Human Rights Watch Report Exposes Israeli Use of White Phosphorus in Gaza: A Violation of Human Rights

Middle East Human Rights Watch accuses Israel of using white phosphorus in Gaza and Lebanon

Reuters October 13, 2023 2:35 AM UTC

Human Rights Watch, an international human rights organization, has accused Israel of using white phosphorus munitions in its military operations in Gaza and Lebanon. The organization claims that the use of such weapons puts civilians at risk of serious and long-term injury. Israel’s military, however, has stated that it is currently unaware of the use of weapons containing white phosphorus in Gaza and has not commented on the allegations regarding Lebanon.

Israel has been carrying out airstrikes in Gaza in response to a rampage by Hamas in southern Israeli towns, which resulted in the deaths of at least 1,300 people. In the midst of this situation, Human Rights Watch claims to have verified videos taken in Lebanon and Gaza, showing the use of white phosphorus munitions. The organization provided links to social media videos that allegedly demonstrate the use of these munitions as smokescreens, marking, or signaling. While Palestinian TV channels have broadcasted videos showing thin plumes of white smoke in the sky over Gaza, Reuters could not independently verify the accounts provided by the rights group.

It is important to note that Israel’s military announced in 2013 that it was phasing out white phosphorus smokescreen munitions used during its offensive in Gaza from 2008 to 2009. However, it did not specify whether it would review the use of weaponized white phosphorus, which is designed to incinerate enemy positions. White phosphorus is legally permitted for certain uses on battlefields, such as creating smoke screens, generating illumination, marking targets, or burning bunkers and buildings. While it is not banned as a chemical weapon under international conventions due to its legal uses, it can cause serious burns and start fires. Protocol III of the Convention on the Prohibition of Use of Certain Conventional Weapons considers white phosphorus an incendiary weapon and prohibits its use against military targets located among civilians. However, Israel has not signed this protocol and is not bound by it.

Implications and Concerns

The allegations raised by Human Rights Watch regarding the use of white phosphorus munitions by Israel in its military operations in Gaza and Lebanon are deeply concerning. If true, it would represent a violation of international humanitarian law, particularly in terms of the impact on civilian populations. White phosphorus has the potential to cause severe harm, including serious burns and long-term health effects, and its use in densely populated areas raises serious ethical questions.

It is essential that these allegations are thoroughly investigated by independent bodies to determine the veracity of the claims. Both Israel and the international community have a responsibility to ensure accountability and justice. The use of white phosphorus in military operations must be strictly regulated to prevent ongoing harm to civilians and to uphold the principles of human rights and international law.

Ethical Considerations

The use of white phosphorus munitions in areas with a significant civilian population raises ethical concerns. The principle of proportionality is a cornerstone of just war theory, emphasizing the need to minimize harm to civilians during armed conflicts. The use of incendiary weapons like white phosphorus in densely populated areas challenges this principle, as it can cause indiscriminate harm and long-term suffering for non-combatants.

While white phosphorus has legitimate uses in certain circumstances, such as creating smoke screens or illuminating targets, its use must be proportionate and avoid harm to civilians. The potential impact on civilian populations should be carefully assessed before employing such munitions. Additionally, transparency and accountability are crucial, and any alleged violations of international law should be thoroughly investigated.

International Response and Responsibility

The international community has an important role to play in holding governments accountable for their actions during armed conflicts. In the case of alleged violations of international law, such as the use of white phosphorus munitions, independent bodies should be granted access to investigate and document the facts. The findings of these investigations should be used to inform future actions and, if necessary, to pursue justice and accountability for any violations.

Countries that have not ratified Protocol III of the Convention on the Prohibition of Use of Certain Conventional Weapons should consider doing so, as this protocol explicitly addresses the use of incendiary weapons like white phosphorus. Additionally, there must be continued efforts to strengthen international humanitarian law and promote compliance with its provisions.

Advice for Israel and the International Community

Israel should take these allegations seriously and conduct a thorough investigation into the use of white phosphorus munitions in Gaza and Lebanon. Transparency and accountability are essential in order to restore trust and uphold international human rights standards. If the allegations are proven to be true, Israel should reconsider its use of white phosphorus in densely populated areas, particularly when civilians are at risk.

The international community, including relevant international organizations and human rights bodies, should closely monitor the situation and support independent investigations to determine the facts. It is crucial that international pressure be applied to ensure accountability for any violations of international law. Any evidence of wrongdoing should be presented to appropriate international forums to pursue justice and prevent future harm to civilian populations.

In conclusion, the allegations made by Human Rights Watch regarding the use of white phosphorus munitions by Israel in Gaza and Lebanon are deeply concerning. If confirmed, they would represent a violation of international humanitarian law and raise important ethical considerations. Israel must conduct a thorough investigation, and the international community must actively support independent inquiries to ensure accountability. Upholding the principles of proportionality and protecting civilian populations should remain top priorities during armed conflicts.