antimateriel incendiaries used by air forces of both sides in World Wars I andII. A later version contained barium nitrate and is called thermate, while a more recent variant is triethylaluminium(TEA). There has been little use of thermite-type bombs since 1945, in part because there have been few aircampaigns directed against industrial targets.”).363 CCW PROTOCOL III ON INCENDIARY WEAPONS art. 1(b) (“Incendiary weapons do not include: (i) Munitionswhich may have incidental incendiary effects, such as illuminants, tracers, smoke or signalling systems;”).383

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