Resolution of advice and consent, Treaty Doc. 105-1B

As approved: Resovled, (two-thirds of the Senators present concurring therein), SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A RESERVATION, AN UNDERSTANDING, AND A DECLARATION The Senate advises and consents to the ratification of the Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (Protocol III), adopted at Geneva on October 10, 1980 (Treaty Doc. 105-1(B)), subject to the reservation of section 2, the understanding of section 3, and the declaration of section 4. SECTION 2. RESERVATION The advice and consent of the Senate under section 1 is subject to the following reservation, which shall be included in the instrument of ratification: The United States of America, with reference to Article 2, paragraphs 2 and 3, reserves the right to use incendiary weapons against military objectives located in concentrations of civilians where it is judged that such use would cause fewer casualties and/or less collateral damage than alternative weapons, but in so doing will take all feasible precautions with a view to limiting the incendiary effects to the military objective and to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects. SECTION 3. UNDERSTANDING The advice and consent of the Senate under section 1 is subject to the following understanding, which shall be included in the instrument of ratification: It is the understanding of the United States of America that any decision by any military commander, military personnel, or any other person responsible for planning, authorizing or executing military action shall only be judged on the basis of that person's assessment of the information reasonably available to the person at the time the person planned, authorized, or executed the action under review, and shall not be judged on the basis of information that comes to light after the action under review was taken. SECTION 4. DECLARATION The advice and consent of the Senate under section 1 is subject to the following declaration: This Protocol is self-executing. This Protocol does not confer private rights enforceable in United States courts.