Airburst Munitions Used Unlawfully in Populated Areas.

Israel’s widespread use of white phosphorus in south Lebanon is putting civilians at grave risk and contributing to civilian displacement, Human Rights Watch said today. Human Rights Watch verified the use of white phosphorus munitions by Israeli forces in at least 17 municipalities across south Lebanon since October 2023, including 5 municipalities where airburst munitions were unlawfully used over populated residential areas. White phosphorus is a chemical substance dispersed in artillery shells, bombs, and rockets that ignites when exposed to oxygen. Its incendiary effects inflict death or cruel injuries that result in lifelong suffering. It can set homes, agricultural areas, and other civilian objects on fire. Under international humanitarian law, the use of airburst white phosphorus is unlawfully indiscriminate in populated areas and otherwise does not meet the legal requirement to take all feasible precautions to avoid civilian harm. Human Rights Watch interviewed eight south Lebanon residents and verified and geolocated 47 photos and videos from south Lebanon posted on social media or shared directly with researchers indicating the use of white phosphorus munitions. In five municipalities, photos and videos show airburst munitions containing white phosphorus landing on top of residential buildings in the southern Lebanese border villages of Kafr Kila, Mays al-Jabal, Boustane, Markaba, and Aita al-Chaab. The mayor of Boustane said that two people from the village had to be rushed to the hospital as a result of asphyxiation from inhaling white phosphorus smoke following the attack on October 15, 2023.

People told Human Rights Watch that the use of white phosphorus in populated areas in south Lebanon contributed to the displacement of residents from several villages at the Lebanon-Israel border. Lebanon’s Ministry of Public Health said that, as of May 28, exposure to white phosphorus had injured at least 173 people since October. Human Rights Watch did not obtain evidence of any burn injuries resulting from the use of white phosphorus munitions but heard accounts indicating possible respiratory damage. Israel’s widespread use of white phosphorus in south Lebanon highlights the need for stronger international law on incendiary weapons, Human Rights Watch said. Protocol III of the Convention on Conventional Weapons is the only legally binding instrument dedicated specifically to incendiary weapons. Lebanon is party to Protocol III, while Israel is not. Protocol III applies to weapons that are “primarily designed” to set fires or cause burns, and thus excludes certain multipurpose munitions with incendiary effects, notably those containing white phosphorus. In addition, it has weaker regulations for the use in “concentrations of civilians” of ground-launched incendiary weapons – like the ones used in Lebanon – than air-dropped incendiary weapons, even though they produce the same horrific injuries. Lebanon should promptly file a declaration with the International Criminal Court (ICC), enabling the investigation and prosecution of grave international crimes within the court’s jurisdiction on Lebanese territory since October 2023.

Links:
Lebanon: Israel’s White Phosphorous Use Risks Civilian Harm