Thank you Mr. Chairman,
We have been pleased to hear a number of States Parties, as well as the ICRC, UNMAS, and the UN Secretary-General’s statement, cite the desirability of further CCW discussions on incendiary weapons and white phosphorus. We hope for more such statements tomorrow during the discussion of implementation of the protocols.
The excessive harm caused by incendiary weapons is well-know and undeniable. Indeed, that is why Protocol III exists, why it was negotiated and agreed upon more than 30 years ago.
Unfortunately, the protocol has not worked well enough. It has not adequately prevented harm to civilians from the range of weapons with incendiary effects, including white phosphorus. We have seen that to be the case in recent instances of use, including in Afghanistan, Libya, Gaza, Iraq, and elsewhere. Moreover, we have received reports of an attack involving white phosphorus in a populated area in Syria just two days ago. We are investigating the reports.
We can anticipate that the situation will only get worse in the future, that dangers to civilians will only increase over time, given the huge stockpiles already in existence, and the widespread, ongoing production of incendiary weapons.
Human Rights Watch believes that this is an opportune time for CCW States Parties to revisit Protocol III, to look at how well it has functioned, and to discuss how it could be improved to better protect civilians during armed conflict.
Such improvements could include applying the same prohibition to surface-delivered incendiary weapons as already exists for air-delivered incendiary weapons, and addressing the use of white phosphorus as an incendiary weapon.
Revived work on Protocol III could have a significant humanitarian impact, and could reinforce the utility of the CCW as a responsive and ever-evolving instrument of international law.
Thank you.
