The trauma of the attack, the painful treatment that follows, and appearance-changing scars lead to psychological harm and social exclusion. See also, 1936 Preliminary Report of the Work of the Conference, stating that the use of chemical, incendiary, or bacteriological weapons against any State or in any war whatever its character, is prohibited, while reserving the right of reprisal. Chapter 30 - Incendiary Weapons (Rules 84-85) Certain incendiary substances, like white phosphorous, cannot easily be extinguished and present particular problems of treatment. In earlier papers, the Clinic and HRW outlined the shortcomings of Protocol III and described the humanitarian suffering produced by incendiary weapons. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere. 6 and 8. Incendiary weapons inflict excruciating burns, sometimes to the bone, and can cause respiratory damage, infection, shock, and organ damage. During the Cold War period, incendiary weapons were widely used in Algeria, Cambodia, Indo-China, Korea, the Sinai, Vietnam and elsewhere.See, e.g. A Molotov cocktail is a home-made incendiary bomb Incendiary devices or incendiary bombs are bombs. by the USA and the Taliban in Afghanistan. The term fougasse describes a variety of devices that are usually buried in the ground, are set off from a distance and project debris or flame in the direction of an enemy. UNODA Treaties database. Tag: Incendiary Weapons | Human Rights @ Harvard Law Flamethrowers, widely used in the first and second world war and in the Korea and Vietnam wars, have not been in the US arsenal since 1978. The CCW has five separate protocols that, in order, encompass weapons with fragments undetectable by x-rays; landmines and booby traps; incendiary weapons; blinding lasers; and explosive remnants of war. 1 (guaranteeing the peaceful enjoyment of ones possessions).ECtHR, Ayubov v. Russia, Judgment (Merits and Just Satisfaction), 12 February 2009, 11, 1015. The new paper calls on states parties to the Convention on Conventional Weapons (CCW) to close several loopholes in CCWs Protocol III. White phosphorous particles projected by an explosive weapon can penetrate deep into soft tissue. The only US policy guidance is found in paragraph 36 of FM 27-10 which warns that they should "not be used in such a way as to cause . Incendiary weapons | Weapons Law Encyclopedia Nevertheless, due to the severe humanitarian risks associated with the deployment of incendiary weapons their use is limited to clearly defined military targets by [] Survivors can suffer long-term respiratory problems from the effects of carbon monoxide poisoning. The spread of fire is difficult to predict and contain. Incendiary weapons cause cruel, conscience-shocking injuries such as severe burns, asphyxiation, disfigurement, and psychological trauma, as well as death. Extensive destruction of homes, productive assets, food stocks, and public infrastructure following use of incendiary weapons can have wide-spread and long-lasting impacts on the well-being and survival of populations beyond those directly affected. If white phosphorus enters the bloodstream it can cause multiple organ failure. Napalm, widely used during the Vietnam War, is the most well-known incendiary substance. 3. 6. E/CN.4/SUB.2/RES/1997/36 (1997) and. During the 1970s, there was growing interest in addressing harm from the use of certain conventional weapons, most notably napalm and other incendiary weapons. by Palestinian armed groups in Israel (2011). The use of the incendiary substance on civilians is forbidden by a 1980 UN treaty. Certain incendiary substances are toxic. Use of incendiary weapons in the conduct of hostilities, including weapons with incendiary effects that fall outside of the scope of CCW Protocol III, is governed by the general rules of international humanitarian law, particularly the prohibition on the use of means or methods of combat that are of a nature to cause superfluous injury or unnecessary suffering, and rules relating to the protection of civilians from the effects of hostilities, including the prohibition on indiscriminate attack. UN doc. Incendiary weapons are weapons or munitions designed to set fire to objects or cause burn or respiratory injury to people through the action of flame, heat, or combination thereof, resulting from . Incendiary weapons and munitions work by using the chemical reaction of a flammable substance to produce intense heat and fires that resist all efforts to put them out. (Article 2(3)) The first sentence echoes the prohibition under general IHL on area bombardment. [2][3] . Severe burn injuries are extremely painful and require immediate, specialized and intensive medical care. The launching of incendiary weapons from the ground or from the sea into an area in which there is a concentration of civilians is, hence, not prohibited. (Article 1(2)). D. 157 (Corrigendum), Art. See ICRC, Practice in relation to Rule 70. The container is cigar-shaped and lightweight, made of aluminium. It is Protocol III to the 1980 Convention on Certain Conventional Weapons. Although customary IHL does not provide absolute protection to combatants from the use of incendiary weapons, in the opinion of the ICRC, it requires states to assess whether a less harmful weapon can be used, and that incendiary weapons, including flame throwers, should not be used against persons, or only under certain conditions, such as when they are under armoured protection or in field fortifications.See, 'Phosphorous weapons- the ICRC's view', Interview with P. Herby, 17 January 2009; ICRC, Customary IHL Study, 2005, Practice in relation to Rule 85. Open Letter on Incendiary Weapons - HUMANITARIAN DISARMAMENT Since then, incendiary weapons have allegedly been used, albeit on a smaller scale, by several states and non-state actors, including within concentrations of civilians, for instance: Incendiary weapons can be portable or mechanized, and they can be used with different weapon platforms. 