A/HRC/34/64 ceases after a warning has been given, with a reasonable time-limit where appropriate, and after such warning has remained unheeded.62 Prohibited weapons (a) Chemical weapons 40. The Syrian Arab Republic ratified the Chemical Weapons Convention (CWC) in 2013, following findings by the Organisation for the Prohibition of Chemical Weapons that Government forces had used chlorine bombs at an earlier phase in the conflict. 41. The use of chemical weapons are prohibited in both international and noninternational conflicts as they cause superfluous injury and unnecessary suffering and are by their very nature indiscriminate because the effects cannot be limited in time and space.63 42. The use of weapons in densely-populated areas which are by nature indiscriminate and whose effects cannot be limited as required by international humanitarian law is prohibited.64 As the dispersal pattern of gas found in chlorine bombs cannot be controlled, their use throughout residential areas in eastern Aleppo city amounts to the war crime of indiscriminate attacks in a civilian populated area. Certain state practice further prohibits the use of chemical weapons as being of a nature to cause superfluous injury or unnecessary suffering.65 (b) Cluster munitions 43. Cluster munitions are defined as “a conventional munition that is designed to disperse or release explosive sub-munitions each weighing less than 20 kilograms, and includes those explosive sub-munitions.”66 Such weapons typically have a wide dispersal pattern and high dud rate which continues to endanger civilians years after a cessation of hostilities. 44. Neither the Syrian Arab Republic nor the Russian Federation are states party to the Convention on Cluster Munitions. Nevertheless, the use of cluster munitions in civilianpopulated, urban areas violates customary IHL principles of distinction 67 and proportionality,68 due to the wide dispersal pattern and high dud rate noted above. When used in densely-populated areas such weapons are inherently indiscriminate. 69 (c) Incendiary munitions (including incendiary cluster munitions) 45. The anti-personnel use of incendiary weapons is prohibited, unless it is not feasible to use a less harmful weapon to render a person hors de combat. 70 Particular care must be taken to avoid, and in any event to minimize, incidental loss of civilian life, injury to 62 63 64 65 66 67 68 69 70 32 ICRC Rule 28. Ibid. at Rule 74. Ibid. at Rules 12 and 71. Ibid. at Rule 70. Convention on Cluster Munitions, CCM/7, Dublin, 30 May 2008, at art. 2, available at http://www.unog.ch/80256EDD006B8954/(httpAssets)/CE9E6C29A6941AF1C12574F7004D3A5C/ $file/ccm77_english.pdf. ICRC Rules 1 and 7. Ibid. at Rule 14 Ibid. at Rules 11, 12, and 71. See also the United Nations Sub-Commission on Human Rights, Res. 1996/16 and UN Secretariat, Existing rules of international law concerning the prohibition or restriction of use of specific weapons, Survey, at § 380. ICRC Rule 85.