Relevant United Nations Special Procedures should request information from the Iranian and Iraqi authorities, including the mandate holders addressing the situation of human rights in Iran, extrajudicial or arbitrary executions, hazardous substances and wastes, the right to health, and human rights and the environment.
The International Committee of the Red Cross should seek access to the wounded and engage with the concerned authorities regarding compliance with international humanitarian law. Its role is principally humanitarian and advisory. It is not a criminal prosecutorial body and normally conducts its engagement confidentially.
Iraq should also consider requesting assistance from the International Humanitarian Fact-Finding Commission to investigate alleged serious violations of international humanitarian law. Such an investigation may require the consent of the concerned states, but a formal request would demonstrate Iraq’s willingness to submit the allegations to independent scrutiny.
If preliminary scientific examination indicates that a toxic chemical was intentionally used as a weapon, Iraq should submit a substantiated request for technical assistance to the Organisation for the Prohibition of Chemical Weapons. It should also request consideration of the allegation under the United Nations Secretary-General’s Mechanism for investigating alleged chemical and biological weapons use.
The World Health Organization may provide medical and public-health assistance, including guidance on the treatment of burns and chemical exposure. It should not, however, be presented as the principal body responsible for identifying the weapon or determining criminal responsibility.
The available photographs, medical information, and reports from the affected parties are sufficiently serious to justify an immediate international forensic investigation. They are not yet sufficient to establish conclusively that white phosphorus was used. This evidentiary caution should not be used as a reason for inaction.
Biological samples deteriorate, impact sites are altered, munition remnants may be removed, and digital evidence may be lost. Delay may therefore make an accurate determination impossible. All relevant authorities and international bodies should act without delay to establish the substance and delivery system used, the intended target, the presence of civilians, the chain of command, and the responsibility of those who ordered or carried out the attack.
