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white phosphorus
UN Human Rights Chief Demands Investigation Into Israel's Use of 'High-Impact' Explosives in Gaza
"We have very serious concerns that these amount to disproportionate attacks in breach of international humanitarian law."
Nov 10, 2023
The United Nations' top human rights official on Friday demanded an investigation into the Israeli military's bombardment of densely populated areas of the Gaza Strip with "high-impact explosive weapons," a call that came as Israel's forces surrounded Gaza's largest city and reportedly attacked several hospitals packed with wounded and displaced civilians.
"After four weeks of bombardment and shelling by Israeli Forces in Gaza, the indiscriminate effects of such weapons in a densely populated area is clear," Volker Türk, the U.N. high commissioner for human rights, said in a statement. "Israel must immediately end the use of such methods and means of warfare, and the attacks must be investigated."
"Considering the predictable high level of civilian casualty and the wide scale of destruction of civilian objects," Türk added, "we have very serious concerns that these amount to disproportionate attacks in breach of international humanitarian law."
Israeli forces have dropped a staggering number of bombs on Gaza—a territory that's just 140.9 square miles in size—in just over a month. In the first week of bombing following Hamas' deadly October 7 attack, Israel's military hammered the strip with at least 6,000 bombs, decimating civilian infrastructure as it claimed to be targeting militants.
Since October 7, Israeli attacks have killed more than 11,000 people in Gaza, damaged or destroyed
over half of the territory's housing units, and displaced 70% of the enclave's population. Israel's bombing and siege have also forced many of Gaza's hospitals to shut down.
The New York Timesreported last week that Israel "used at least two 2,000-pound bombs" in its recent attacks on Jabalia, a Gaza city that's home to the territory's largest refugee camp.
"Israel's use of such bombs, the second largest type in its arsenal, is not uncommon, and the size is generally the largest that most militaries use on a regular basis," the Times noted. "Eighty-three countries, including the United States but not Israel, have signed a commitment to refrain 'as appropriate, from the use of explosive weapons in populated areas' because of their likelihood of harming civilians."
Human rights groups have also accused Israel of using incendiary white phosphorus in Gaza and Lebanon.
The International Criminal Court is
currently investigating war crimes committed in Palestine "by any party."
Türk said Friday that an immediate cease-fire is needed to "deliver food, water, and other essential goods to people who desperately need them and where they need them, throughout Gaza; for all hostages to be released; and to open a path to a sustainable way out of this nightmarish situation in Gaza."
"Stop the violence," said Türk. "Guarantee the safety of humanitarian workers. Provide safe access to ensure humanitarian assistance to all those in need. Make sure people have enough to eat, clean water to drink, medical care, and shelter. Free the hostages. Bring to justice—in line with human rights law—the perpetrators of serious violations."
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Amnesty: Israel's Illegal Use of White Phosphorus in Lebanon a Possible 'War Crime'
"This should be front-page news in mainstream media," said one observer. "But it probably won't even warrant mention in this climate. Crazy."
Oct 31, 2023
Amnesty International on Tuesday shared evidence that Israel has unlawfully used artillery shells containing white phosphorus in southern Lebanon amid intensified fighting with the militant group Hezbollah as Israeli forces wage war on the Gaza Strip.
"White phosphorus is an incendiary substance mostly used to create a dense smoke screen or mark targets," the human rights group explained earlier this month. "It burns at extremely high temperatures when exposed to air, and can continue to burn inside flesh. It causes horrific pain and life-changing injuries, and cannot be put out with water."
Amnesty revealed that its researchers "gathered compelling evidence," including photographs and videos, indicating four recent uses of the substance in Lebanon. For one case, the group's Crisis Evidence Lab "verified a video showing artillery-dispersed smoke plumes, consistent with white phosphorus munitions," on the town of Dhayra.
"Launching an indiscriminate attack resulting in loss of life or injuries to civilians or damage to civilian objects is a war crime."
Dhayra Mayor Abdullah al-Ghrayyeb told Amnesty that shelling of the populated civilian area started in the afternoon on October 16 and continued into the night.
