A/HRC/10/22
page 33
Alleged use of white phosphorous weapons in civilian areas by the Israel Defense Forces
18. There have been allegations of white phosphorous being used during the IDF attacks in
Gaza. The use of weapons is governed by the general principles on the conduct of hostilities, i.e.
the principles of distinction, proportionality and precaution, as outlined in the legal framework
section. In addition, although not specifically banned in any treaty, the use of incendiary
weapons is limited by Protocol IIIb of the 1980 Geneva Convention.c
19.
The following are two reports on incidents that have been verified:
In Jabalia, on 10 January 2009, white phosphorous shells hit a family house which is
located west of the (former) Civil Administration building. Two children were seriously injured
from burns (two 16 year old boys). The first boy is in Shaifa Hospital and the other who is
suffering from third degree burns has been transferred to a hospital in Egypt.
At 6:30 a.m. 18 January 2009, the IDF fired several shells - some of which appeared to be
white phosphorus - which landed in and around the UNRWA Beit Lahia Elem School that
sheltered displaced civilians. One shell struck a classroom, where civilians were sheltered. The
shell broke through the roof and exploded on the ground, spreading its shrapnel into classrooms.
Two children (5 and 7) were killed and their mother was injured. Total number of injuries from
this incident was 14. Four of the injured indicated phosphorous burns (including one child)
UNWRA has stated that they have evidence of white phosphorous having being fired into their
installations, including the UNWRA school in Beit Lahia. This is also supported by video
footage of phosphorous shells being used.d
20. The aftermath of the conflict has left many risks for children in the form of unexploded
ordnances, small arms and possible contaminated shrapnel which has already resulted in deaths
b
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons
Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects
of 10 October 1980.
c
Israel did not ratify the Third Protocol but its military manuals reflect restrictions on white
phosphorus use (A 1998 Israeli military manual states: “Incendiary arms are not banned.
Nevertheless, because of their wide range of cover, this protocol of the CCW is meant to protect
civilians and forbids making a population centre a target for an incendiary weapon attack.
Furthermore, it is forbidden to attack a military objective situated within a population centre
employing incendiary weapons. The protocol does not ban the use of these arms during combat
(for instance, in flushing out bunkers).”
d
Statement from the Times: The Israeli army has, however, launched an internal inquiry into
whether white phosphorus was used in some cases in built-up areas, having eventually admitted
that it did use the incendiary substance, which is not illegal as a battlefield smokescreen but is
banned from being used in civilian areas. Camera footage from one such attack shows what
appears to be white phosphorous raining down on a UN school in Beit Lahiya, where
Red Crescent ambulances and their crews were stationed.
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