Practice Relating to Rule 85. The Use of Incendiary Weapons against Combatants
In 1973, in response to Resolution 2932 A (XXVII) in which the UN General Assembly asked States to comment on the report of the UN Secretary-General on napalm and other incendiary weapons and all aspects of their possible use, Kuwait stated that it “will whole-heartedly support any action that may be taken by the United Nations to prevent the use of napalm in armed conflicts and especially against the civilian population”.
In 1975, during discussions in the Ad Hoc Committee on Conventional Weapons established by the CDDH, Kuwait stated:
16. There were several types of weapon which could be included in the category of incendiary weapons, and military authorities would claim that their use was necessary without concerning themselves with the humanitarian side of the question.
17. Several types of incendiary weapons such as napalm, flame-throwers and incendiary munitions, should be prohibited forthwith, regardless of military considerations. The other incendiary weapons should be classified as defensive or offensive, and as anti-personnel or anti-matériel. Incendiary weapons would thus be divided into two categories from the operational point of view.
18. His delegation suggested that incendiary weapons used indiscriminately against members of the armed forces and the civilian population should be prohibited. It also suggested that incendiary weapons used against civilian objects should be prohibited. It considered, moreover, that incendiary weapons other than napalm and flame-throwers should be used only for defence or for attacking military matériel. It would support any measure designed to prohibit or restrict the use of destructive weapons.