"A very bad odor and massive cloud covered the town so that we were not able to see beyond five or six meters in front of us," he said. "This caused people to frantically flee their homes. And when some returned two days later, their houses were still burning. Cars caught fire. Land areas were also burnt down. Until today, you find remnants—the size of a fist—that reignite when exposed to air."
Ali Safieddine, regional director of the Lebanese Civil Defense, facilitated the transfer of civilians to the hospital and the evacuation of Dhayra. He said residents called reporting "bombs that are producing extremely bad odor and causing suffocation once inhaled."
"Four members of our staff as well as a number of people living in Dhayra were admitted to a hospital for suffocation in the past few days," Safieddine told Amnesty on October 17. "We were not able to see even our own hands due to the heavy white smoke that covered the town all night long and lasted till this morning."
Dr. Haitham Nisr confirmed that medical teams treated at least nine patients from the Dhayra, Yarine, and Marwahin who were suffering from shortness of breath and coughing on October 16-17.
"Launching an indiscriminate attack resulting in loss of life or injuries to civilians or damage to civilian objects is a war crime," Amnesty stressed. "This attack on Dhayra, which injured civilians and damaged civilian objects, was indiscriminate and therefore unlawful. It must be investigated as a war crime."
Aya Majzoub, Amnesty's deputy regional director for the Middle East and North Africa, declared Tuesday that "it is beyond horrific that the Israeli army has indiscriminately used white phosphorous in violation of international humanitarian law."
"With concern growing about an intensification of the hostilities in southern Lebanon, the Israeli army must immediately halt the use of white phosphorus, especially in populated areas, in line with its forgotten 2013 pledge to stop using these weapons," she argued. "It must abide by its commitment and stop further endangering the lives of civilians in Lebanon."
Al Jazeera reported Monday that "there is growing fear in Lebanon that fighting between the armed group Hezbollah and Israel could spiral out of control, even as many residents sympathize with the Palestinians under bombardment in Gaza."
After a Hamas-led surprise attack that killed as many as 1,400 Israelis, Israel responded with what's being called a "genocidal" assault of Gaza, killing more than 8,500 Palestinians—including over 3,500 children—and devastating civilian infrastructure. Israeli forces have also been accused of illegally using white phosphorus in the besieged strip.
Human Rights Watch said earlier this month that it "verified videos taken in Lebanon and Gaza on October 10 and 11, 2023, respectively, showing 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."
While Israel Defense Forces spokesperson Lt. Col. Peter Lerner denied Israeli use of white phosphorus in Gaza or Lebanon, Amnesty also said in mid-October that it had "gathered compelling evidence documenting the use of white phosphorus artillery shells by the Israeli army in densely populated civilian areas in Gaza, many of which may be considered unlawful indiscriminate attacks."
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US Weapons Must Not Be Used to Kill Civilians in Gaza
While backing Israeli's assault on Gaza, the Biden administration does not appear to be conducting due diligence to ensure that U.S. military assistance and weapons do not contribute to international humanitarian law violations.
Oct 25, 2023
Following Hamas atrocities in Israel earlier this month, the Israeli government mounted a counteroffensive in which it reportedly dropped 6,000 bombs on Gaza — an area about double the size of Washington, D.C., with triple the population — in the first several days. Many aspects of the Israeli campaign raise serious international law concerns. Regardless of Hamas’ war crimes, the Israeli government is bound to comply with the law of armed conflict. As the leading provider of weapons and military aid to Israel, the United States bears special responsibility for international law violations and harm to civilians.
Investigators and legal experts at leading human rights organizations claim that the Israeli government has used white phosphorus in Gaza, and one organization found that it did so in ways that violate international law. White phosphorus munitions are used as smokescreens, target markers, and incendiary weapons that burn at nearly 1500 degrees Fahrenheit when exposed to the air. Water does not extinguish white phosphorus, and severe burns on just a tenth of a person’s body are often fatal. Survivors of severe burns, respiratory damage, and organ failure are often left with injuries and chronic conditions that can last a lifetime.
Human Rights Watch concludes that using white phosphorus “in densely populated areas of Gaza” violates international humanitarian law, also known as the law of armed conflict. Similarly, Amnesty International researchers found “compelling evidence” of the Israeli military using white phosphorus “in densely populated civilian areas in Gaza, many of which may be considered unlawful indiscriminate attacks.” The Israeli government has denied that it used white phosphorus. Both human rights groups provide extensive information about their research standards and investigation processes.
