4 February 2010
With regard to the reservation made by the United States of America upon consenting to be bound by Protocol III to the above Convention:
“The Kingdom of Denmark notes the reservation made by the United States of America upon its consent to be bound by Protocol III. The reservation appears – with its broad and general formulation – to be contrary to the object and purpose of the Protocol. On this basis, the Kingdom of Denmark objects to the reservation.
The United States has represented that the reservation is intended to only address the highly specific circumstances such as where the use of incendiary weapons is a necessary and proportionate means of destroying counter-proliferation targets, such as biological weapon facilities requiring high heat to eliminate biotoxins, and where the use of incendiary weapons would provide greater protection for the civilian population than the use of other types of weapons.
The Kingdom of Denmark welcomes this narrowing of the scope of the reservation and the humanitarian considerations underlying the reservation of the United States of America. The Kingdom of Denmark further expresses its willingness to engage in any further dialogue, which may serve to settle differences in interpretation.”