In my posting about the US's use of white phosphorus in Fallujah, I sidestepped the debate about whether WP was or wasn't a chemical weapon, noting that given the way it melted people's skin off, such debate was spectacularly beside the point. I take that back: white phosphorus is a chemical weapon. Why? Because the Pentagon thinks so - at least if Saddam Hussein uses it. The smoking gun is a declassified 1995 Pentagon intelligence report entitled "Possible use of phosphorus chemical":
SUMMARY: IRAQ HAS POSSIBLY EMPLOYED PHOSPHOROUS CHEMICAL WEAPONS AGAINST THE KURDISH POPULATION IN AREAS ALONG THE IRAQI-TURKISH-IRANIAN BORDERS. [...]
IN LATE FEBRUARY 1991, FOLLOWING THE COALITION FORCES' OVERWHELMING VICTORY OVER IRAQ, KURDISH REBELS STEPPED UP THEIR STRUGGLE AGAINST IRAQI FORCES IN NORTHERN IRAQ. DURING THE BRUTAL CRACKDOWN THAT FOLLOWED THE KURDISH UPRISING, IRAQI FORCES LOYAL TO PRESIDENT SADDAM ((HUSSEIN)) MAY HAVE POSSIBLY USED WHITE PHOSPHOROUS (WP) CHEMICAL WEAPONS AGAINST KURDISH REBELS AND THE POPULACE IN ERBIL (GEOCOORD:3412N/04401E) (VICINITY OF IRANIAN BORDER) AND DOHUK (GEOCOORD:3652N/04301E) (VICINITY OF IRAQI BORDER) PROVINCES, IRAQ. THE WP CHEMICAL WAS DELIVERED BY ARTILLERY ROUNDS AND HELICOPTER GUNSHIPS (NO FURTHER INFORMATION AT THIS TIME). APPARENTLY, THIS TIME IRAQ DID NOT USE NERVE GAS AS THEY DID IN 1988, IN HALABJA (GEOCOORD:3511N/04559E), IRAQ, BECAUSE THEY WERE AFRAID OF POSSIBLE RETALIATION FROM THE UNITED STATES(U.S.) LED COALITION...
What's good for the goose is good for the gander. If white phosphorus is a chemical weapon when Saddam uses it, it is when the US uses it too. And if Iraqis are to be charged for the use of such weapons, then the American commanders at Fallujah should be right there in the dock beside them.