Report from Greater Tokyo

Let's see...

The Americans would have you believe they are rebels against the Iraqi government at best, terrorists at worst. I am well aware that these guys effectively declared war against the US forces in Iraq, which certainly qualifies them for the freedom fighter label. I am also aware aware that certain members of these groups did terrible things to civilians, which makes those individuals into criminals. But rebels? I am not aware that they ever rebelled against the government imposed on Iraq. That would imply that at some point they accepted it.

Next, the legality of WP as a weapon. It is certainly legal as an illumination device, but no one is pretending that that is what it was used as anymore; it was used as a chemical weapon. And the law on chemical weapons states that they not be used on civilians, or in places where civilians are expected to be, which certainly applies here. Note that this law is not completely idiotic for attackers; it does not ban conventional AP or HE weapons.

However, I think the USA (in common with certain rogue and failed nations) is one of the countries which has not signed/ratified the international law on chemical weapons. Which makes the whole debate on the legality and trials for the perps irrelevant; The USA isn't party to any law which makes this act illegal, and as much as I would like to see the perps suffer for this, doing so would defeat the rule of law.

The only real punishment that can be used is moral outrage, although I believe a few nations which practice global jurisdiction could legitimately arrest the leaders responsible if they engage in foreign travel.

I believe Saddam Hussein also has a similar defence for his alleged use of chemical weapons ten years earlier; there was no relevant law that was effective at the time to which Iraq was a signatory.