Since Oct. 15, a week after the start of clashes between Hezbollah and Israel on the southern border, the Israeli Army has burned Lebanese forests, olive groves and other agricultural land, often with white phosphorus bombs. This military practice has been described as a "scorched earth policy" by caretaker Minister of Environment Nasser Yassin. Last week, Yassin announced Lebanon's intention to "lodge a documented complaint" against the attacks, which are prohibited by international law and have already destroyed 4.6 million m2 of woodland, 20 hectares of olive groves and 20 hectares of century-old olive groves (some 40,000 olive trees).
Who can submit such a claim and to which legal bodies? Given the ongoing financial crisis, and the government’s inability to compensate farmers for their losses, what chance does Lebanon have of receiving reparations for the chemical attacks? We asked Rizk Zgheib, Associate Professor of International Law at Saint Joseph University (USJ).
Q- When is a strategy described as a "scorched earth policy?"
A- This is a military tactic whereby one side involved in a conflict deliberately destroys another's resources, means of production or the surrounding environment. When such destruction is intentional rather than collateral damage, it is a violation of international humanitarian law.
Q- Israel has not ratified Protocol III of the UN Convention on Certain Conventional Weapons, prohibiting the use of white phosphorus.
A- Nevertheless, its [Israel’s] use [of white phosphorous] still violates customary international humanitarian law, especially as it is indiscriminately and disproportionately aimed at civilians, rather than military targets.