Practice Relating to Rule 85. The Use of Incendiary Weapons against Combatants
Hungary’s Criminal Code (1978), as amended in 1998, prohibits incendiary weapons. It provides:
(1) Any person who uses or orders the use of a weapon or instrument of war prohibited by international treaty in a theatre of military operation or in an occupied territory against the enemy, civilians or prisoners of war commits a felony offence and shall be punishable by imprisonment of between 10 to 15 years or life imprisonment.
(2) Any person who makes preparations for the use of a weapon prohibited by international treaty commits a felony offence and shall be punishable by imprisonment of up to five years.
(3) For the purpose of Subsections (1)–(2) the following shall be construed as weapons prohibited by international treaty:
b) the following weapons listed in the Protocols to the Convention signed at Geneva on 15 October 1980 on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, as promulgated by Law-Decree 2 of 1984 …
3. incendiary weapons specified in Point 1 of Article 1 of Protocol III.