Legal Loopholes in Incendiary Weapons Protocol Demand New UN Forum for a Complete Ban
SDG 3: Good Health & Well-Being | SDG 16: Peace, Justice & Institutions
Institutions: Ministry of External Affairs | Ministry of Defence
A report by Human Rights Watch and Harvard Law School’s International Human Rights Clinic calls for stronger international standards to address the horrific humanitarian consequences of incendiary weapons. Despite the existence of the 1980 Protocol III to the Convention on Conventional Weapons (CCW), the use of these weapons-documented recently in Gaza, Ukraine, South Sudan, and Syria-continues to cause excruciating, long-term harm to civilians.
The report identifies two critical loopholes in Protocol III. First, the definition excludes weapons like white phosphorus that are not “primarily designed” to burn, despite having the same cruel incendiary effects. Second, the arbitrary distinction between air-launched and ground-launched weapons weakens protection for civilians.
Due to the CCW’s reliance on consensus, which has allowed states like Russia to block progress, the report urges governments to shift the debate to the United Nations General Assembly’s First Committee on Disarmament and International Security to advance a complete ban and adopt more comprehensive standards focused on the weapons’ inhumane effects, regardless of delivery mechanism.
This analysis directly challenges the adequacy of existing international humanitarian law, particularly the CCW Protocol III, and advocates for a significant institutional shift to a new UN forum to overcome procedural deadlocks and implement stronger legal protections against weapons that cause cruel and long-lasting harm to civilians.
What are Incendiary Weapons? Incendiary weapons ignite fires or inflict burn injuries through substances like napalm, thermite, or white phosphorus. They cause deep burns and respiratory damage, often spreading uncontrollably in populated areas.
What is the Incendiary Weapons Protocol?
The Protocol III to the Convention on Certain Conventional Weapons (CCW)-formally called the Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons-was adopted in 1980 to limit weapons that ignite fires or cause burns through chemical action.
The Protocol bans direct attacks using incendiary weapons against civilians and in concentrations of civilians, and places stricter rules on air-delivered munitions than on those launched from the ground. It also requires parties to take all feasible precautions to avoid incidental civilian harm.
Follow the full news here: Incendiary Weapons: Need For Stronger Law and a New Forum - World