Use of booby-traps and explosive pagers: A new enigma in warfare

The use of booby traps in the form of explosive pagers by Israel in Lebanon constitutes a violation of international law, particularly under the provisions of Amended Protocol II of the Convention on Certain Conventional Weapons (CCW), to which Israel is a State Party.

Protocol II of CCW addresses the regulation of booby traps and defines it as "any device or material designed, constructed, or adapted to cause death or injury, which functions unexpectedly when a person disturbs or approaches an apparently innocuous object or engages in an apparently safe act". An explosive pager, designed to detonate upon being handled, meets this definition. 

The escalating conflict between Israel and Hezbollah reached a new level of brutality in September 2024. On September 17 and 18, 2024, a series of devastating attacks unfolded in Lebanon.

In these coordinated assaults, thousands of pagers and hundreds of walkie-talkies were detonated across the country, causing widespread destruction and loss of life. The attacks, which occurred amidst a months-long escalation in hostilities, resulted in at least 37 deaths and thousands of injuries.

Notably, booby traps, Improvised Explosive Devices (IEDs), designed to inflict harm when disturbed or triggered, have been employed in conflicts worldwide for centuries. While the use of explosive pagers as booby traps is a relatively recent phenomenon, it highlights the ingenuity and adaptability of those perpetuating violence.

Furthermore, Article 7(3) provides specific prohibitions on the use of weapons, including booby-traps, in civilian areas. This provision requires that such weapons be placed near military objectives or that effective measures be taken to protect civilians from their effects.

The pagers deployment in civilian areas, without clear evidence of their proximity to military objectives or the implementation of adequate protective measures further strengthens the argument that Israel's use of explosive pagers constitute a violation of international humanitarian law.

There are multiple strategies that can be adopted to hold Israel accountable. The United Nations Security Council (UNSC) should first formally acknowledge the situation as a clear violation of international humanitarian law, particularly given its direct contribution to civilian casualties and regional instability.

Subsequently, the Council must then prioritize the drafting of a resolution that demands Israel's immediate cessation of the use of booby traps.

Additionally, the UNSC should impose sanctions, which may include an arms embargo to halt the supply of weapons, travel bans, and the freezing of assets belonging to those responsible.

Furthermore, sector-specific economic sanctions could be applied to industries and entities linked to the deployment of these devices, with the aim of exerting economic and political pressure on the offending state.

In parallel with these punitive measures, the UNSC should also provide support for humanitarian aid efforts to assist the victims of these devices, ensuring that affected communities receive the necessary medical and financial assistance.

In addressing Israel’s use of booby traps, concerned states, such as Lebanon, could also engage with United Nations human rights bodies through the mechanisms provided under international treaties. For instance, Lebanon could file a formal complaint under the procedures outlined in the International Covenant on Civil and Political Rights (ICCPR).

This would bring attention to the human rights violations caused by Israel’s actions, particularly regarding the indiscriminate use of booby traps that affect civilian populations. Additionally, filing a complaint under the ICCPR would contribute to generating broader international discourse on the issue. 

The international community could also effectively invoke the principle of universal jurisdiction under which states are empowered to prosecute perpetrators of serious violations of international law, including war crimes, regardless of their nationality or the location of the crime.

This approach is particularly pertinent given that the use of booby traps can be classified as a war crime under the Geneva Conventions, which specifically prohibit indiscriminate attacks that do not distinguish between combatants and civilians.

Focusing on war crimes offers a clearer legal pathway for accountability as they encompass a range of serious violations committed in the context of armed conflict, including the intentional targeting of civilians and the use of weapons designed to cause unnecessary suffering. This approach also emphasizes the requirement of intent and specific conduct which may simplify the evidentiary burden.

By framing Israel’s actions within this context, the international community can draw upon well-established legal precedents and frameworks that clearly outline the prohibitions against such conduct.
A Special Rapporteur, appointed by the Human Rights Council, could also play a crucial role in holding Israel accountable.

To effectively investigate, the Special Rapporteur should be granted a broad mandate that encompasses all aspects of these pager explosions, including their acquisition, deployment, targeting, and the resulting human rights violations.

Additionally, the Rapporteur should examine whether Israel's actions constitute violations of international humanitarian law, particularly the principles of distinction, proportionality, and military necessity, as well as the prohibitions against the use of booby traps under CCW.