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Israel accused of war crimes

Group reports improper phosphorus use

Israel fired white phosphorus shells indiscriminately over densely populated areas of Gaza in what amounts to a war crime, Human Rights Watch said in a report Wednesday.Human Rights Watch (Marc Garlasco Human Rights Watch / The Spokesman-Review)
Howard Schneider Washington Post

JERUSALEM – Israel’s use of white phosphorus artillery shells led to the deaths of at least 12 Palestinian civilians and destroyed millions of dollars in property during the recent three-week war in the Gaza Strip, the organization Human Rights Watch says in a report released Wednesday.

Israeli military officials called the claim “baseless” and said the shells, designed to produce a smoke screen, were used in accordance with accepted rules.

A frequent critic of Israeli military practices, New York-based Human Rights Watch says its review of the Gaza fighting found instances in which white phosphorus rounds were used in urban areas under circumstances that had no clear military rationale. The group calls it a violation of the international laws of warfare.

White phosphorus shells are used as an “obscurant” to hide troop movements or block an enemy’s vision by distributing more than 100 burning, phosphorus-soaked pieces of felt across an area of perhaps 150 yards. While widely employed by modern armies, their use has been criticized because the pieces of felt fall randomly and can set fires or cause deep and sometimes fatal burns if they land on a person.

The risk of such damage rises in urban settings, and the Human Rights Watch report concludes that the Israeli army did not follow proper precautions for their use.

“The Israel Defense Forces (IDF) repeatedly exploded white phosphorus munitions in the air over populated areas, killing and injuring civilians, and damaging civilian structures,” the organization said. That use “violated international humanitarian law, which requires taking all feasible precautions to avoid civilian harm and prohibits indiscriminate attacks.”

An IDF spokesman said in a written statement that the use of white phosphorus during the Gaza conflict is being investigated, along with several other aspects of the operation.

“The investigation is close to conclusion, and based on the findings at this stage, it is already possible to conclude that the IDF’s use of smoke shells was in accordance with international law,” the IDF said. “These shells were used for specific operational needs only and in accord with international humanitarian law. The claim that smoke shells were used indiscriminately, or to threaten the civilian population, is baseless.”

The Human Rights Watch report and the IDF response are part of an intensifying struggle within Israel and internationally to define what happened in Gaza.