http://www.timesonline.co.uk/article/0,,7374-1875730,00.html<snip>
HOW damaged is the US by the row over its use of white phosphorus in Fallujah last year? On the facts available now, it is within the letter of the law, even though it has not signed the most relevant protocol on the use of the weapon.
But that assertion depends on the US claim that there were few civilians left in Fallujah by the time the assault began last November. There is strong evidence to support the US position. But conflicting reports, inevitable in the circumstances, leave room for debate, and even more for rumour.
Even if the US is right on the legality, there is no question that it has inflicted a serious propaganda blow on itself. No matter the technical explanations of how useful the chemical is in flushing out insurgents from cellars. In using a weapon notorious in Vietnam, with effects on the human body straight from a science fiction film, it has given a gift to its enemies. It is now loudly accused of hypocrisy: justifying the war partly by Saddam Hussein’s use of chemical weapons, but then using particularly nasty ones itself.
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The most directly applicable international law is Protocol III of the 1980 Convention on Conventional Weapons. Under this, the use of white phosphorus is prohibited as an incendiary weapon against civilian populations. It is also banned (with clear inspiration from Vietnam) in air attacks against military forces in civilian areas.
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