Human Rights Watch raises concerns over Israel's use of white phosphorus in Gaza, Lebanon

SHAH ALAM - The use of white phosphorus by Israel in military actions in Gaza and Lebanon endangers civilians with a risk of serious and long-term injuries.

Human Rights Watch (HRW) reported this in a question-and-answer document on white phosphorus.

White phosphorus, which can serve purposes such as marking, signalling, and obscuring or be employed as a weapon to ignite fires causing harm to individuals and objects, possesses a substantial incendiary effect.

This effect can lead to severe burns on individuals and the ignition of structures, fields, and other civilian assets in the vicinity.

The use of white phosphorus in Gaza, one of the most densely populated areas globally, exacerbates the threat to civilians and contravenes international humanitarian law, which prohibits unnecessarily endangering civilians.

Middle East and North Africa Human Rights Watch (HRW) director Lama Fakih said any time that white phosphorus was used in crowded civilian areas, it poses a high risk of excruciating burns and lifelong suffering.

“White phosphorus is unlawfully indiscriminate when it bursts into populated urban areas, where it can burn down houses and cause egregious harm to civilians,” he said.

After verifying, HRW said the videos taken in Lebanon and Gaza on Oct 10 and 11, respectively, showed multiple airbursts of artillery-fired white phosphorus over the Gaza City port and two rural locations along the Israel-Lebanon border, and interviewed two people who described an attack in Gaza.

It said that on Oct 11, the organisation conducted telephone interviews with two individuals residing in the al-Mina area of Gaza City.

“We recounted witnessing incidents consistent with the deployment of white phosphorus munitions.

“One of them was in the street at the time, while the other was situated in a nearby office building. Both described a series of ongoing airstrikes before witnessing explosive events in the sky, followed by what they could best describe as white streaks descending to the ground.

“They estimated that the attack occurred sometime between 11.30am and pm,” it added.

Both emphasised that the smell was overpowering. The individual in the office was so affected by the smell that he approached the window to investigate the situation and subsequently filmed the impact, it said.

Upon careful examination of the video footage, HRW confirmed that it was taken at Gaza City's port.

Furthermore, the organisation identified the munitions used in the attack as 155mm white phosphorus artillery projectiles with an airburst capability. Additional videos sourced from social media, which were also verified by HRW, depicted the same location.

The presence of dense white smoke and the distinct odour of garlic are characteristic features of white phosphorus.

HRW also reviewed two videos recorded on Oct 10 from two different locations near the Israel-Lebanon border. Each video showcased the use of 155mm white phosphorus artillery projectiles, apparently employed for purposes such as creating smokescreens, marking, or signalling.

White phosphorus undergoes ignition upon exposure to atmospheric oxygen, continuing to burn until it is deprived of oxygen or exhausts its supply. This chemical reaction generates intense heat, reaching temperatures of about 815°C (1,500°F), along with light and smoke.

When white phosphorus comes into contact with living tissue, it can inflict both thermal and chemical burns, penetrating down to the bone. Its high solubility in fat and, by extension, human flesh exacerbates its damaging effects.

Fragments of white phosphorus can continue to worsen wounds even after medical treatment, potentially entering the bloodstream and leading to multiple organ failures. Even relatively minor burns have the potential to be fatal.

Survivors often experience extensive scarring, which tightens muscle tissue and results in physical disabilities. The traumatic nature of such an attack, the painful treatment that ensues, and the disfiguring scars contribute to psychological trauma and social exclusion.

HRW said that the use of white phosphorus in densely populated areas of Gaza runs contrary to the obligations stipulated under international humanitarian law, which mandate taking all feasible precautions to prevent harm to civilians and loss of life.

This concern was compounded by the technique observed in videos depicting the airbursting of white phosphorus projectiles. The airbursting method disperses 116 burning felt wedges impregnated within the substance over an area ranging from 125 to 250 metres in diameter, depending on the altitude of the burst.

Consequently, this exposes a greater number of civilians and civilian structures to potential harm compared to a localised ground burst. Israeli authorities have not provided any comments regarding the use of white phosphorus during the ongoing conflict.

Israel's utilisation of white phosphorus occurs within the backdrop of hostilities following deadly attacks by Hamas on Oct 7, followed by subsequent rocket assaults that, as of Oct 12, have claimed the lives of more than 1,300 Israelis, including hundreds of civilians.

These attacks have also led to the taking of numerous Israelis as hostages, a violation of international humanitarian law. Concurrently, extensive Israeli bombardment of Gaza has, according to Gaza's Health Ministry, resulted in the deaths of more than 1,400 Palestinians, including scores of civilians, and the displacement of over 338,000 people. Many communities in southern Israel have also been uprooted, with more than 1,500 Palestinian militants reportedly perishing in Israel.

Israeli authorities have imposed restrictions on electricity, water, fuel, and food supplies to Gaza, contravening the prohibition of collective punishment under international humanitarian law. This further compounds the dire humanitarian situation that has persisted for over 16 years due to the Israeli closure.

HRW has previously documented the Israeli military's use of white phosphorus in past Gaza conflicts, including in 2009. Israel is urged to completely prohibit the use of "airburst" white phosphorus munitions in populated areas without exceptions.

There were readily available non-lethal alternatives to white phosphorus smoke shells, including those produced by Israeli companies, which have been used by the Israeli army as obscurants for its forces in the past. These alternatives achieve the same effect while significantly reducing harm to civilians.

In 2013, in response to a petition filed with Israel's High Court of Justice regarding the use of white phosphorus in Gaza, the Israeli military stated that it would refrain from using white phosphorus in populated areas, except in two narrowly defined situations, which were only disclosed to the justices.

Although this ruling did not constitute an official policy change, Justice Edna Arbel called on the Israeli military to conduct a comprehensive review and establish a permanent military directive.

Attacks involving air-delivered incendiary weapons in civilian areas are prohibited by Protocol III of the Convention on Conventional Weapons (CCW). While the protocol contains somewhat weaker restrictions for ground-launched incendiary weapons, it is important to note that all types of incendiary weapons can result in horrific injuries.

Protocol III applies solely to weapons that are "primarily designed" to ignite fires or cause burns, which leads to the belief of certain countries that it may exclude certain multipurpose munitions with incendiary effects, including those containing white phosphorus.

HRW, along with numerous states, has long called for the closure of these loopholes within Protocol III. The attacks in question should serve as an additional impetus for the demands made by at least two dozen countries to address the adequacy of Protocol III during the CCW Meeting of States Parties. The next meeting is scheduled for November at the United Nations in Geneva.

It's essential to mention that Palestine became a signatory to Protocol III on January 5, 2015, and Lebanon on April 5, 2017, while Israel has not ratified it.

“To avoid civilian harm, Israel should stop using white phosphorus in populated areas.

“Parties in the conflict should be doing everything they can to spare civilians from further suffering,” said Fakih.