The Times Australia
Fisher and Paykel Appliances
The Times World News

.

Israel is accused of using white phosphorous. Would this be against international law?

  • Written by Sascha-Dominik (Dov) Bachmann, Professor in Law and Co-Convener National Security Hub (University of Canberra) and Research Fellow (adjunct) - The Security Institute for Governance and Leadership in Africa, Faculty of Military Science, Stellenbosch Univer

Israel’s military is accused of using[1] white phosphorous in an October attack on the Hezbollah militant group in Lebanon, which allegedly injured at least nine civilians[2].

US National Security Council spokesperson John Kirby said[3] this week the Biden administration was “concerned” about the possible use of white phosphorus munitions and that it would be “asking questions to try to learn a bit more.”

Israel has rejected any allegations[4] of the unlawful use of white phosphorus in Lebanon.

But what are the legal uses of this chemical under international humanitarian law? And can its use be considered a war crime?

How white phosphorous has been used before

White phosphorous is a chemical component that ignites on contact with air and burns at around 1,500 degree Fahrenheit[5] (815 Celsius). It can lead to serious injury and or even death if it comes into contact with humans.

Human Rights Watch regards incendiary weapons, such as white phosphorous and napalm, as “among the cruellest weapons used in contemporary armed conflict[6]” due their impact on the human body. Says one Human Rights Watch researcher:

Incendiary weapons are weapons that set fire or burn people.

White phosphorus can be used[7] defensively, though, as a smokescreen to mask troop movements on the ground, to illuminate the battlefield, or as a signalling device. It can also interfere[8] with an enemy’s infrared optics and weapons tracking systems.

But these incendiary weapons can also be used offensively in mortar bombs, rockets and artillery ammunition.

Read more: Why is accountability for alleged war crimes so hard to achieve in the Israel-Palestinian conflict?[9]

White phosphorous was used[10] by many adversaries in both the first and second world wars, targeting enemy soldiers and civilians alike.

The US also used white phosphorus, alongside napalm, in the Vietnam War and more recently in Iraq during the battle of Fallujah[11] in 2004 and against Islamic state in both Syria and Iraq[12].

Russia is also accused of using white phosphorus indiscriminately against civilians and combatants in both Ukraine[13] and Syria.

Human Rights Watch criticised[14] Israel’s use of white phosphorous against Hamas targets in Gaza in 2008–09 and said it was evidence of a potential war crime[15].

Aware of the negative publicity from these reports, the Israeli Defence Forces pledged in 2013 to stop using[16] white phosphorus on the battlefield, saying it would transition to gas-based smoke shells instead.

In this undated photo provided in 2009 by Human Rights Watch, unexploded white phosphorus canisters and shells are seen at a site in Gaza City where Palestinian demining teams collected unexploded ordnance. Marc Garlasco/AP/Human Rights Watch

What international law says about it

Incendiary weapons fall under the 1980 Convention on Certain Conventional Weapons[17]. This treaty aims to protect civilians by limiting the use of certain weapons deemed particularly dangerous. A protocol specifically focused on incendiary weapons defines[18] them as:

any weapon or munition which is primarily designed to set fire to objects or to cause burn injury to persons through the action of flame, heat, or combination thereof, produced by a chemical reaction of a substance delivered on the target.

White phosphorus is not illegal under international law and the law of armed conflict, as long as long it is being used defensively as a smokescreen or as battlefield illumination.

The targeted use of incendiary weapons directly against civilians, however, is illegal and could be considered a war crime. The use of “air-delivered” incendiary weapons (such as white phosphorus dropped from a plane) against a military target that is in a civilian area is also prohibited.

There is an exception, though, if the military target is “clearly separated” from civilians and all “feasible precautions” are taken to limit incidental loss of civilian life or injuries to civilians.

So, this means the targeting of either Hamas or Hezbollah is permissible as long as the white phosphorus is not air delivered and steps are taken to minimise the harm to civilians.

What Israel is accused of doing

Amnesty International has compiled evidence[19] that indicates white phosphorus was likely used in a civilian setting (the Lebanese town of Dheira) in October. Residents also told[20] The Washington Post that Israeli forces had shelled the town with “white phosphorus munitions for hours”.

These reports need thorough investigation to examine what exactly happened and if there was an illegal use of white phosphorous by Israeli forces or whether it was permitted under the guidelines above.

Investigators will need to determine, for instance, if white phosphorous was indeed used and, if it was, whether it was delivered via an airburst or a groundburst[21].

Investigators would also need to determine if the forces took steps to minimise civilian harm. This a very difficult proposition in the current conflict, as both Hamas and Hezbollah are known to embed their fighters within the civilian population[22].

