My position is that the United States should de-escalate an arms race. I don't want to argue about details from examples that I use to support my point.
If you want to labour the point, here's the specific law: https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul...
I'd consider birth defects to be "unnecessary suffering" (this exact wording was used in the Guardian article).
The topic is elaborated on here: Here's an additional link: http://www.austlii.edu.au/au/journals/VicULawJJl/2015/6.html