1, 1973; SIPRI. The resources necessary to effectively treat severe burn injury are rare in many countries and likely to be inaccessible in times of armed conflict. Concern about compliance with these rules of IHL arises, notably, when an incendiary substance is spread across a wide area (as in the case of air-burst incendiary mortar or artillery shells or air-dropped incendiary bombs) and due to fires ignited by the use of an incendiary weapon. Article 2 comprehensively prohibits the use of air-dropped incendiary weapons in concentrations of civilians, but it allows the use of ground-launched incendiary weapons in concentrations of civilians when the military target is clearly separated from the concentration of civilians and all feasible precautions are taken to limit the incendiary effects and minimize injury or loss of life to civilians. The laws of war allow for the use of incendiary weapons against military targets, Protocol. 2(2) and 2(3). Incendiary weapons are governed by Protocol III to the 1980 Convention on Conventional Weapons (CCW). In the case of case of Ayubov v. Russia, the applicant complained about the destruction of his property, a house and two cars, by armed men in camouflage uniforms using a flame-thrower. November 7, 2022Rethinking Slavery and Freedom in Islamic Law. It entered into force on 5 March 1970 but was suspended indefinitely in 1995. The 1980 Conventional Weapons Convention (CCW), also known as the Inhumane Weapons Convention, is an umbrella convention containing general provisions. As the incendiary component can penetrate within targets, they can be used to drive out enemy soldiers from defensive positions.They can also be used to burn down vegetation providing cover for enemy forces.The greatest advantage of the flamethrower is it ability to penetrate small openings and fill fortified positions with both fire and smoke. The second sentence reflects precautionary obligations under IHL with respect to the choice of means and methods of attack.See 1977 Additional Protocol I, Arts. 1(2). The German army added flamethrowers to its arsenal in the 191418 War and by the end of the 1930s, hand-held and vehicle-mounted flamethrowers were in widespread military use on all sides. Art. It can also be used to create smokescreens, through shells, bombs, or grenades. Incendiary Munitions and the Laws and Customs of War on Land Incendiaries, to include napalm, flame-throwers, tracer rounds, and white phosphorous, are not illegal per se or illegal by treaty.. Protocol III prohibits the use of air-dropped incendiary weapons in populated areas but allows the use of ground-delivered models in certain circumstances. Are incendiary grenades real? Explained by FAQ Blog In Syria, Human Rights Watch documented over 120 incidents involving incendiary weapons from 2012 to 2018 by the Syrian-Russian military alliance, which took place in six governorates: Aleppo, Damascus, Damascus Countryside, Daraa, Hama, and Idlib. Thus, the enemy either burns or asphyxiates due to the lack of oxygen available to breath. 384 rounds of submachine gun ammunition (each MP-40 gunner carried 6 magazines of 32 rounds, often downloaded to 28 rounds) 18 stick grenades (2 per man). The purpose of incendiary weapons is to set fire and burn people. Types of incendiary agents used in incendiary weapons include: Mark-77 (Mk-77) type air-dropped unitary bombs are the primary incendiary bombs in active service in the US armed forces. They were used very frequently in World War II. For this reason, the Conference recommended that a another conference of governments be convened with a view to reaching agreements on prohibitions or restrictions of the use of specific conventional weapons, including incendiary weapons. 11.137, Report No. See, e.g. The use of fire as a weapon has a long history, and early incendiary weapons, like incendiary arrows, early firebombs and flamethrowers, dominated the battlefield for centuries until the introduction of gunpowder in the 15th century. Nearly two and a quarter million homes were destroyed and 9.2 million people left homeless. Were incendiary weapons used in the 2014-2015 conflict in eastern Ukraine? Protocol III lists certain munition types like smoke shells which only have a secondary or additional incendiary effect; these munition types are not considered to be incendiary weapons. Any use of incendiary weapons in the course of hostilities must, however, comply with the IHL prohibition on indiscriminate attacks, in particular the prohibition on attacks which employ a method or means of combat which cannot be directed at a specific military objective, or the effects of which cannot be limited as required under IHL, as well as the specific prohibition on area bombardment, the prohibition on disproportionate attacks, and the requirement to take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental harm to civilians.Additional Protocol I, Arts. Thermobaric Bombs And Other Nightmare Weapons Of The Syrian Civil War 1977 Additional Protocol I, Article 35(2). (a) Incendiary weapons can take the form of, for example, flame throwers, fougasses, shells, rockets, grenades, mines, bombs and other containers of incendiary substances. The Treaty on the Non-Proliferation of Nuclear Weapons (known as the Nuclear Non-proliferation Treaty, or NPT), which was adopted under the aegis of the UN in 1968. 