No, I'm not asking for your opinions or trying to straw man you.
Though I did ask your opinion about a 'solution' or 'fix' to the entire situation.
And when I have time to properly articulate it I will.
I appreciate your clarity and reference to the law. I have learned a few things and will try to be more careful in my language.
All i was trying to do was to clarify that dropping WP could still be a war crime even if its not an incendiary device.
You're muddying the water with your phrasing.
It's not a war crime to use WP. Full stop. End of story. It's really that simple.
Committing a war crime while using WP is a war crime, yes; but that has nothing to do with the WP. It's also a war crime of you commit a war crime with a conventional bomb or a rifle or a standard C-13 fragmentation grenade.
WP is a conventional munition like any other munition. Which means it's characteristics need to be considered, but again that's true of everything.
If there's a bad guy in a room full of civilians it's not a war crime to shoot him in the head with a pistol. But it is a war crime to toss a grenade in there with no due regard for the civilian lives. The fact that a grenade has an area of effect does not mean special rules apply. You also couldn't shoot the civilians with the pistol you legally used to kill the bad guy or you'd also be committing a war crime. In either case it's not the use of the grenade or pistol that are the war crime, it's the indiscriminate murder of civilians.
So yes, if you drop WP on a group of kids playing in a school playground, you committed a war crime. But the war crime is not the use of WP; the war crime is the murder of children. You also couldn't drop a GBU-43B on the playground or fire a TLAM or PGM-19 into it. You couldn't even fire a standard M1028 anti-personnel tank round or open up with a machine gun at it. But it wouldn't be the use of the bombs, the missiles, the tank munition or the machine gun rounds that would be the war crime, is would be the murder of children.
So yes, it's possible to use WP in commission of a war crime. But that still doesn't make the use of WP a war crime.