Expert comment: The environmental threat to Gaza
11 January 2024
Dr Saeed Bagheri, Lecturer in International Law at the University of Reading, said: “In recent months, there is an argument that Israel may have broken the Additional Protocol I to the 1949 Geneva Conventions, which prohibits actions that cause long-term harm to the natural environment. There may also be evidence to suggest that they have acted contrary to the International Committee of the Red Cross (ICRC) position that the prohibition on inflicting widespread, long-term and severe harm to the natural environment is a rule of customary international law.
“The actions by the Israeli Defence Force in Gaza have left chemicals from white phosphorus weapons that could linger in the environment for years. This can have a long term impact on the soil, affecting the growth of crops, and in Gaza agriculture takes up about a quarter of land. For individual farmers and their communities, this pollution and its long-term impacts could be devastating.
“As with other areas of international law, interpretation is paramount, and it is possible that confusion over the law will mean these actions continue. If the international community cannot agree on the nature of the phrase ‘widespread, long-term and severe damage’, it will be very difficult to apply Geneva law to the environmental impacts of this war. Until there is agreement, it is possible that the actions of the Israeli Defence Force may be legal in terms of environmental impact, although it could have a serious impact on the natural environment of the Gaza Strip for years to come.”