35 and 52(2). 1, 1973. UN General Assembly Resolution 2932 (XXVII) of 29 November 1972; Napalm and other Incendiary Weapons and all Aspects of their Possible Use: Report of the Secretary-General; UN doc. Were incendiary rounds used in ww2? - masx.afphila.com Incendiary weapons work through a powerful exothermic (heat-producing) reaction typically involving oxygen in the surrounding air (or an oxidizing agent) and some sort of incendiary substance such as magnesium, napalm, thermite, triethylaluminium or white phosphorous. White phosphorus munitions | Weapons Law Encyclopedia A number of states objected to this reservation, arguing that it was incompatible with the object and purpose of the Protocol.The US reservation reads: The United States of America, with reference to Article 2, paragraphs 2 and 3, reserves the right to use incendiary weapons against military objectives located in concentrations of civilians where it is judged that such use would cause fewer casualties and/or less collateral damage than alternative weapons, but in so doing will take all feasible precautions with a view to limiting the incendiary effects to the military objective and to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects. France, for instance, considered the reservation to be contrary to the object and purpose of the Protocol since, despite the assurances given by the United States of America, it cannot guarantee the protection of civilians, which is the raison d'tre of the Protocol. Generally, on reservations, seeGuide to Practice on Reservations to Treaties, International Law Commission, 2011, and the detailed commentaries thereto. Report of the UNSecretary-General,Napalm and other Incendiary Weapons and all Aspects of their Possible Use, 1973: 'in view of the facts presented in the report, the group of consultant experts wishes to bring to the attention of the General Assembly the necessity of working out measures for the prohibition of the use, production, development and stockpiling of napalm and other incendiary weapons. Incendiary bombs or shells are often described as area weapons, because they are effective over a broad area, whether they are used against point targets or area targets. Notably, ground-launched incendiary weapons that are set to explode in the air above a target can have an area effect similar to that of air-launched incendiary weapons. The MK-77 is the primary incendiary weapon currently in use by the United States . 1, 1973. Early Signs of War Crimes and Human Rights Abuses Committed by the Russian Military During the Full-Scale Invasion of Ukraine, Ukraine: Russian Air-Dropped Bombs Hit Residential Area. Attacks on civilians or civilian objects with incendiary weapons are prohibited under the Protocol, as are attacks on forests or other kinds of plant cover by incendiary weapons except when such natural elements are used for military purposes or are themselves military objectives. But in all seriousness, a hit with incendiary ammo produces a "singe" effect on a hunter, similar to running through a fire very quickly and taking about 5-10 "burn damage" that slowly heals back like any other burned block. The Commission noted that even if it were proved that the Argentine military had used such weapons, it cannot be said that their use in January 1989 violated an explicit prohibition applicable to the conduct of internal armed conflicts at that time, as Argentina had ratified CCW Protocol III only in 1995, and because the temporal scope of the CCW was limited to international armed conflict, and did, hence, not directly apply to the internal hostilities at La Tablada. 360 rounds of rifle ammunition (each rifleman carried 45 rounds on the march; 60 rounds in combat) 16 rounds of pistol ammunition. E/CN.4/Sub.2/1997/27 of 24 June 1997. Concluded in 1981, it entered into force on 2 December 1983. Click to expand. The human rights group called for an effects-based definition of incendiary weapons and urged states to prohibit the use of all such weapons within populated areas. 1(a) and 9(c) and (d). The 1980 Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons was adopted on 10 October 1980 and entered into force on 2 December 1983. The Enyclopedia aims to provide accurate, up-to-date information on weapons, the effects of their use, and their regulation under public international law, in a format that is accessible to non-specialists. They burned several homes and endangered civilians. Severe burn wounds usually result in disability even after the wound has healed. Besides these physical effects, military use of incendiary weapons can also aim to ahve psychological effects, operating on the basis that human beings experience strong fear of fire.ICRC, Weapons that may Cause Unnecessary Suffering or have Indiscriminate Effects, Report on the Work of Experts, 1972, paragraph 203: The firebomb is also an antipersonnel weapon, and because of its area effectiveness and its psychological impact it has proved exceedingly efficient; A. Buncombe, US admits it used napalm bombs in Iraq, Independent, 10 August 2003: The generals love napalm. 