The legality of using white phosphorus

Source: This post on the topic white phosphorus has been created based on the article “The legality of using white phosphorus” published in The Hindu on 26^th October 2023.

UPSC Syllabus Topic: GS Paper 2 International Relations — Bilateral, regional and global groupings and agreements.

News: This article discusses the military applications of white phosphorus in the wake of their recent usage by Israel in Gaza. It also highlights the international legal framework associated with its use.

Human Rights Watch has accused Israel of using white phosphorus munitions in Gaza which are putting civilians at risk of serious and long-term injury.

In the past, a 2009 UN Fact Finding Mission on the Gaza Conflict had also condemned Israel’s use of white phosphorus in civilian areas.

What is white phosphorus?

White phosphorus is a waxy, yellowish-to-clear chemical with a pungent, garlic-like odour. It is a highly combustible chemical that burns quickly and brightly when exposed to air.

Its chemical reaction with atmospheric oxygen can create intense heat (about 815°C), light, and smoke

Source: Mohammed Abed/AFP (Al Jazeera).

Read More on white phosphorus here: https://forumias.com/blog/what-is-the-white-phosphorus-that-israel-is-accused-of-using-in-gaza/

What are the military uses of white phosphorous?

1) Employed to create dense smoke screens in combat, hindering visibility and providing cover for military movements.

2) Used in incendiary devices such as grenades and artillery shells, which can result in persistent and intense fires.

What are the safeguards in international law regarding usage of incendiary weapons?

1) Convention on Certain Conventional Weapons (CCW): It imposes restrictions on the use of incendiary weapons, including white phosphorus, with the aim of safeguarding civilians.

2) International humanitarian law: White phosphorus use is subject to the rules and principles of international humanitarian law, which aims to minimize harm to both civilians and combatants in armed conflicts.

3) 1980 Geneva Convention: White phosphorus bombs are internationally prohibited under it. It forbids their use against both humans and the environment.

What should be the way forward?

1) Bringing white phosphorus under the ambit of the Chemical Weapons Convention (CWC).

2) Strengthening and removing ambiguity in Protocol III of the CCW: Protocol III deals with incendiary weapons. It does not effectively regulate multi-purpose munitions such as those containing white phosphorus.

3) Strict adherence to international humanitarian law: Parties involved in armed conflicts must ensure that their actions conform to legal standards.

Question for practice:

In the light of the recent controversy regarding the usage of white phosphorus bombs by Israel in Palestine, discuss the role of various international agreements in protecting the human rights of civilians during war.