Related Rule
Australia
Practice Relating to Rule 84. The Protection of Civilians and Civilian Objects from the Effects of Incendiary Weapons
Australia’s Commanders’ Guide (1994) states:
Incendiary weapons should only be used against military targets. Incendiaries include weapons such as napalm, flame-throwers, tracer rounds and white phosphorous. Restriction on their use is imposed by the Conventional Weapons Treaty. 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 314.
The Guide further restates the definition of incendiary weapons contained in Article 1 of the 1980 Protocol III to the Convention on Certain Conventional Weapons, as well as the restrictions contained in Article 2 of the Protocol. 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, §§ 933–934.
Australia’s Defence Force Manual (1994) states:
416. Incendiary weapons include any weapon or munition which is designed to set fire to objects or to cause burn injury to humans through the action of flame, heat or a combination of the two causes by a chemical reaction of a substance delivered on a target. They include flame throwers, shell, rockets, grenades, mines, bombs and other containers of incendiary materials.
417. Incendiary weapons do not include munitions which have incidental incendiary effects such as illuminants, tracers, smoke or signalling devices; nor do they include 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 ammunition in which the incendiary effect is not specifically designed to cause burn injury to humans, but to be used against military objectives such as armoured vehicles, aircraft and installations and facilities.
418. Specific rules prohibit the use of incendiary weapons:
(a) in all circumstances to attack the civilian population, individual citizens or civilian objects with air delivered incendiary weapons;
(b) in all circumstances to make any military objective located within a concentration of civilians the object of attack by air delivered incendiary weapons;
(c) to make any military objective located within a concentration of civilians the object of an attack by other than air delivered incendiary weapons, except where the military objective is clearly separated from the civilians and all feasible precautions are taken to minimise incidental loss of civilian life and damage to civilian objects (separation in this context can mean a barrier (such as an air raid shelter or a hill) or distance; and
(d) on forests or plant cover except when the forests or plant cover are either being used to cover, conceal or camouflage military objectives or are themselves military objectives (if it is necessary to use incendiaries on a forest to clear a field of fire or facilitate an advance or attack against an enemy, the forest has become a military objective and may legitimately be attacked). 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, §§ 416–418.
Australia’s LOAC Manual (2006) states:
4.31 Incendiary weapons include any weapon or munition which is designed to set fire to objects or to cause burn injury to humans through the action of flame, heat or a combination of the two caused by a chemical reaction of a substance delivered on a target. They include flame throwers, shells, rockets, grenades, mines, bombs and other containers of incendiary materials.
4.32 Incendiary weapons do not include munitions which have incidental incendiary effects such as illuminants, tracers, smoke or signalling devices; nor do they include 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 ammunition in which the incendiary effect is not specifically designed to cause burn injury to humans, but to be used against military objectives such as armoured vehicles, aircraft and installations and facilities.
4.33 Specific rules prohibit the use of incendiary weapons:
• in all circumstances to attack the civilian population, individual citizens or civilian objects with incendiary weapons;
• in all circumstances to make any military objective located within a concentration of civilians the object of attack by air-delivered incendiary weapons;
• to make any military objective located within a concentration of civilians the object of an attack by other than air delivered incendiary weapons, except where the military objective is clearly separated from the civilians and all feasible precautions are taken to minimise incidental loss of civilian life and damage to civilian objects (separation in this context can mean a barrier (such as an air raid shelter or a hill) or distance).
• on forests or plant cover except when the forests or plant cover are either being used to cover, conceal or camouflage military objectives or are military objectives themselves (if it is necessary to use incendiaries on a forest to clear a field of fire or facilitate an advance or attack against an enemy, the forest has become a military objective and may legitimately be attacked). 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 4.31–4.33.
