[Above Photo: Israeli soldiers use a Palestinian man as a human shield to plant an automatic shooting machine in a besieged house, in contravention to the Fourth Geneva Convention, during a military operation in the West Bank city of Bethlehem, 3 November 2006. (MaanImages/Magnus Johansson)HRW: "Israel, Stop Forcing Civilians To Assist Military Operations"
Report: Human Rights Watch,
16 March 2007
ElectronicIntifada
JERUSALEM -- The Israeli army should immediately cease deliberately endangering Palestinian civilians by forcing them to assist military operations, Human Rights Watch said today. During recent military operations in the Old City of Nablus, Israeli soldiers forced at least three Palestinians at gun point, two of them children, to assist in searching apartments for suspects. International humanitarian law prohibits a party to a conflict from using the civilian population or individual civilians in order to attempt to shield military operations.
"The soldiers' actions fly in the face of the Geneva Conventions, an Israeli high court decision, and the IDF's own prior commitments,"said Joe Saunders, deputy program director at Human Rights Watch. "Israel should put an immediate end to this wholly illegal practice which deliberately abuses the immunity to which civilians are guaranteed under international law."
..."It is particularly reprehensible that the Israeli army has forced children to act either as shields or as agents for them in recent military operations,"said Saunders. "
Children are entitled to special protections under international human rights and humanitarian law, and these actions represent a most serious violation of those protections."
Article 51 of the Fourth Geneva Convention prohibits forcing civilians to partake in its military operations, a basic principle of the laws of war which is absolute and affords no derogation.
The convention also prohibits the exercise of "physical or moral coercion against protected persons"(Art. 31), and requires that civilians be protected "especially against all acts of violence or threats thereof"(Art. 27).
Article 51 (7) of Additional Protocol 1 sets out the customary law prohibition that parties must not direct "the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations."
Human Rights Watch said Israeli officials should immediately investigate the IDF's recent operations in the Old City of Nablus, prosecute and sanction anyone responsible for deliberately endangering civilians by forcing them to assist military operations and ensure that military commanders communicate unequivocally any military orders against such practices.
Report: Human Rights Watch,
16 March 2007
ElectronicIntifada
JERUSALEM -- The Israeli army should immediately cease deliberately endangering Palestinian civilians by forcing them to assist military operations, Human Rights Watch said today. During recent military operations in the Old City of Nablus, Israeli soldiers forced at least three Palestinians at gun point, two of them children, to assist in searching apartments for suspects. International humanitarian law prohibits a party to a conflict from using the civilian population or individual civilians in order to attempt to shield military operations.
"The soldiers' actions fly in the face of the Geneva Conventions, an Israeli high court decision, and the IDF's own prior commitments,"said Joe Saunders, deputy program director at Human Rights Watch. "Israel should put an immediate end to this wholly illegal practice which deliberately abuses the immunity to which civilians are guaranteed under international law."
..."It is particularly reprehensible that the Israeli army has forced children to act either as shields or as agents for them in recent military operations,"said Saunders. "
Children are entitled to special protections under international human rights and humanitarian law, and these actions represent a most serious violation of those protections."
Article 51 of the Fourth Geneva Convention prohibits forcing civilians to partake in its military operations, a basic principle of the laws of war which is absolute and affords no derogation.
The convention also prohibits the exercise of "physical or moral coercion against protected persons"(Art. 31), and requires that civilians be protected "especially against all acts of violence or threats thereof"(Art. 27).
Article 51 (7) of Additional Protocol 1 sets out the customary law prohibition that parties must not direct "the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations."
Human Rights Watch said Israeli officials should immediately investigate the IDF's recent operations in the Old City of Nablus, prosecute and sanction anyone responsible for deliberately endangering civilians by forcing them to assist military operations and ensure that military commanders communicate unequivocally any military orders against such practices.
[Above Photo: From the Daily Mail, Friday, April 23, 2004, page 27
Source of Photo: LawrenceOfCyberia.Blogs.Com ]
Background:
Human Rights Watch and Israeli and Palestinian organizations documented numerous cases of Israeli forces using Palestinian civilians as human shields during the early years of the current intifada. After seven human rights organizations petitioned Israel's High Court of Justice on May 5, 2002, the state told that court that:
"the IDF has decided to issue immediately an unequivocal order to the forces in the field. The order states that forces in the field are absolutely forbidden to use any civilians as a means of 'living shield' against gunfire or attacks by the Palestinian side."
However, the state contended that the IDF's use of the "neighbor"or "early warning"procedure, whereby they used Palestinians to gain entry to other houses during military operations, did not constitute shielding and was lawful.
Nonetheless the army declared that where a field commander believed that this practice would endanger a civilian, it would not be used.
Finally after a three-and-a-half-year legal battle, on October 6, 2005, the High Court of Justice ruled that it is illegal for the IDF to use Palestinian civilians during military actions, including through the "neighbor"or "early warning"procedure.
However, even since the High Court's ruling, Human Rights Watch and other organizations have documented several cases of Israeli troops using Palestinian civilians in military operations, including during Israel's prolonged incursions into the Gaza Strip during the second half of 2006.
Human Rights Watch and Israeli and Palestinian organizations documented numerous cases of Israeli forces using Palestinian civilians as human shields during the early years of the current intifada. After seven human rights organizations petitioned Israel's High Court of Justice on May 5, 2002, the state told that court that:
"the IDF has decided to issue immediately an unequivocal order to the forces in the field. The order states that forces in the field are absolutely forbidden to use any civilians as a means of 'living shield' against gunfire or attacks by the Palestinian side."
However, the state contended that the IDF's use of the "neighbor"or "early warning"procedure, whereby they used Palestinians to gain entry to other houses during military operations, did not constitute shielding and was lawful.
Nonetheless the army declared that where a field commander believed that this practice would endanger a civilian, it would not be used.
Finally after a three-and-a-half-year legal battle, on October 6, 2005, the High Court of Justice ruled that it is illegal for the IDF to use Palestinian civilians during military actions, including through the "neighbor"or "early warning"procedure.
However, even since the High Court's ruling, Human Rights Watch and other organizations have documented several cases of Israeli troops using Palestinian civilians in military operations, including during Israel's prolonged incursions into the Gaza Strip during the second half of 2006.
Nablus: Operation "Hot Winter" - Interview with Human Shield:
A Video Israel Doesn't Want You To See:
Related Links:
Human Rights Watch
Nablus Invasion Diary II: Human Shields and Medical Obstruction, Anna Baltzer (14 March 2007)
Israeli army 'used human shields', Katya Adler, BBC News (8 March 2007)
Israeli soldiers use two Palestinian minors as human shields, B'Tselem (9 March 2007)
AP television cameramen filmed and broadcast part of this incident.
Related Material:
Israel Uses Palestinan Girl As Human Shield:
http://www.thepeninsulaqatar.com/Display_n...07030934413.xml
Israel Accused Of Rights Abuses:
http://english.aljazeera.net/NR/exeres/607...50B546DEE1F.htm
IDF Uses Israeli Arabs As Shields:
http://islamonline.net/English/News/2006-08/08/02.shtml
The Human Shields Of Nazareth:
http://counterpunch.org/cook07192006.html
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