Practice Relating to Rule 85. The Use of Incendiary Weapons against Combatants
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment].
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment].
At the Preparatory Conference on the Convention on Certain Conventional Weapons in 1978, Denmark and Norway presented a proposal prohibiting, inter alia
, making military personnel as such the object of attack by incendiary weapons except when “the personnel is engaged or about to engage in combat or being deployed for combat engagement” or “the personnel is under armoured protection, in field fortifications or under similar protection”.