Israel e Palestina: o uso de fósforo branco sob o viés do Direito Internacional Humanitário

Abstract

The prolongued conflict between Israel and Palestine causes mass destruction and significant military and civilian losses in the region due to violence from military attacks using powerful and dangerous weapons. Among them, white phosphorus munitions are highlighted by it’s hazardous nature when combusts spontaneously in contact with oxygen but it’s commonly used in israeli troops operations under the justification of producing smoke screens. This study aims at understanding white phosphorus classification under International Humanitarian Law (IHL), as well as analizing how it perceives the usage of the substance by Israel in palestinian territory. This research seeks to fill in a gap in the studies about the lawfulness of the use of white phosphorus, pointing to the hypothesis that the use of such substance is prohibited by international treaties as its seen as a war crime and it’s use by Israel violates the fundamentals of the IHL. It uses a qualitative approach with an exploratory objective, employing a combination of bibliographical research and documentary analyses to achieve its goals. The hypothesis presented showed itself to be partially correct, as the mere use of white phosphorus isn't prohibited by IHL, but its use against civilians and civilian objects is considered a war crime and violates IHL fundamental principles. Therefore, the use of white phosphorus by Israel constitutes a war crime, as Palestinian lives are endangered in attacks that do not respect the IHL principles of distinction and proportionality.