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Case Study phosphorus Israel's Response To Goldstone Report: White Phosphorous
Case Study phosphorus Israel's Response To Goldstone Report: White Phosphorous
| Israel's Response To Goldstone Report: White Phosphorous |
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Israel's response to the Goldstone Report, which came out in January, had the following response to the claims about Israel's use of white phosphorous:  (v) The use of weaponry containing phosphorous 117. This investigation dealt with the use of weapons containing phosphorous by IDF forces during the Gaza Operation. The investigation focused on the different types and number of weapons containing phosphorous used during the Operation, the purposes for which they were used, the applicable professional instructions and rules of engagement, and the extent of compliance with those instructions and rules. Some of the findings of the special command investigation are detailed in The Operation in Gaza.107 118. The Military Advocate General reviewed the entire record of the special command investigation. With respect to exploding munitions containing white phosphorous, the Military Advocate General concluded that the use of this weapon in the operation was consistent with Israel’s obligations under international law. 119. With respect to smoke projectiles, the Military Advocate General found that international law does not prohibit use of smoke projectiles containing phosphorous. Specifically, such projectiles are not “incendiary weapons,†within the meaning of the Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons,108 because they are not primarily designed to set fire or to burn. The Military Advocate General further determined that during the Gaza Operation, the IDF used such smoke projectiles for military purposes only, for instance to camouflage IDF armor forces from Hamas’s antitank units by creating smoke screens. 120. The Military Advocate General found no grounds to take disciplinary or other measures for the IDF’s use of weapons containing phosphorous, which involved no violation of the Law of Armed Conflict. Nevertheless, the Military Advocate General’s opinion did not address a number of specific complaints that were received after the investigation concluded and which are being investigated separately.  107 Id. ¶¶ 405-35. Â
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