By Dr Ajey Lele
The ‘fog of war’ is a reality almost during every war and the same could be the case in regards to the present Israel and Hamas conflict. This ongoing war is about the Israeli brute force against the asymmetric tactics used by Hamas. At this time there is some confusion about the actual military capability of Hamas and their intent during an engagement. Both sides are making diverse claims and counterclaims. It actually becomes difficult to verify them due to lack of clarity in such a bloody war. Today’s wars are much beyond the actual warfare and involve the role of major powers and also that of NGOs, perception management and media management. Since the beginning of this conflict, various state agencies and non-state agencies are found making a variety of claims based on which side they are in support for.
Two humanitarian organizations based on some circumstantial evidence and an eyewitness account have accused Israeli forces of using white phosphorus shells in their bombing missions. There are assertions that such claims have been made only after the verification of the available photos and videos. If this information is true, then it could be said this act by Israel is a violation of international law requiring military forces to take all possible precautions to avoid harming civilians. At present, there are some claims that white phosphorus ammunition is getting used in tandem with the standard high explosive artillery shells. However, Israel Défense Forces (IDF) have denied this allegation.
White phosphorus is one chemical subject which could remain in debate ever. This is because of the legal conundrum. White phosphorus is not banned as a chemical weapon under international conventions. But it is regarded as an incendiary weapon under Protocol III of the Convention on the Prohibition of Use of Certain Conventional Weapons. The protocol prohibits using incendiary weapons against military targets located among civilians. Technically, Israel is safe since they have not signed this convention. Munitions containing white phosphorus can legally be used on battlegrounds to create smoke screens, generate illumination and mark targets. They also could be used to burn bunkers and buildings. The problem is that such weapons have the potential to cause civilian harm due to the severe burns. They are known to have a lingering long-term effect on survivors.
As per the available literature, white phosphorus is a chemical substance, dispersed in artillery shells, bombs, and rockets, that ignites when exposed to oxygen. The chemical reaction creates intense 815-degree Celsius heat. The problem is that the impact is not restricted only towards the creation of thick smoke, but also imposes terrible injuries to the people. The burns caused owing to white phosphorus are very severe in nature and mostly reach down to the bone leading to suffering for lifetime. The process of healing is very slow. An individual may perish only with 10% burns caused by this substance.
It is important to note that this is not the first time the IDF has been blamed for using the white phosphorus. During the 2008-09 Gaza offensive, the Israeli military was charged with using this substance. It was during the Operation Cast Lead (Dec 27, 2008 to Jan 18, 2009), around 200 ground-launched white phosphorus munitions were fired over Gaza. The munitions were the 155mm M825E1 artillery projectiles. The phosphorus related damage was caused up to 125 meters in all directions. Total six incidents were documented by the Human Rights Watch with many civilian casualties. The blasts had also caused damage to the infrastructure like markets, hospitals and schools. Interestingly, around 2013 Israeli agencies had claimed that they were phasing out use of the weapons laced with white phosphorus.
Incidentally, during 2004, the Americans had admitted to using this substance in the Fallujah offensive of the Iraq war. In the ongoing Russia-Ukraine war, the Russians have been accused of using white phosphorus in Ukraine, while trying to capture Bakhmut and also during the siege of Mariupol at the beginning of the war. Russia has denied such usage.
The difference between the Israeli case and the Russian case is that Russia has signed the Convention on Certain Conventional Weapons, which bans the use of incendiary weapons. However, on moral ground every state which uses such substances is guilty. Today, in this ‘fog of war’, cries like war crimes allegations are unlikely to be heard. There is a major global support to Israel and not much concern about the innocents dying in Gaza. Even if the allegations of use of white phosphorus get proven, the friends of Israel will argue that, ‘white phosphorus is permitted in war for camouflage movement and there was no intention from Israel to use it as a weapon’!
The author is a consultant, MP-IDSA, New Delhi.
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