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The Use of Radioactive Uranium in Israeli Military Operations - An International Humanitarian Law Perspective

By: Mutasem Awad

 In a recent exclusive interview with Al-Jazeera Satellite Channel, Professor Christopher Busby from the European Committee on Radiation Risk, announced the results of his research and analysis having examined air and soil samples in the Gaza Strip months after the 22 days of Israeli military operations there had ceased.

 Prof. Busby is one of the most prominent and widely respected radiation experts in the world, and an accredited witness on international fora such as the UN. In the past, he has testified on the impact of weapons used in wars in Iraq, Kosovo and Lebanon. The Israeli authorities prevented Professor Busby from entering the occupied Gaza Strip to undertake the necessary analyses, but with the help of other physicians he was able to obtain the samples he needed.

 The professor said that he had obtained two items to analyze, one of which was a filter from an ambulance covered with dust, and the second was some soil from a hole created by an Israeli bomb. He stated that the analysis showed the filter to contain a degree of uranium, and that the soil sample contained a high degree of enriched uranium. Analysis also showed a high degree of zinc, chrome, and neopium  in the air. This is not the first analysis carried out by Professor Busby, he also discovered a high rate of uranium in Lebanon after examining samples from the area in the wake of the Israeli aggression of July 2006.

 Professor Busby said, "the real concern is that people can inhale uranium, and this can lead to diseases and health problems, including congenital deformities in children If there is too much uranium in the air, there is a danger of pregnant women giving birth to deformed children, the possibility of children with various types of cancer and an increasing number of cancer cases among adults. This was apparent in Iraq and among people who worked in Kosovo in areas where enriched uranium was used.

 Professor Busby noted that he had faced great difficulty in finding a laboratory to do the necessary analysis of the Gazan samples, indicating that there had been a strong Israeli influence on the laboratories, to such an extent that some of those who did agree to do the analysis, refused to present the results, according to Professor Busby.

  The consequences of the radiation risks posed by uranium may continue for generations. Exposure to radiation can cause genetic defects, which can put future generations at risk of cancer even if they have not been in contact with the original polluted area.

 The recent Israeli military operations in the Gaza Strip, violated the basic rules and customs of war. Every supposedly protected group in Gaza was  a target of Israeli occupation rockets and shells.

  The St. Petersburg Declaration of 1868, which prohibited the use of certain kinds of explosive projectiles set out direct rules and norms to restrict the manufacturing and use of these weapons. These rules and norms became international customs, based on which the use of some weapons were prevented. Examples are the prevention of the use of poisonous gas in 1925, the use of biological weapons in 1972, and of chemical weapons in 1993. Restrictions on the use of land mines were also included in the Ottawa Convention in 1997, and at the end of 2008, states signed the Oslo Convention preventing cluster ammunitions.

 In his report, Professor Busby clearly indicates that the weapons Israel used in Gaza exceeded the objective of war, which is to destroy the military might of the other party. The number of civilian victims and the destruction of non-military private and public properties all indicate that the internationally prohibited excessive use of force was used, as well as weapons which do not distinguish between military and civilian targets, causing unnecessary suffering and having long term negative impact on the health of civilians and the environment.

 Paragraph "C" in rule 12 of the study prepared by the International Committee of the Red Cross on the customary International Humanitarian Law, prohibits indiscriminate attacks which have undefined impact and which Article 85 of the Additional Protocol of 1977 consider to be grave breaches. Rule 70 of the study prohibits the use of any means of war that may cause unwarranted injuries or pains. Article 147 of the Fourth Geneva Convention of 1949, considers the intentional causing of severe suffering, or the inflicting of serious harm on physical safety and health as a grave breach. Rule 45 of the study, prohibits the use of any means of war which aims to, or is expected to cause extreme, prevalent and long term harm to the natural environment. Article 55 of the Additional Protocol also prevents parties to the conflict from using weapons and methods which are expected to inflict harm on the natural environment and the health of the population or their survival.

 So how can Israel justify the use of weapons containing uranium and radiation harmful to humankindhow can Israel justify the use of weapons that expose a population to radiation and maximize the potential for cancer and deformed fetuses?  How can they explain that to future generations of children in Gaza whose lives will continue to be endangered?

 The international community took a step forward at the end of last year, by signing the Oslo Agreement which prevents all state parties from using, producing, transferring and stockpiling cluster ammunitions and which urges the destruction of stockpiles. The Agreement also established a framework for international cooperation and assistance in achieving this objective and in the provision of sufficient care and rehabilitation for the victims of cluster bombs, the cleaning of polluted areas and to promote public education to restrict their dangers.

 We hope a similar initiative will be taken to establish an international convention to prohibit the manufacture and use of radioactive weapons containing uranium or any other radiant material that cause danger to the health and safety of civilians during military operations.

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