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The International Law Review Association: Online Forum

Abstract

Chemical weapons, biological weapons, nuclear weapons, and substance-infused munitions are not new in the art of war. In fact, accounts of toxins and venoms date back to ancient times when bows and arrows were cutting-edge technology. But the existing frameworks regulating these weapons require immediate and more exacting scrutiny. In late 2023, Hamas reignited a generations-old conflict with Israel through a surprise attack. Shortly thereafter, global headlines reported Israel was deploying white phosphorus—a highly volatile substance—into Gaza. The potential devastation of white phosphorus is shocking, yet the existing legal frameworks governing its use are both ambiguous and overly lenient. This Comment argues both for a comprehensive reevaluation of the global governance of chemical and biological weapons and calls for the establishment of a white phosphorus convention. In doing so, it will explore how the current legal frameworks have been shaped by the history of these weapons, analyze the ambiguities surrounding white phosphorus use, and recommend actions to mitigate its deployment and the uncertainty in its regulation.

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