In the article mentioned below, the government is naturally not forthcoming in its justification for its alleged white phosphorus [WP] use on Falluja. While WP is used to mark targets, it is most effective in marking during daylight operations. WP mortar and artillery rounds emit a large cloud of WP smoke which detonate delayed, on impact, or just above the target. WP rounds help forward observers and F18s reference their high explosive rounds [HE] in the day. Illumination of enemy positions at night is best done by a separate type of round known as an illumination round [Illum]. Illum rounds eject a projectile well above the target area emitting a light carried by parachute with what I think is white phosphorus. Illum rounds in and of themselves are pretty harmless to troops, which is why the government wants you to think this is merely what they were doing. WP rounds however are extremely deadly laying waste to anything in its path. Just imagine a substance that easily melts through steel burning through a body. As far as I know it is considered by international laws of war, to be unethical to intentionally drop WP on personnel.
In proving this war crime, one would need access to the radio communication of the mortar and artillery battery fire direction centers [FDC] at Falluja to establish who made the requests for WP and in what capacity. If WP was requested during fire missions as a means to mark targets for HE use, then I think there is no case. If WP was requested as a "fire for effect" [FFE] on a particular area, especially in an urban environment, then a case could be made for a war crime. Establishing FFE would entail that they were using WP as more than a target marking mechanism. The only use for WP during an FFE is against personnel. In fact WP during "fire for effect" is often done in a mix with HE giving the combined effect of explosive shrapnel with the melting of flesh. This is known as "shake and bake" which is considered an international war crime. [Unlike Abu Gharib, establishment of this war crime will mean that officers heads will roll. Call for fire lines are well monitored by officers in the field and what types of rounds used during the operation are well controlled by officers. It will be tough for higher ups to duck out of this one blaming it on Lance Corporal Schmukatelli.]
If you ask me, I don't see much difference between WP and HE as they both kill, mutilate and destroy. There may be a case that the tactical use of "shake and bake" is justified in a truly just war scenario, but only in a just war and never when innocent civilians are in the way. [What if WP were your last rounds available for use in a lawful defense against a communist human body wave.] The ultimate war crime here is the seige of Falluja. The tactical employments merely measure the level of brutality that the crime was committed.
