1 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 Federal Republic of Germany has examined the reservation submitted by the United States of America on 21 January 2009 concerning Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons of 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 (CCW) and raises an objection to it.
The Federal Republic of Germany understands that the intention of the reservation submitted by the United States of America is to cause fewer casualties and/or less collateral damage.
However, the Federal Republic of Germany is of the opinion that the reservation is incompatible with the object and purpose of the CCW and Protocol III and that it would leave the decision of whether or not the respective norms of the Protocol should be applied to the discretion of a military commander.
This objection does not preclude the entry into force of Protocol III between the Federal Republic of Germany and the United States of America.”