In its investigation, Amnesty International said it identified U.S. Department of Defense codes on Israel’s phosphorus-based munitions. The munitions may have been exported from the United States. Israel’s military has faced claims it used American white phosphorus before. In 2009, Human Rights Watch and Amnesty International claims to have identified that Israel used white phosphorus munitions made in Louisiana and Arkansas during the 2008–2009 Gaza war. After Israeli rights groups sued, the Israeli military announced plans to “significantly reduce” its usage of white phosphorus munitions in urban areas.
Although white phosphorus provides a specific example of possible U.S. complicity in violations, it is far from the only measure in the war that international law experts have identified as violations or possible atrocity crimes. Israeli defense minister Yoav Gallant ordered a siege on Gaza with “no electricity, no food, no fuel,” an order that experts have identified as a war crime and potential crime against humanity. According to a UN special rapporteur and leading human rights and humanitarian organizations, Israel’s order for 1.1 million people in Gaza to evacuate the northern half of the territory within 24 hours also violated international humanitarian law. In a rare public determination, the International Committee of the Red Cross called the order “not compatible with international humanitarian law.” A group of over 45 UN special rapporteurs condemned “Israel’s indiscriminate military attacks” in Gaza, noting that indiscriminately targeting civilians is a war crime.
While debates among lawyers will doubtlessly continue, the human cost of the Israeli offensive is irrefutable: Gaza’s health ministry reports that Israeli strikes have killed at least 4,300 people, including 1,750 children. Families on both sides of the border mourn loved ones and fear for their safety as Hamas attacks killed over 1,400 people.
Each year, the United States provides $3.3 billion in military aid to Israel annually, making it the top recipient of U.S. foreign military financing. The United States has already begun sending weapons to Israel for use in its offensive, with small-diameter bombs, artillery shells, ammunition, and other weapons already delivered or on the way. Explosive weapons pose an especially high risk to civilians in urban areas.
The State Department recently developed guidance to respond to reports of harm to civilians involving U.S. weapons. Many civilian deaths and damage to civilian infrastructure likely involve weapons from the United States, meaning that the war in Gaza may present the first major test of the guidance reported in September.
But despite the guidance and reports of international law violations, the United States has not placed any conditions on arms transfers to Israel. Defense Secretary Lloyd Austin said, “we would hope and expect that they would do the right things in the prosecution of their campaign.”
Unconditional support could expose U.S. officials to international legal liability for aiding and abetting war crimes, a State Department concern during U.S. support for Saudi-led coalition airstrikes in Yemen. The International Criminal Court already has an open investigation that covers violations in Gaza.
The cornerstone U.S. law on security assistance and human rights — as currently implemented — is probably not being applied to Israeli violations in Gaza. The Leahy Law, which prohibits security assistance to units of foreign security forces credibly accused of gross violations of human rights, has historically not been implemented for the vast majority of US military assistance to Israel. And the U.S. government generally interprets the Leahy Law as inapplicable to wartime violations of the law of armed conflict.
Based on public statements and policy implementation, the Biden administration does not appear to be conducting due diligence to ensure that U.S. military assistance and weapons do not contribute to international humanitarian law violations and atrocities.
The Biden administration should do all it can to protect civilians in Gaza and Israel. But in light of the Biden administration’s reluctance to push the Israeli military to protect civilian lives, Congress must step in.
First and foremost, members of Congress should call for a ceasefire to save civilian lives and pressure the administration to prioritize humanitarian access. A new resolution led by Reps. Cori Bush (D-Mo.) and Rashida Tlaib (D-Mich.) does just that.
Regarding U.S. weapons and other security assistance, legislators must push for President Biden to use U.S. leverage to advocate for a ceasefire and insist that the Israeli military take all feasible precautions to prevent harm to civilians. In line with the Biden administration’s arms transfer policy — which a recently resigned State Department official accused the administration of violating — the United States must not provide the Israeli government with weapons likely to be used in atrocities, based on both current practices and past violations.
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