What is the problem?

Incendiary weapons use heat and fire to kill and injure people or destroy builings, infrastructures, and the environment. The humanitarian impact of incendiary weapons is horrific. They cause particularly cruel injuries, such as severe and extensive burns, severe respiratory system damage, internal organ injuries, which are difficult to treat adequately, and can lead to slow and painful death or permanent scarring, disfigurement and lifelong psychological trauma.

Napalm, widely used during the Vietnam War, is the most notorious incendiary substance, but more than 180 models of incendiary weapons currently exist. White phosphorus (WP), is another notorious type of incendiary weapon with especially appalling impacts, extremely toxic to humans,
causing chemical and thermal burns, often down to the bone as it is highly soluble in fat. WP is also pyrophoric, meaning that it burns when exposed to oxygen, and as such can cause wounds which have been dressed and treated to re-ignite when exposed to air again.

WP munitions are in the arsenal of many nations and are generally used to create smokescreens and mark targets. In addition, armed forces have used WP munitions to “smoke out” enclosures such as armoured vehicles or buildings, forcing anyone inside to flee the smoke and fire into open areas where they can be more easily attacked with high explosive rounds.

This type of use is unacceptable for humanitarian reasons, even when applied to combatants, because of the nature of the injuries caused. Not only do they produce especially cruel injuries, but they also often have a broad area effect, which means they cannot be used in a way that discriminates between soldiers and civilians in populated areas.

WP munitions are regularly found in the field by NPA’s mine action teams in a number of countries, especially in South-East Asia. Their presence disturbs and slows down survey and clearance, particularly of cluster munition remnants. This happens because a shift to a specific “incendiary drill” is required when WP munitions are identified, as they in some cases still are dangerous to handle.

Furthermore, incendiary weapons and WP in particular, have grave environmental impact. Incendiary weapons cause wild/forestfires which are difficult to put down and release greenhouse gases and poisonous gases depending on what burns, and contribute to local pollution of water and soil.

What is the current situation?

Incendiary weapons continue to be used with civilian deaths and injuries as a result with recent use in Gaza, Afghanistan, Yemen, Syria and Ukraine.

Current international law on incendiary weapons is inadequate and has failed to avoid humanitarian harm and protect civilians from these weapons. Protocol III, adopted in 1980, of the Convention on Certain Conventional Weapons (CCW) addresses incendiary weapons, but only provides limited protection for civilians. It does not prohibit, only restricts their use. The convention defines these weapons so narrowly that it excludes those with “incidental” incendiary effects. This means use of white phosphorous is legal because it is designed to be used as a smoke screen, and not specifically designed to burn. Furthermore, the protocol has an arbitrary distinction between air delivery and ground delivery of incendiary weapons in proximity to civilians, although the humanitarian concerns are very similar. There are historic explanations to this distinction, as Protocol III can be seen in light of the use of napalm in the Vietnam War. Protocol III is thus a product of its historic period, and 40 years later it needs strengthening.

According to Human Rights Watch, some governments, including the US, believe that WP munitions are not covered by Protocol III, even when used intentionally for incendiary effects.

Human Rights Watch is also highly critical of the fact that the protocol prohibits attacks in populated areas with air-dropped incendiary weapons yet permits the same kinds of attacks with ground-launched models under certain circumstances. Human Rights Watch and Harvard Law School’s International Human Rights Clinic are working to get states to revisit Protocol III and agree on a mandate to amend its loopholes. International support for strengthening existing law on incendiary weapons is growing. Many States Parties to the CCW have stated that they are concerned about the offensive use of WP against civilians, and that they are willing to reopen the incendiary weapons issue. Because of the consensus-based working process of the CCW, no action has unfortunately yet been taken, and it is likely that a ban on incendiary weapons would need to be taken forward in a different forum.

Recent debates in the CCW, such as the 2022 meeting of state parties, lacked meaningful progress on Protocol III. Norway and other states called for more discussion on the Protocol and its universalisation. Ireland tabled a suggestion to review the Protocol and set aside time to discuss it. However, two states opposed this, and although widely supported, Ireland’s proposal could not proceed due to the procedural architecture of the CCW, relying on consensus. NPA remains eager and ready for incendiary weapons to come back on the international agenda.

What is NPA’s call?

NPA calls for a complete ban on the use of incendiary weapons in all circumstances, including a ban on WP munitions.

The military purpose of smoke screens can be achieved by non-incendiary means and the humanitarian harm far outweighs the military usefulness of incendiary weapons.

NPA primarily calls for a revision of Protocol III in CCW. However, as CCW is regulated by consensus, NPA recognises the obstacles related to reopening the Protocol III for consideration. Therefore, NPA calls for a separate international ban on incendiary weapons, including WP, such as the already existing ones: Anti-Personnel Mine Ban Convention and Cluster Munitions Convention.

States should hold discussions on incendiary weapons outside the CCW, because of the deadlock on progress on incendiary weapons in this forum. This is the only way to close the Protocol III loopholes, reduce humanitarian harm and ensure civilians are protected from these horrific weapons. This is urgently needed, as this Protocol has not been revised in 40 years and civilians are suffering gravely due to the use of incendiary weapons.

What does NPA do?

NPA will conduct research on the immediate and prolonged effects of incendiary weapons on civilian lives and well being, as well as the general humanitarian and environmental harm. When the requisite political will can be mobilised to make international progress on this agenda, NPA will work with other NGO partners to mobilise political will among UN member states and ensure the production, stockpiling, use, and transfer of these weapons are fully banned and the harm already caused addressed.