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885. The Mission also finds the attack to constitute a grave breach of the Fourth Geneva
Convention with respect to article 147 regarding wilful killings and wilfully causing great
suffering.
XII. THE USE OF CERTAIN WEAPONS
886. In the course of its inquiries, the Mission was made aware of the use of certain weapons
by the Israeli armed forces. This chapter does not intend to present a comprehensive analysis of
all the aspects raised on the kinds of weaponry used during the military operations. It is rather a
summary of the Mission’s views on a number of issues that arise from the foregoing chapters in
relation to the obligation to take all feasible precautions in the choice of the means and methods
of warfare. Many of the issues brought to the Mission’s attention had already received scrutiny
in the press or as a result of analysis carried out by a number of organizations.481 Among these
issues was the use of white phosphorous, the use of flechette missiles, the use of so-called dense
inert metal explosive (DIME) munitions, and the use of depleted uranium.
A.
White phosphorous
887. White phosphorous was used throughout the ground phase of the operations. The Israeli
Government has set out its reasons for doing so, emphasizing that it is not only not a proscribed
weapon under international law but that it was deployed with a high degree of success.482
888. It has explained that it used white phosphorous in two forms. One was as exploding
munitions used as mortar shells by ground and naval forces. It says that in this form it was
deployed only in unpopulated areas for marking and signalling purposes, and not in an antipersonnel capacity. It claims that, as a result of international concerns, it decided to stop using
these munitions on 7 January 2009, although this was not required by international law. It also
acknowledges the use of smoke projectiles containing felt wedges dipped in white phosphorous.
889. The Mission understands the means of deploying these smoke projectiles was that they
were fired as a canister shell by 155-mm howitzers. The projectile was timed or programmed to
air-burst over its designated target. The canister shell then discharged a quantity of felt wedges
impregnated with white phosphorous, usually in the order of 160 wedges in a fan-like dispersion
earthwards. These wedges with white phosphorous, which is a pyrophoric chemical (that is, selfigniting when in contact with the air), emit smoke and continue to do so until the chemical is
exhausted or deprived of air. Wedges of white phosphorous therefore remain active and have
done so in Gaza for up to 21 and 24 days after discharge. It is technically possible that there are
See, for example, Physicians for Human Rights-Israel, Report of the Independent Fact Finding Mission into
violations in the Gaza Strip during the period 27.12.08-18.01.09, http://www.phr.org.il/phr/files/articlefile
_1241949935203.pdf, Human Rights Watch, Rain of Fire: Israel’s Unlawful Use of White Phosphorous in Gaza
(March 2009), Amnesty International, Fuelling conflict: Foreign arms supplies to Israel/Gaza (February 2009),
Report of the Independent Fact Finding Committee on Gaza, “No safe place…”, paras. 206-207; Summary of the
Report of the United Nations Headquarters Board of Inquiry, paras. 46-56, documentation provided by UNRWA.
481
“The operation in Gaza…”, paras. 406-430. The Mission addressed written questions to the Government of Israel
regarding the use of white phosphorous during the military operations in Gaza. No reply was received.
482
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