51(4)(b) and (c); 51(5); and 57(2)(a)(ii). In keeping with Article 2 of the CCW to which it is annexed, the Protocol applies in situations of an international armed conflict, referred to in Article 2 common to the 1949 Geneva Conventions, including any situation described in paragraph 4 of Article 1 of 1977 Additional Protocol I to these Conventions. How does international humanitarian law govern incendiary weapons? In the urban environment, the flamethrower can shoot fire around corners to enhance movement past dead or blind angles. N.T. Under the CCM, submunitions that contain an incendiary substance, and which are dispersed or released by a cluster munition and are designed to function by detonating an explosive charge prior to, on or after impact, are prohibited. Recent studies suggest that soot and ash lofted into the atmosphere as a result of large-scale fires and firestorms could impact regional weather and the climate.See, for example, O. The grenade body is of thin sheet metal and is cylindrical in shape. The President transmits treaties to the Senate for its consideration and potential approval of a resolution of ratification. 55/97, Inter-Am. 92, no. Weapons or munitions primarily designed to set fire to objects or to cause burn injury to persons through the action of flames, heat, or a combination thereof, produced by the chemical reaction of a substance delivered on the target. Human Rights Watch and International Human Rights Clinic (IHRC) at Harvard Law School. The Enyclopedia aims to provide accurate, up-to-date information on weapons, the effects of their use, and their regulation under public international law, in a format that is accessible to non-specialists. Incendiary weapons that violate international law are being used in the Several states have objected to treating treating air-delivery of incendiary weapons differently from other modes of delivery. Restrictions and prohibitions on particular weapons, such as blinding lasers, incendiary weapons, and mines are contained in protocols annexed to the Convention. Concluded in 1981, it entered into force on 2 December 1983. The effects of heat and carbon monoxide poisoning are particularly important causes of mortality in large-scale fires resulting from incendiary attacks. Explainer: What Is the Open Skies Treaty and Why Is U.S. Quitting? Note, however, that the Convention does not cover the activities of armed forces during an armed conflict which are governed by IHL. When the bomb detonates, the container will rupture, disbursing the fuel gel mixture, which is then ignited. The combustion process can produce and sustain very high temperatures. Incendiary weapons: The big white lie :: www.uruknet.info Flame fougasses can act like flame throwers or incendiary mines. E. F. J. Yuzon, 'Deliberate Environmental Modification Through the Use of Chemical and Biological Weapons: "Greening" the International Laws of Armed Conflict to Establish an Environmentally Protective Regime', 11(5)(1996), Under the 1997 International Convention for the Suppression of Terrorist Bombings it is an offence for any person to deliver or detonate an incendiary weapon or device into or against a place of public use, a State or government facility, a public transportation system or an infrastructure facility with intent to cause death, serious bodily injury, or extensive destruction. to divide Poland between Germany and the Soviet Union. Any military advantages are outweighed by the extreme human suffering they cause. A more recent US incendiary submunition is the M74A1. The full title is Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects. The prohibition under IHL on causing superfluous injury or unnecessary suffering applies in international and non-international armed conflicts. They can be used to burn people, set fire to materiel, or penetrate plate metal. They should adopt an effects-based definition of incendiary weapons, which encompasses multi-purpose munitions, and prohibit the use of all incendiary weapons, regardless of their delivery system, in concentrations of civilians. World War II | American History Quiz - Quizizz The Geneva Disarmament Conference of 1932-1933 gave considerable attention to the question of incendiary weapons. The only US policy guidance is found in paragraph 36 of FM 27-10 which warns that they . Conventional Weapon - an overview | ScienceDirect Topics They include such diverse weapons as flamethrowers, incendiary grenades, landmines and fougasses The term fougasse describes a variety of devices that are usually buried in the ground, are set off from a distance and project debris or flame in the direction of an enemy. Report of the UN Secretary-General, Napalm and other Incendiary Weapons and all Aspects of their Possible Use, 1973, 192. Q&A: Incendiary Weapons in Ukraine | Human Rights Watch The grenade filler will burn from 30 to 45 seconds. A/8803/Rev. Human Rights Watch is a 501(C)(3)nonprofit registered in the US under EIN: 13-2875808. The use of incendiary weapons is controlled under international law by the Convention on Conventional Weapons, but the treaty only sets an outright ban in certain contexts. Conf. UN doc. For a more detailed overview of diplomatic initiatives dealing with napalm and other incendiary weapons in the early 1970s, see Department of Political and Security Council Affairs. Within the human body, it can burn for hours and tends to cause small, deep lesions. Incendiary weapons cause severe injury, including through thermal and chemical burns, pulmonary damage due to the inhalation of smoke and toxic fumes, circulatory shock, heat stroke, asphyxiation, and carbon monoxide poisoning. Rue de Lausanne 120B, Case Postale 1063, 1211 Genve 1 2022. When incendiary weapons are used in conjunction with explosive weapons, victims may suffer combined burn and blast injury, which are associated with higher mortality than each wounding type alone. 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