By Amos Harel : IDF probes improper use of phosphorus shells in Gaza Strip
Talkback
Title:#1 There is still customary law, Nethanel Lawyer
Name:Johnboy
City: SydneyState: Australia
NL: "Israel is not even signatory of Geneva convention III which disallows napalm and other incidiaries. So Israel can even use napalm in populated areas let alone phosphorus."

Indiscriminate attacks that cause disproportionate harm to civilians is illegal under CUSTOMARY LAW, Nethanel, and Israel is as bound by THAT prohibition as is any other nation.

What we have in the Additional Protocols is an explicit statement by the signatories that the use of napalm and phosporus in populated areas *is* *indeed* just such an indiscriminate and disproportionate violation of the Laws of War.

Those protocols therefore strengthen the hand of those who want to claim that Israel has committed a war crime.

Why?

Because it puts her at loggerheads with those nations who are *bound* by their signatures on the Additional Protocols to argue that this method of use is violation of the CUSTOMARY prohibition against the use of Nasty Weapons Against Defenseless Civilians.