Finian McGrath (Dublin North Central, Independent)
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Question 376: To ask the Minister for Foreign Affairs the position regarding the use of chemical weapons by the US in Iraq; and if he will make a statement on the matter. [35773/05]

Dermot Ahern (Louth, Fianna Fail)
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The Government strongly opposes the use of chemical weapons and the use of any conventional weapons in a manner which is contrary to international law. In addition, the Government has clearly and forcefully expressed the view that every possible effort must be made to keep to a minimum the use of force in built-up areas and to avoid civilian casualties. Following recent reports that white phosphorus munitions had been used by US forces in Iraq, my Department immediately contacted the US Embassy in Dublin to request clarification of the position.

The embassy has confirmed that US forces have used white phosphorus munitions in Iraq, as smoke screens and as incendiary weapons against defended positions. The US characterises white phosphorus as a conventional munition and not a chemical weapon in the meaning of the Chemical Weapons Convention, which came into force in 1997 and to which both the US and Ireland are parties. A spokesman for the Organisation for the Prohibition of Chemical Weapons, which monitors implementation of the convention, has been reported as confirming this position. I have asked my Department to seek to confirm the position.

The use of incendiary weapons could be contrary to the CWC, which deals with certain conventional weapons, if the incendiaries were directed against civilians or against combatants located within a concentration of civilians. The US has stated that it has not used incendiaries in this fashion. However, I note that the Government of Iraq has announced that it is sending a team to Falluja to investigate the circumstances in which incendiaries were used in the fighting in the town in November 2004. I look forward to the outcome of its investigation.