Practice Relating to Rule 85. The Use of Incendiary Weapons against Combatants
In 1976, during discussions in the Ad Hoc Committee on Conventional Weapons established by the CDDH, the representative of India stated:
His delegation, for its part, was of the opinion that a country should not be placed at a disadvantage when the defence of its territory was at stake. It should accordingly be entitled to use incendiary weapons against the enemy on its own soil. Once the enemy had been driven back beyond the international borders, however, the use of incendiary weapons against him would be illegal. His delegation therefore proposed a complete prohibition of the use of incendiary weapons by the armed forces of a country outside that country’s own borders or the borders of its allies. It thought that that proposal would provide a fair solution to a very complicated problem.