Question is did they know it was filled w/ sarin?
That's what I'd like to know. Here's a quote from Kimmit:
The round was an old `binary-type' shell in which two chemicals held in separate sections are mixed after firing to produce sarin, Kimmitt said. He said he believed that insurgents who rigged the artillery shell as a bomb didn't know it contained the nerve agent, and that the dispersal of the nerve agent from such a rigged device was very limited.
http://www.nj.com/newsflash/topstories/index.ssf?/base/international-14/1084804766303550.xml
Are we in court?
We have two casualties as a result of the use of WMD, and we've found other WMD.
I don't care if they knew or not. Is it okay that they set up a roadside IED, and then suddenly out of bounds that it happened to have Sarin in it?
We don't need to prove intent. All we need to know is that they have used chemical weapons against allied forces in Iraq. Being there is no formal command and control structure on the enemy side, I think the whole question of 'intent' to use chemical weapons on us is moot.