Burning Through Law and Bone: Abuse of Dual-Use White Phosphorus in Facilitating Atrocity Crimes

Abstract

This paper examines the state-sponsored weaponization of white phosphorus (WP), emphasizing its dual-use nature as a chemical with both civilian and military applications. While WP is legally employed for purposes such as smoke screening, its unavoidable and indiscriminate secondary effects have been exploited to facilitate atrocity crimes against civilian populations, as shown by extensive cases of WP misuse in urban conflicts. These dual-use dynamics, coupled with regulatory ambiguities in international humanitarian law and dual-use chemical governance, allow state actors to deploy WP munitions with impunity under the pretext of legitimate military use. The paper underscores the urgent need for international regulatory reform to close these legal loopholes, addressing both the primary and secondary effects of dual-use chemicals like WP. Drawing on case studies and the calls of human rights organizations, it advocates for enhanced accountability and the prioritization of civilian protection in contemporary conflict.