# Is use of napalm legal under US law and/or international treaties? **URL:** \ **Category:** Factual Questions\ **Created:** [August 9, 2003, 2:30pm UTC](https://boards.straightdope.com/t/is-use-of-napalm-legal-under-us-law-and-or-international-treaties/194025 "2003-08-09T14:30:40Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\ **Post date:** [August 9, 2003, 2:30pm UTC](https://boards.straightdope.com/t/is-use-of-napalm-legal-under-us-law-and-or-international-treaties/194025/1 "2003-08-09T14:30:40Z")
Are there any prohibitions against using napalm or napalm-like weapons under US law? Are there any international treaties that would violated by its use? ---
**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\ **Post date:** [August 9, 2003, 5:04pm UTC](https://boards.straightdope.com/t/is-use-of-napalm-legal-under-us-law-and-or-international-treaties/194025/2 "2003-08-09T17:04:48Z")
No, not specifically. In much the same way it is not a violation of the usages and customs of war to use a nuclear weapon. “Well, why is that?” you ask. You see the general idea is any weapon is premitted unless it is prohibited. As a result the use of biological or chemical weapons are banned. (American soldiers could not use tear gas to try to take U and Q alive for example.) So are glass bullets and a bunch of other stuff you never heard of. Now, in the use of weapons, it is illegal (and immoral) to use them in a way that causes needless suffering. Of course the key word here is “needless.” Military necessity trumps treaties. For example attacks on civil ships by submerged submarines are illegal by treaties signed before World War I. In truth antisubmarine warfare has long been so advanced that anyone who tried to surface and obey the law dies. Therefore everyone attacks while submerged and so civlians die and the law is negated by the reality. I fear I am rambling, but I hope you see my point. ---
**Author:** ![jimmmy](https://avatars.discourse-cdn.com/v4/letter/j/73ab20/32.png) [@jimmmy](https://boards.straightdope.com/u/jimmmy)\ **Post date:** [August 9, 2003, 5:59pm UTC](https://boards.straightdope.com/t/is-use-of-napalm-legal-under-us-law-and-or-international-treaties/194025/3 "2003-08-09T17:59:19Z")
> [@](#): > > \*Originally posted by Revtim \* > \*\*Are there any international treaties that would violated by its use? \*\* Well, yes it **is** specifically illegal to use incenderary devices against civilians and civilain vehicles and civilian buildings – & even against a military target in a “heavily civilian area” – which is more or less true of any weapon in war – but the Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III), Geneva, 10 October 1980 specifically makes thier use a war crime – there is no doubt that using them so is prohibited. I think there is some confusion on this because after Gulf War I – there was ALOT of noise from some of the “further out” NG organizations about allied “war crimes” i.e. using flamethrowers & other incediaries against Iraqi soldiers as a "war crime’ – this never went anywhere because - as far as I know – it wasn’t true : there were simply no civilians involved in any way at all. [http://www.vbs.admin.ch/internet/GST/KVR/e/e-PRotIIincendweap.htmyou’ll](http://www.vbs.admin.ch/internet/GST/KVR/e/e-PRotIIincendweap.htmyou'll) end up at the hague.mak ---
**Author:** ![jimmmy](https://avatars.discourse-cdn.com/v4/letter/j/73ab20/32.png) [@jimmmy](https://boards.straightdope.com/u/jimmmy)\ **Post date:** [August 9, 2003, 6:00pm UTC](https://boards.straightdope.com/t/is-use-of-napalm-legal-under-us-law-and-or-international-treaties/194025/4 "2003-08-09T18:00:51Z")
Crap. Here’s the link i was trying to use [http://www.vbs.admin.ch/internet/GST/KVR/e/e-treaties-index.htm](http://www.vbs.admin.ch/internet/GST/KVR/e/e-treaties-index.htm) ---
**Author:** ![ltfire](https://avatars.discourse-cdn.com/v4/letter/l/7ea924/32.png) [@ltfire](https://boards.straightdope.com/u/ltfire)\ **Post date:** [August 10, 2003, 12:31am UTC](https://boards.straightdope.com/t/is-use-of-napalm-legal-under-us-law-and-or-international-treaties/194025/5 "2003-08-10T00:31:48Z")
As an aside, the action movies don’t give a napalm strike, justice. I saw it first hand when I was stationed on a carrier, and the drop was over water. Up close and personal? You would think the sun fell from the sky. ---
**Author:** ![Bob\_Scene](https://avatars.discourse-cdn.com/v4/letter/b/e19adc/32.png) [@Bob\_Scene](https://boards.straightdope.com/u/Bob_Scene)\ **Post date:** [August 10, 2003, 1:07am UTC](https://boards.straightdope.com/t/is-use-of-napalm-legal-under-us-law-and-or-international-treaties/194025/6 "2003-08-10T01:07:25Z")
Here’s a news story about the use of a napalm-like substance in the Iraq war: [http://www.bayarea.com/mld/mercurynews/news/local/6465972.htm](http://www.bayarea.com/mld/mercurynews/news/local/6465972.htm) ---
**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\ **Post date:** [August 10, 2003, 2:43am UTC](https://boards.straightdope.com/t/is-use-of-napalm-legal-under-us-law-and-or-international-treaties/194025/7 "2003-08-10T02:43:11Z")
I would point out that flamethrowers, either tank-mounted of the Sands of Iwo Jima backpack model are no longer used by the US military.