White phosphorus weapon: Encyclopedia II - White phosphorus weapon - Arms control status

White phosphorus weapon - Arms control status

Use of white phosphorus against military targets (outside civilian areas) is not specifically banned by any treaty. However, there is a debate on whether white phosphorus should be considered a chemical weapon and thus be outlawed by the Chemical Weapons Convention (CWC) which went into effect in April of 1997. The Convention is meant to prohibit weapons that are "dependent on the use of the toxic properties of chemicals as a method of warfare" (Article II, Definitions, 9, "Purposes not Prohibited" c.). The Convention defines a "toxic chemical" as a chemical "which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals".(CWC, II). WP was not included in the CWC's original annex listing chemicals that fell under this definition for purposes of verification.[11]

However, in 2005, interviewed by the RAI, Peter Kaiser, spokesman for the UN Organisation for the Prohibition of Chemical Weapons, which oversees the CWC, publicly questioned whether the weapon should fall under the convention's provisions: "No it's not forbidden by the CWC if it is used within the context of a military application which does not require or does not intend to use the toxic properties of white phosphorus. White phosphorus is normally used to produce smoke, to camouflage movement. If that is the purpose for which the white phosphorus is used, then that is considered under the Convention legitimate use. If on the other hand the toxic properties of white phosphorus... are specifically intended to be used as a weapon, that of course is prohibited, because the way the Convention is structured or the way it is in fact applied, any chemicals used against humans or animals that cause harm or death through the toxic properties of the chemical are considered chemical weapons." ^[12]

Some opponents have argued that because of its incendiary effects, WP is potentially restricted by the 1980 Convention on Conventional Weapons (Protocol III), which prohibits the use of air-delivered incendiary weapons against civilian populations or indiscriminate incendiary attacks against military forces co-located with civilians. ^[13] However, that protocol also specifically excludes weapons whose incendiary effects are secondary, such as smoke grenades. This has been often read as excluding white phosphorus munitions from this protocol, as well. In any case, the third protocol has not been signed by the United States.

White phosphorus weapon - Military regulations

According to the US Army field manual on the Rule of Land Warfare, "The use of weapons which employ fire, such as tracer ammunition, flamethrowers, napalm and other incendiary agents, against targets requiring their use is not violative of international law." ^[14] However, there is some conflicting guidance given by the US Command and General Staff College at Fort Leavenworth. ST 100-3 Battle Book, a student text, states that "It is against the law of land warfare to employ WP against personnel targets." ^[15] This seems at odds with other field manuals which discuss the use of white phosphorus against personnel ^[16]. One blog has reported that The US Marine Corps has recently issued guidance against using "flame weapons" (including white phosphorus) against personnel. ^[17]

Adapted from the Wikipedia article "Arms control status", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki