Central idea
The article explores the legality of using white phosphorus in armed conflicts, focusing on instances like Israel’s alleged use in Gaza. It delves into the ethical concerns, relevant legal frameworks, and the need for strengthening regulations to prevent harm to civilians and the environment.
Key highlights in the Article:
- Human Rights Watch accused Israel of using white phosphorus munitions in Gaza.
- The 2008-2009 Gaza War witnessed allegations of Israel using white phosphorus in the Gaza Strip.
- The UN Fact Finding Mission on the Gaza Conflict condemned IDF’s use of white phosphorus in civilian areas.
- The Israel military, in the case of Yoav Hass and others v. Chief of Staff (2013), agreed to abandon white phosphorus use except in specified situations communicated to the court.
Know about the White Phosphorus (WP):
- Chemical Properties: WP is a chemical substance with phosphorus as its primary component. It has unique properties, including self-ignition in the presence of oxygen.
- Military Applications: Used in incendiary devices like grenades and artillery shells. Creates dense smoke screens for military operations.
- Incendiary Effects: Can cause intense and persistent fires effective against people, equipment, and structures. Poses significant ethical concerns due to its potential for causing severe burns and suffering.
- International Humanitarian Law (IHL): Governed by IHL principles, including distinction, proportionality, and the prohibition of indiscriminate attacks. Use in civilian areas raises concerns about adherence to these principles.
Learn the difference UPSC might trick you in prelims
| Criteria | Chemical Weapons Convention (CWC) | Convention on Certain Conventional Weapons (CCW) |
| Objective | Comprehensive elimination of chemical weapons, toxic chemicals, and precursors. | Restriction of specific conventional weapons causing excessive harm. |
| Coverage | Covers a broad range of chemical agents used in warfare. | Addresses particular categories such as incendiary weapons, blinding lasers. |
| Focus | Prohibits the development, production, and use of chemical weapons. | Addresses concerns related to specific conventional weapons without complete prohibition. |
| Verification | Robust verification regime, including inspections and declarations. | Less extensive verification mechanisms, more targeted to specific weapon categories. |
| Examples | Prohibition of nerve agents like Sarin and VX. | Regulations on incendiary weapons like white phosphorus, blinding lasers. |
Legality in its use:
- Not covered by the Chemical Weapons Convention (CWC) when used as an incendiary weapon, not for chemical warfare. White phosphorus, although a chemical agent and toxic, is not covered by the CWC
- Regulated by Protocol III under the Convention on Certain Conventional Weapons (CCW). Protocol III under the CCW specifically deals with incendiary weapons. Article 1 of this protocol defines an “incendiary weapon” as a weapon or munition primarily designed to set fire to objects or to cause burn injury to persons through the action of flame, heat, or combination thereof, produced by a chemical reaction of a substance delivered on the target.
- Article 1(b)(i) includes an exemption in this classification for munitions that may cause unintended incendiary effects, such as illuminants, tracers, smoke, or signalling systems.
- White phosphorus munitions are primarily intended to produce illuminating and smokescreen effects, with the incendiary aspects being secondary or unintentional. Consequently, incendiary munitions clearly fall within the exceptions outlined in Protocol III’s definition of an “incendiary weapon.”
- When employed as an incendiary weapon and not for chemical warfare, white phosphorus falls under the regulations of Protocol III of the CCW.
- However, Protocol III does not effectively regulate multi-purpose munitions such as those containing white phosphorus, which can cause harm in the same way as the incendiary weapons it defines.
Ongoing Concerns:
- Recent accusations against Israel highlight continued concerns about the use of WP in conflict zones.
- Its effects on civilians and the environment underscore the importance of legal regulations.
- White phosphorus has diverse applications, including creating smoke screens and as an ingredient in incendiary devices.
- Environmental dangers and ethical concerns arise due to its potential to cause severe burns and suffering.
Way Forward:
- Strengthening Protocol III to effectively regulate multi-purpose munitions, including those containing white phosphorus.
- Consideration of legal precedents, such as the Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons and Additional Protocol I of the Geneva Conventions.
- Emphasis on upholding international law, treaties, and protocols to reduce harm to civilians and the environment.
- Strengthening legal frameworks and removing ambiguities would enhance global efforts to curb the misuse of substances like white phosphorus in armed conflicts.
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