Via the International Human Rights Law Clinic  

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Countries at an upcoming United Nations disarmament conference, faced with evidence of 30 new incendiary weapons attacks in Syria, should agree to strengthen the international law that governs their use, the International Human Rights Clinic said in a report released this week.

The 13-page report, “Myths and Realities About Incendiary Weapons,” counters common misconceptions that have slowed international progress in this area. Incendiary weapons produce heat and fire through the chemical reaction of a flammable substance. While often designed for marking and signaling or producing smokescreens, incendiary weapons can burn human flesh to the bone, leave extensive scarring, and cause respiratory damage and psychological trauma. They also start fires that destroy civilian objects and infrastructure.

“The excruciating burns and lifelong disabilities inflicted by incendiary weapons demand a global response,” said Bonnie Docherty, associate director of conflict and civilian protection at the Clinic. “Simple changes in international law could help save civilian lives during wartime.”

The report details the exceptionally cruel harm caused by incendiary weapons, explains the shortcomings of existing law, and lays out steps countries should take in response. The report, designed as an accessible overview of the incendiary weapons issue, was jointly published with Human Rights Watch.

Countries that are party to the Convention on Conventional Weapons (CCW) are scheduled to address incendiary weapons at the UN in Geneva from November 19 to 23. Protocol III to this treaty imposes some restrictions on the use of incendiary weapons, but it does not provide sufficient protections for civilians.

In 2018, the Syrian-Russian military alliance used incendiary weapons in at least 30 attacks across six governorates of Syria, based on Human Rights Watch research. The majority of these attacks involved ground-launched rockets, but air-dropped weapons have also caused harm. For example, an incendiary airstrike on March 16 in Eastern Ghouta killed at least 61 people and injured more than 200.

Human Rights Watch documented an additional 90 incendiary weapons attacks in Syria from November 2012 through 2017. The total number is most likely higher. Syria has not joined Protocol III, but Russia has.

The countries at the UN meeting should address the weaknesses of Protocol III as well as articulate their policies and practices. They should also establish a forum dedicated to reviewing the protocol more formally in 2019 with the intention of strengthening its protections for civilians.

Government support for action against incendiary weapons has grown significantly in recent years, although a small number of countries that view existing law as adequate have opposed proposals to amend the protocol.

Protocol III has two major loopholes that have weakened its impact. First, its definition excludes multipurpose weapons, such as those with white phosphorus, which may be primarily designed to provide smokescreens or illumination, but which can inflict the same horrific injuries as other incendiary weapons. White phosphorus, for example, can continue to smolder in bandaged wounds and reignite days after treatment if exposed to oxygen. In 2017, the US-led coalition used white phosphorus while fighting to retake Raqqa in Syria and Mosul in Iraq from the Islamic State. The United States is party to Protocol III.

Second, while the protocol prohibits the use of air-dropped incendiary weapons in populated areas, it allows the use of ground-delivered models in certain circumstances. Because all incendiary weapons cause the same effects, this arbitrary distinction should be eliminated. A complete ban on incendiary weapons would have the greatest humanitarian benefits.

“Nations should make strengthening international law on these weapons a priority for the disarmament agenda,” said Docherty, who is also a senior researcher in the Arms Division of Human Rights Watch. “Stronger obligations would limit the conduct of treaty countries and, by increasing stigmatization of incendiary weapons, influence the behavior of other countries and non-state armed groups.”

Docherty will present the report’s findings at a side event at the United Nations in Geneva at 1:15 p.m. on November 20 in Conference Room XXII.

Clinical students Molly Brown, JD ’19, Samantha Fry, JD ’20, and Thejasa Jayachandran, JD ’20, worked under Docherty’s supervision to help write this report.

For more on the Clinic’s work on incendiary weapons, please visit:
http://hrp.law.harvard.edu/areas-of-focus/arms-armed-conflict/incendiary-weapons/