Any direct targeting of civilians or indiscriminate use of air-delivered incendiary weapons would potentially qualify as a war crime under the Geneva Conventions of 1949[23].

In the fog of war, it is more important than ever to have independent verification of the actions of combatants on both sides and a thorough investigation by the International Criminal Court (ICC).

However, prosecution of any alleged war crimes in the current conflict remains extremely difficult[24]. This is due, in part, to the fact Israel is not a member of the ICC and rejects the court’s jurisdiction over its territory and both Hamas and Hezbollah are non-state entities.

References

  1. ^ is accused of using (www.amnesty.org.au)
  2. ^ least nine civilians (www.washingtonpost.com)
  3. ^ John Kirby said (www.washingtonpost.com)
  4. ^ Israel has rejected any allegations (allisrael.com)
  5. ^ 1,500 degree Fahrenheit (www.washingtonpost.com)
  6. ^ among the cruellest weapons used in contemporary armed conflict (www.abc.net.au)
  7. ^ can be used (www.jurist.org)
  8. ^ can also interfere (www.hrw.org)
  9. ^ Why is accountability for alleged war crimes so hard to achieve in the Israel-Palestinian conflict? (theconversation.com)
  10. ^ was used (www.washingtonpost.com)
  11. ^ battle of Fallujah (www.theguardian.com)
  12. ^ against Islamic state in both Syria and Iraq (foreignpolicy.com)
  13. ^ Ukraine (www.abc.net.au)
  14. ^ criticised (www.hrw.org)
  15. ^ evidence of a potential war crime (www.hrw.org)
  16. ^ stop using (www.washingtonpost.com)
  17. ^ 1980 Convention on Certain Conventional Weapons (disarmament.un.org)
  18. ^ defines (ihl-databases.icrc.org)
  19. ^ compiled evidence (www.amnesty.org)
  20. ^ told (www.washingtonpost.com)
  21. ^ airburst or a groundburst (www.hrw.org)
  22. ^ civilian population (www.theguardian.com)
  23. ^ Geneva Conventions of 1949 (www.icrc.org)
  24. ^ extremely difficult (theconversation.com)

Read more https://theconversation.com/israel-is-accused-of-using-white-phosphorous-would-this-be-against-international-law-219809

Times Magazine

Can bigger-is-better ‘scaling laws’ keep AI improving forever? History says we can’t be too sure

OpenAI chief executive Sam Altman – perhaps the most prominent face of the artificial intellig...

A backlash against AI imagery in ads may have begun as brands promote ‘human-made’

In a wave of new ads, brands like Heineken, Polaroid and Cadbury have started hating on artifici...

Home batteries now four times the size as new installers enter the market

Australians are investing in larger home battery set ups than ever before with data showing the ...

Q&A with Freya Alexander – the young artist transforming co-working spaces into creative galleries

As the current Artist in Residence at Hub Australia, Freya Alexander is bringing colour and creativi...

This Christmas, Give the Navman Gift That Never Stops Giving – Safety

Protect your loved one’s drives with a Navman Dash Cam.  This Christmas don’t just give – prote...

Yoto now available in Kmart and The Memo, bringing screen-free storytelling to Australian families

Yoto, the kids’ audio platform inspiring creativity and imagination around the world, has launched i...

The Times Features

Why the Mortgage Industry Needs More Women (And What We're Actually Doing About It)

I've been in fintech and the mortgage industry for about a year and a half now. My background is i...

Inflation jumps in October, adding to pressure on government to make budget savings

Annual inflation rose[1] to a 16-month high of 3.8% in October, adding to pressure on the govern...

Transforming Addiction Treatment Marketing Across Australasia & Southeast Asia

In a competitive and highly regulated space like addiction treatment, standing out online is no sm...

Aiper Scuba X1 Robotic Pool Cleaner Review: Powerful Cleaning, Smart Design

If you’re anything like me, the dream is a pool that always looks swimmable without you having to ha...

YepAI Emerges as AI Dark Horse, Launches V3 SuperAgent to Revolutionize E-commerce

November 24, 2025 – YepAI today announced the launch of its V3 SuperAgent, an enhanced AI platf...

What SMEs Should Look For When Choosing a Shared Office in 2026

Small and medium-sized enterprises remain the backbone of Australia’s economy. As of mid-2024, sma...

Anthony Albanese Probably Won’t Lead Labor Into the Next Federal Election — So Who Will?

As Australia edges closer to the next federal election, a quiet but unmistakable shift is rippli...

Top doctors tip into AI medtech capital raise a second time as Aussie start up expands globally

Medow Health AI, an Australian start up developing AI native tools for specialist doctors to  auto...

Record-breaking prize home draw offers Aussies a shot at luxury living

With home ownership slipping out of reach for many Australians, a growing number are snapping up...