Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III). Geneva, 10 October 1980.
The need of additional conventions prohibiting or limiting the use of certain methods and means of warfare was emphasized in the resolutions of the International Red Cross Conference of 1965 and of the International Conference on Human Rights of 1968 as well as in Resolution 2444 (XXIII) of the United Nations General Assembly of 1968. At the conferences of government experts convened by the International Committee of the Red Cross in 1971 and 1972 to prepare the protocols additional to the Geneva Conventions and at the Diplomatic Conference of 1974-1977 the opinion prevailed that an agreement on conventional weapons should be attempted, leaving aside weapons of mass destruction. Encouraged by the Diplomatic Conference, the ICRC convened two conferences of government experts on the use of certain conventional weapons which met at Lucerne in 1974 and at Lugano in 1976. The Diplomatic Conference, on 9 June 1977, adopted Resolution 22 (IV) which recommended that a conference of governments be convened not later that 1979 with a view to reaching agreements on prohibitions or restrictions of the use of specific conventional weapons. The U.N. General Assembly endorsed this recommendation and the Conference took place in Geneva from 10 to 28 September 1979 and from 15 September to 10 October 1980. The Convention and the three Protocols annexed to it were adopted by consensus on 10 October 1980 and opened for signature on 10 April 1981. The first Review Conference of States Parties to this Convention convened in Vienna from 25.9.1995 to 13.10.1995 and held subsequent sessions in Geneva from 15-19.1.1996 and 22.4.1996 to 3.5.1996. The review Conference adopted on 13.10.1995 a new Protocol IV prohibiting the use and transfer of blinding laser weapons and on 3 May 1996 adopted an amended version of Protocol II on mines, booby traps and other devices. D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nijhoff Publishers , 1988, pp.190-191.
Article 1 - Definitions
For the purpose of this Protocol:
1. "Incendiary weapon" means any weapon or munition which is primarily designed to set fire to objects or to cause burn injury to persons through the action of flame, heat, or combination thereof, produced by a chemical reaction of a substance delivered on the target. (a) Incendiary weapons can take the form of, for example, flame throwers, fougasses, shells, rockets, grenades, mines, bombs and other containers of incendiary substances. (b) Incendiary weapons do not include:
(i) Munitions which may have incidental incendiary effects, such as illuminants, tracers, smoke or signalling systems;
(ii) Munitions designed to combine penetration, blast or fragmentation effects with an additional incendiary effect, such as armour-piercing projectiles, fragmentation shells, explosive bombs and similar combined-effects munitions in which the incendiary effect is not specifically designed to cause burn injury to persons, but to be used against military objectives, such as armoured vehicles, aircraft and installations or facilities.
2. "Concentration of civilians" means any concentration of civilians, be it permanent or temporary, such as in inhabited parts of cities, or inhabited towns or villages, or as in camps or columns of refugees or evacuees, or groups of nomads.
3. "Military objective" means, so far as objects are concerned, any object which by its nature, location, purpose or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.
4. "Civilian objects" are all objects which are not military objectives as defined in paragraph 3.
5. "Feasible precautions" are those precautions which are practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations.
Article 2 - Protection of civilians and civilian objects
1. It is prohibited in all circumstances to make the civilian population as such, individual civilians or civilian objects the object of attack by incendiary weapons.
2. It is prohibited in all circumstances to make any military objective located within a concentration of civilians the object of attack by air-delivered incendiary weapons.
3. It is further prohibited to make any military objective located within a concentration of civilians the object of attack by means of incendiary weapons other than air-delivered incendiary weapons, except when such military objective is clearly separated from the concentration of civilians and all feasible precautions are taken with a view to limiting the incendiary effects to the military objective and to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects.
4. It is prohibited to make forests or other kinds of plant cover the object of attack by incendiary weapons except when such natural elements are used to cover, conceal or camouflage combatants or other military objectives, or are themselves military objectives.