The manual further states: “Attacks on forests or other types of plant cover with incendiary weapons are prohibited, unless such natural elements are used to cover, conceal or camouflage combatants or other military objectives, or are themselves military objectives.” 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 5.50.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
In 1971, in an Australian report on the protection of the civil population against the effects of certain weapons, it was stated:
In respect of napalm and other weapons of an incendiary nature the Army recognises certain complexities of classification. It contemplates no less than three types of weapon:
a. “flame weapons” such as napalm bombs and flame throwers which employ or involve the projection of a flaming (petroleum or other) substance;
b. pure heat weapons; and,
c. electronic/nuclear (sub-atomic) weapons of the nature of laser rays or any development of that general conception.
This is not an exhaustive classification and ignores the atom weapon, whether as a bomb or otherwise.
Presently only napalm bombs and flamethrowers are available or in use. They present problems of economic use. Currently they are not used against any human target but only against structures although their use against structures is possibly less useful if a structure is unmanned by enemy personnel.
Even if not used against human targets flame weapons do present an advantage as a means of generating fear and despondency, even if not of terror and even if no enemy is actually harmed by them or is within range.
Their weight and lack of economy in use is a problem which may cause flame throwers to be discarded in favour of more sophisticated and longer ranging means of dispersing their (napalm) content.
These weapons as presently existing are not held to contravene international law if used in accepted fashion and not indiscriminately against humans or against inanimate targets so as to involve innocent civilians as little as possible. However, it is conceivable that new or “unconventional” uses of these weapons may be alleged to be contrary to law, depending upon interpretation of the Hague Rules and any extension of them. 
Australia, Protection of the Civil Population Against the Effects of Certain Weapons (unknown author), Doc. AA-A1838/267, File No. AA-889/702/7/2 Pt 1, May 1971, pp. 2–3.
At the Preparatory Conference for the Convention on Certain Conventional Weapons in 1978, Australia and the Netherlands sponsored a draft proposal which divided incendiary weapons into “incendiary” and “flame” munitions and stated: “It is prohibited to make any concentration of civilians the object of attack by means of any incendiary munition.” The proposal further stated that “specific military objectives that are situated within a concentration of civilians” may be attacked with incendiary weapons if “all feasible precautions are taken to limit the incendiary effects to all specific military objectives and to avoid incidental loss of civilian life or injury to civilians”. The final part of the proposal provided that, in order to
reduce to a minimum the risks posed to civilians by the use of flame weapons, it is prohibited to make any specific military objective that is situated within a concentration of civilians the object of aerial attack by means of napalm or other flame munitions unless that objective is located within an area in which combat between ground forces is taking place or appears to be imminent. 
Australia and Netherlands, Draft proposal on incendiary weapons submitted to the Preparatory Conference for the Convention on Certain Conventional Weapons, UN Doc. A/CONF.95/PREP.CONF./L.11, 13 September 1978.
In 1979, towards the end of the Preparatory Conference for the Convention on Certain Conventional Weapons, Australia and the Netherlands submitted a further draft proposal on incendiary weapons. The proposal provided:
As a consequence of the rules of international law applicable with respect to the protection of civilians against the effects of hostilities, it is prohibited to make the civilian population as such as well as individual civilians the object of attack by means of incendiary munitions.
It also prohibited aerial attacks with napalm or other flame munitions against military targets situated within concentrations of civilians. Attacks with incendiary munitions against military objectives in civilian concentrations were not prohibited, “provided the attack is otherwise lawful and that all feasible precautions are taken to limit the incendiary effects to the military objective and to avoid incidental loss of civilian life and injury to civilians”. 
Australia and Netherlands, Draft proposal on incendiary weapons submitted to the Preparatory Conference for the Convention on Certain Conventional Weapons, UN Doc. A/CONF.95/PREP.CONF./L.15, 5 April 1979.
At the First Review Conference of States Parties to the Convention on Certain Conventional Weapons in 1995, Australia stated: “The restrictions laid down in the Convention regarding the use of incendiary devices … were strong and clear.” 
Australia, Statement at the First Review Conference of States Parties to the Convention on Certain Conventional Weapons, Vienna, 25 September–13 October 1995, UN Doc. CCW/CONF.I/SR 3, 2 October 1995, § 25.