|
Page 1 of 2
  Israeli Use of Palestinians As Human Shields
The Al Mezan Center for Human Rights is a Gaza-based Palestinian NGO mandated "to promote, protect and prevent violations of human rights in general, and economic, social and cultural rights in particular, to provide effective aid to those victims of such violations, and to enhance the quality of life of the community in (Gaza's) marginalized sectors." It monitors and documents violations, provides legal aid and advocacy, and helps Gazans on "fundamental issues such as basic human rights, democracy, and international humanitarian" matters. It also produces reports and publications on its work. In April, it published a seven-case study update of its July 2008 report titled: "Hiding Behind Civilians - The Continued Use of Palestinian Civilians as Human Shields by the Israeli Occupation Forces." This article reviews both reports to highlight what international law unequivocally prohibits. Nonetheless, it's customary IDF practice even though Israel's Supreme Court banned it on October 6, 2005. One Palestinian woman described her experience: "They handcuffed and blindfolded me. Then, they forced us to move out of the room, pushing me with their hands and guns to move although I was blindfolded and pregnant. I heard them pushing others to hurry up as well. I got exhausted and fell down many times. I told them that I was four months pregnant and couldn't continue but a soldier threatened to shoot me." Under Article 3 of the UN General Assembly's 1948 Universal Declaration of Human Rights (UDHR): "everyone has the right to life, liberty and security of person." Under Article 5: "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." Under Article 9: "no one shall be subjected to arbitrary arrest, detention or exile." The General Assembly's 1977 International Covenant on Civil and Political Rights (ICCPR) affirms the same rights. Under Article 17: "no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence." Both international humanitarian law (IHL) and international human rights law (IHRL) protect life, well-being and dignity. ILH deals with armed conflicts while IHRL applies to peace as well as war. Hague and Geneva Conventions comprise the main body of IHL, and strike a balance between military necessity and humanitarian considerations. As an occupying power, Israel is obligated under them. Fourth Geneva protects civilians in war time, including those in Occupied Palestine. It restricts the use of force and prohibits seizing non-combatants as hostages, including persons who've laid down their arms or can't fight because of illness, injury or any other reason. Article 34 states: "the taking of hostages is prohibited." Article 28 states: "the presence of a protected person may not be used to render certain points or areas immune from military operations." Article 29 states: "the Party to the conflict in whose hands protected persons may be, is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred." Protocol I, Article 51, paragraph 7 states: "the presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favor or impede military operations." In other words, using civilians as human shields is prohibited under all circumstances. Further, the International Criminal Court's (ICC) Rome Statute, Article 8 prohibits the "Taking of hostages." Israel isn't a Court member but is obligated under international law. Nonetheless, it flaunts it with impunity. Al Mezan collected sworn testimonies of people's homes seized and used as military posts for days with their residents confined for prolonged periods, beaten and abused, prevented from normal activities, and put in harm's way. Another practice was called the "neighbor procedure," later changed to "the prior warning procedure" to get around a Court prohibition. Israel commandeers civilians, has them knock on neighbors' doors, usually at night, to deliver military orders to submit to arrest. Hostages are put in harm's way when violence at times erupts that may result in deaths or injuries. Finally the practice was banned, but Israel blatantly disregarded its own High Court ruling as well as its clear obligation under IHL. It continues to use civilian men, women and children as human shields. During the Second Intifada (especially for Israel's large-scale West Bank Operation Defensive Shield incursion), Amnesty International (AI) said the following in October 2005: AI "investigated tens of cases where the Israeli army used Palestinians, children as well as adults, as 'human shields' during military operations in towns and refugee camps throughout the Occupied Territories. Palestinians were forced to walk in front of Israeli soldiers who, at times, fired their weapons while shielding themselves behind the civilians. As well (they) were made to enter houses ahead of Israeli soldiers to check for explosives or gunmen hiding inside, to inspect suspicious objects, to stay in their houses when Israeli soldiers took them over to use as sniper positions, or to enter the houses of wanted, possibly armed, Palestinians to tell them to surrender to Israeli forces." Israeli officials lie. As standard practice, they seize Palestinian civilians randomly, including women and young children, then force them into harm's way. Usually to: -- let soldiers commandeer their homes as military posts and for sniper positions;
-- check for possible booby-traps in buildings;
-- order occupants inside to leave;
-- remove suspicious objects anywhere soldiers may go;
-- shield them from gunfire or thrown rocks; and
-- perform whatever other tasks soldiers order under very real threats they'll be shot if they refuse. Case Study Examples - 2008 and 2009 Number 1 On July 10, 2008, the IDF forced Rana Mofeed Awad An-Nabaheen, age 11, to visit a relative's house delivering orders to leave. On return, she was shot in the stomach by other soldiers, unaware she was acting under orders. Family member Mahir Hamdan Mheisin An-Nabaheen provided eyewitness sworn testimony. At about 4:30AM, vehicles, helicopters and gunfire woke him. "I peeked through a window and saw Israeli soldiers breaking into my family member's house and forcing them to get out." Rana delivered orders to leave. He then heard heavy gunfire. "I peeked out and saw Rana near the gate screaming and saying: 'I am injured.' I stepped back into the house and gave her my hand....I pulled her back into the house. The gunfire became heavier. I left Rana bleeding and took cover behind a wall. Rana crawled two steps and lay on the floor....I saw her entrails coming out of her abdomen. A physician in military uniform came, brought a bandage, and put it on her abdomen. The commander fastened Rana to a carrier, then ordered two soldiers to carry her." This case is typical of many others.
|
Commentary 
