[airspirit]

As far as civilian deaths, my understanding of that facet of international law is sketchy. In the case of "incidental death" from attacking a military target (the janitor of a missle silo, or something), it is legal. In the case of mobbing civilians attacking a military unit, it is legal. To walk into downtown Baghdad and start capping grannies: that is forbidden regardless of the state of war.

In WMD situations, all of these guidelines go out the window. If he were to use a WMD on one of our bases (anthrax, VX, botulism, viruses, mustard gas, etc ... all of which he is KNOWN to have with a certainty), we could retaliate against Baghdad with a nuke with impunity. That specter of death is also part of the deterrence theory.

It is never lawful to use a WMD in any circumstance unless one is used against you. In theory, none should ever be used if the law is followed. Here are some clarifications of this, though.

For example: India and Pakistan goes to war. India starts kicking ass and marches across the border into Pakistan (original aggressor, allowing invasion under law), and the Pakis drop a nuke on the invading army, killing 50K. The Indians could then drop a nuke on any target in Pakistan with impunity and remain inside the law (no sanctions). The worst the Pakistanis will get, since they only attacked a military target, though, is sanctions, in all probability.

Next example: Same situation, but Pakistan drops a nukie bomb on New Dehli. Pakistan has now committed a war crime as well as opening the WMD door. India can bomb them with impunity (no sanctions). All Pakistani leadership is now going to be arrested and shipped to the WC tribunal and hopefully executed.

Next example: To soften the Pakis up for invasion, the Indians use a viral weapon on a military target (WMD door is open) which spreads to the civilian population (debatable war crime, depending on circumstance), but now the Pakistanis can nuke Indian targets with impunity (no sanctions).

As you can see, as long as nobody opens the WMD door, civilians cannot be touched. As soon as that door is opened, the floodgates of hell can pour out of it, depending on the fury of the aggrieved nation.