1. I am particularly grateful to Dr Françoise Hampson for her pertinent comments on an earlier draft. Fuller expositions of many aspects of jus in bello in the 1991 war, including chapters by Dr Hampson on ‘Means and Methods of Warfare in the Conflict in the Gulf’, and one by myself on environmental aspects, appear in Peter Rowe (ed.), The Gulf War 1990–91 in International and English Law (London: Routledge, 1993).
2. See for example the Institute of International Law’s 1971 Zagreb Resolution on ‘Conditions of Application of Humanitarian Rules of Armed Conflict to Hostilities in which United Nations Forces May Be Engaged’, Annuaire de Πnstitut de Droit International 54 (1971) pp. 465–70.
3. Air Vice-Marshal R.A. Mason, ‘The Air War in the Gulf’, Survival 33 (1991) p. 214.
4. ICRC, The Gulf 1990–1991: From Crisis to Conflict (Geneva: ICRC Publications, 1991) pp. 4–5,10–13 and 43–4. This publication summarizes the following ICRC press releases stressing the applicability of international humanitarian law in this crisis: 1640 of 2 August 1990; 1657 of 14 December 1990; 1658 of 17 January 1991; and 1659 of 1 February 1991. These public appeals were reported in some newspapers at the time: see for example report of the previous day’s ICRC press release in the Independent, 18 January 1991.
5. US Department of Defense, Conduct of the Persian Gulf War: Final Report to Congress (Washington DC, 1992) p. 0–7. (Hereafter Final Report to Congress.)