By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East
KHAN YOUNIS, Gaza – On January 10, Human Rights Watch (HRW) accused Israel of illegal use of phosphorus munitions. In their statement, HRW said that on January 9 and 10, its researchers observed multiple air-bursts of artillery-fired white phosphorus over what appeared to be the Gaza City and the Jabaliya refugee camp.
In addition, Palestinian medics in Khan Younis said the Israelis fired phosphorus shells at Khouza, in southern Gaza, that killed a woman and caused at least 60 people to suffer gas inhalation and burns. The hospital’s chief doctor, Dr. Yousef Abu Rish, said “These people were burned over their bodies in a way that can only be caused by white phosphorus.”
Israel categorically denied HRW’s accusation and Palestinian medics’ reports of recent casualties from white phosphorus, saying that all weapons use were legal. In a statement issued yesterday, military spokesman’s office said: “We don’t specify operational details, nor the type of ammunition that we use, but any ammunition that is used by the IDF [Israel Defense Forces] is within the scope of international law.”
The 1980 Convention on Conventional Weapons says that white phosphorus should not be used as a weapon of war in civilian areas, but there is no blanket ban on its use as a smokescreen or for illumination. However, HRW believes that the use of white phosphorus in densely populated areas, such as Gaza, violates the requirement under international humanitarian law to take all feasible precautions to avoid civilian injury and loss of life.
James Ross, the Legal and Policy Director at HRW, said “We are concerned over its use over a densely populated area…Our concern is that it is being air-fired, often at relatively low altitude. We are particularly concerned over how it can cause severe civilian harm.” When fired into the air, the smoke can provide a useful smoke screen to mask large troop movements. However, the incendiary effects spread over a wider area. Thus, when used in a densely populated area, it could have a widespread devastating impact on civilians.
Munir Albarsh, the Head of Emergency Medicine at Gaza’s Ministry of Health, said that doctors were collecting tissue samples at hospitals across Gaza to send for phosphorus testing at international laboratories. He added that the ministry would demand an independent international investigation into Israel’s use of white phosphorus.
Without independent investigation, there is no way to know for certain whether Israel used white phosphorus in densely populated areas. HRW statement said that their researcher did observe Israel using white phosphorus as an “obscurant,” which is permissible under international law. Additionally, even if the burns were caused by white phosphorus, it is not conclusive on whether its use was illegal under international law.
For more information, please see:
Al Jazeera – Israeli Army ‘Using White Phosphorus’ (Video) – 12 January 2009
Times – Gaza’s Burn Victims Add to Pressure on Army Over Phosphorus – 12 January 2009
Associated Press – Rights Group: Israel Uses Incendiary Bombs in Gaza – 11 January 2009
BBC – Israel Denies Banned Weapons Use – 11 January 2009
HRW – Israel: Stop Unlawful Use of White Phosphorus in Gaza – 10 January 2009
International Middle East Media Center – Human Rights Watch: ‘Israel is Using White-Phosphorus Against Gaza – 10 January 2009
Reuters – FACTBOX – Key Facts About White-Phosphorus Weapons – 10 January 2009
Guardian – Airburst Shells ‘Are Danger to Civilians’ – 9 January 2009
