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

Active Wear

Times Magazine

Kindness Tops the List: New Survey Reveals Australia’s Defining Value

Commentary from Kath Koschel, founder of Kindness Factory.  In a time where headlines are dominat...

In 2024, the climate crisis worsened in all ways. But we can still limit warming with bold action

Climate change has been on the world’s radar for decades[1]. Predictions made by scientists at...

End-of-Life Planning: Why Talking About Death With Family Makes Funeral Planning Easier

I spend a lot of time talking about death. Not in a morbid, gloomy way—but in the same way we d...

YepAI Joins Victoria's AI Trade Mission to Singapore for Big Data & AI World Asia 2025

YepAI, a Melbourne-based leader in enterprise artificial intelligence solutions, announced today...

Building a Strong Online Presence with Katoomba Web Design

Katoomba web design is more than just creating a website that looks good—it’s about building an onli...

September Sunset Polo

International Polo Tour To Bridge Historic Sport, Life-Changing Philanthropy, and Breath-Taking Beau...

The Times Features

Restaurants to visit in St Kilda and South Yarra

Here are six highly-recommended restaurants split between the seaside suburb of St Kilda and the...

The Year of Actually Doing It

There’s something about the week between Christmas and New Year’s that makes us all pause and re...

Jetstar to start flying Sunshine Coast to Singapore Via Bali With Prices Starting At $199

The Sunshine Coast is set to make history, with Jetstar today announcing the launch of direct fl...

Why Melbourne Families Are Choosing Custom Home Builders Over Volume Builders

Across Melbourne’s growing suburbs, families are re-evaluating how they build their dream homes...

Australian Startup Business Operators Should Make Connections with Asian Enterprises — That Is Where Their Future Lies

In the rapidly shifting global economy, Australian startups are increasingly finding that their ...

How early is too early’ for Hot Cross Buns to hit supermarket and bakery shelves

Every year, Australians find themselves in the middle of the nation’s most delicious dilemmas - ...

Ovarian cancer community rallied Parliament

The fight against ovarian cancer took centre stage at Parliament House in Canberra last week as th...

After 2 years of devastating war, will Arab countries now turn their backs on Israel?

The Middle East has long been riddled by instability. This makes getting a sense of the broader...

RBA keeps interest rates on hold, leaving borrowers looking further ahead for relief

As expected, the Reserve Bank of Australia (RBA) has kept the cash rate steady at 3.6%[1]. Its b...