10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

6.14.1.4 Excluded From the Definition of Incendiary Weapons – CertainCombined-Effects Munitions. Certain combined-effects munitions are excluded from thedefinition of incendiary weapons. These munitions are designed to combine penetration, blast,or fragmentation effects with an additional incendiary effect, in which the incendiary effect is notspecifically designed to cause burn injury to persons, but to be used against objects that aremilitary objectives, such as armored vehicles, aircraft, and installations or facilities. Suchweapons may include armor-piercing projectiles, fragmentation shells, explosive bombs, andsimilar combined-effects munitions. 3646.14.2 Use of Incendiary Weapons Is Permissible. Although subject to certain specificrestrictions described in § 6.14.3 (Restrictions on the Use of Incendiary Weapons), the use ofincendiary weapons, including anti-personnel use, is not prohibited.6.14.2.1 Use of Non-Incendiary Weapons to Set Fire to Objects or Cause BurnInjury to Persons. The use of non-incendiary weapons to set fire to objects or to cause burninjury is technically not subject to the additional restrictions described in § 6.14.3 (Restrictionson the Use of Incendiary Weapons). For example, white phosphorus may be used as an antipersonnelweapon. 365 However, such use must comply with the general rules for the conduct ofhostilities, including the principles of discrimination and proportionality. 366 In addition, feasibleprecautions to reduce the risk of harm to civilians must be taken. 367As a practical matter, however, it may be more effective to attack enemy combatantsthrough other means, rather than seeking to cause them burn injury. 3686.14.3 Restrictions on the Use of Incendiary Weapons. As with other weapons, it isprohibited to make the civilian population as such, individual civilians, or civilian objects the364 CCW PROTOCOL III ON INCENDIARY WEAPONS art. 1(b) (“Incendiary weapons do not include: … (ii) Munitionsdesigned to combine penetration, blast or fragmentation effects with an additional incendiary effect, such as armourpiercingprojectiles, fragmentation shells, explosive bombs and similar combined-effects munitions in which theincendiary effect is not specifically designed to cause burn injury to persons, but to be used against militaryobjectives, such as armoured vehicles, aircraft and installations or facilities.”).365 For example, Captain James T. Cobb, First Lieutenant Christopher A. LaCour, and Sergeant First Class WilliamH. Hight, After-Action Review (AAR) for the Battle of Fallujah, 9b, reprinted in FIELD ARTILLERY 23, 26 (Mar.-Apr. 2005) (“White Phosphorous [WP]. WP proved to be an effective and versatile munition. We used it forscreening missions at two breeches and, later in the fight, as a potent psychological weapon against the insurgents intrench lines and spider holes when we could not get effects on them with HE [High Explosive]. We fired ‘shake andbake’ missions at the insurgents, using WP to flush them out and HE to take them out.”).366 Refer to § 5.6 (Discrimination in Conducting Attacks); § 5.12 (Proportionality in Conducting Attacks).367 Refer to § 5.11 (Feasible Precautions in Conducting Attacks to Reduce the Risk of Harm to Protected Persons andObjects).368 For example, Peter Pace, Chairman of the Joint Chiefs of Staff, News Briefing with Secretary of Defense DonaldRumsfeld and Gen. Peter Pace, Nov. 29, 2005 (“No armed force in the world goes to greater effort than your armedforce to protect civilians and to be very precise in the way we apply our power. A bullet goes through skin evenfaster than white phosphorus does. So I would rather have the proper instrument applied at the proper time asprecisely as possible to get the job done in a way that kills as many of the bad guys as possible and does as littlecollateral damage as possible. That is just the nature of warfare.”).384

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!