Lebanon’s War Crime Zone

According to the Charter of the United Nations under article 2(4) all members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other way inconsistent with the purposes of the United Nations. The exception to the general rule is enshrined in article 51 of the charter which recognises, "Nothing in the present Charter shall be considered to limit an individual or a collective inherent right to self-defence if an armed attack is initiated against a United Nations member until the Security Council has taken the necessary measures to ensure international peace and security".

Targeting Hezbollah, which has been backed by Iran, Israel has begun a ground invasion across its northern border into Lebanon. Around 700 people have died since September 23 of which more than 50 are children. Many establishments have been destroyed and more than a million people have been displaced from their homes. Interestingly, as reported in CNN, the Israeli officials have characterised it as "localised-raid and no long-term occupation". On 24 September, Lebanese Health Ministry reported 558 deaths, including 94 children and 94 women.

Even during wars, specific rules have to be adhered to. As per Article 51 of the Additional Protocol (I) to the Geneva Conventions 1977, protection regime of the civilians was established and under Article 51(2) 'intentionally targeting civilians' was strictly prohibited.  Israel has been using white phosphorus in south Lebanon since last year October, placing individuals there at serious life risks and causing massive displacement of civilians. White phosphorus is a chemical that burns when it comes in contact with oxygen. Its burning properties may cause deaths or terrible wounds that may last for a lifetime. Under international humanitarian law, using airburst white phosphorus in populated regions is unlawfully indiscriminate as it fails to adhere to the legal need to take all reasonable care to protect civilians.

According to Human Rights Watch, "Israeli forces have used white phosphorus munitions in at least 17 south Lebanon villages, including 5 municipalities where unlawful airburst weapons were used over densely populated residential areas". The 1977 Protocol introduced restrictions against indiscriminate attacks under Article 51(4). Chemical, biological, and cluster bombs are examples of indiscriminate war weapons. In terms of "proportionality and necessity" in the case of DRC v Uganda (2005) it was rightly observed, "in response to a trans-border strike, aiming deep into the aggressor's territory is neither necessary nor proportionate".

The 'Hezbollah' members had been using 'pagers' as their communication tool for the past few years in order to escape the GPS tracking system. On 17 and 18 September thousands of pagers exploded at the same time and claimed 37 lives including of a nine-year-old girl and a medical personnel. After the USA and other official comments suggested that Israel might be responsible for this attack, Israel refrained from commenting on the same. According to a number of reports, "those recently used pagers contained PETN explosives that the Israelis had rigged before they arrived in Lebanon". The Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices of 1996 intends to prohibit booby-traps, and the weaponisation of the communication devices appears to violate that restriction and may constitute war crimes. Using an explosive device whose precise location could not be reliably determined would be unlawfully indiscriminate, meaning that it could not be targeted specifically at a military object and would therefore strike both military and civilian targets equally.

Israel used large-scale aircraft bombing, including known sites of humanitarian workers, residential buildings, and hospitals. The international community needs to take stronger steps against such inhumane atrocities.

The writer is Bar-at-law and PGD in Bar Vocational Studies, City Law School, City University of London.