Stimulated by allegations made in an Italian television documentary, a worldwide controversy has developed concerning the use of white phosphorus (WP) munitions by U.S. military forces during the assault on Fallujah, Iraq in November 2004. An important part of the controversy involves accusations that the use of WP munitions in Fallujah violated international law. This Insight examines the international legal aspects of the use of WP munitions by U.S. military forces in Iraq.
On March 3, 2005, the WTO Appellate Body (AB) issued a landmark decision interpreting key WTO provisions on agricultural subsidies and upholding a prior panel ruling finding various US cotton subsidies to be WTO illegal. In September 2004 the panel, in a challenge by Brazil, had ruled that various US agricultural programs constituted illegal subsidies under the WTO Agreement on Subsidies and Countervailing Measures, the Agreement on Agriculture and Article XVI of the GATT 1994.