August 23, 2011
Strengthening the Humanitarian Protections of Incendiary Weapons Treaty
Posted by Bonnie Docherty
In the latest step of our push for stronger international law on incendiary weapons, the International Human Rights Clinic and Human Rights Watch (HRW) released recommendations yesterday for amending an existing protocol on the weapons.
The new paper calls on states parties to the Convention on Conventional Weapons (CCW) to close several loopholes in CCW’s Protocol III. The paper recommends broadening the definition of “incendiary weapon” to cover all munitions with incendiary effects, including white phosphorus. It also argues that while an absolute ban would have the greatest humanitarian impact, countries should at least prohibit the use of incendiary weapons in populated areas and consider outlawing use against people, whether civilian or soldier.
In earlier papers, the Clinic and HRW outlined the shortcomings of Protocol III and described the humanitarian suffering produced by incendiary weapons. Incendiary weapons cause cruel, conscience-shocking injuries such as severe burns, asphyxiation, disfigurement, and psychological trauma, as well as death.
Joanne Box, LLM ’11, Alan Cliff, JD ’11, and Joe Phillips, JD ’12, helped develop the team’s recommendations and drafted the paper being distributed at a conference of CCW states parties in Geneva this week.