Israeli high court bans military use of Palestinians as human shields
· Even 'volunteers' breach Geneva pact, judge rules
· Human rights victory after three-year struggle
Chris McGreal in Jerusalem
The Israeli high court yesterday ruled that the army's long-standing practice of using Palestinian civilians as human shields in combat is illegal under international law. It said the military's claim to have amended the procedure to allow civilians to "volunteer" to work with the army was still unacceptable because it was unlikely anyone would freely do so.
"You cannot exploit the civilian population for the army's military needs, and you cannot force them to collaborate," said the Israeli chief justice, Aharon Barak. "Based on this principle, we rule it illegal to use civilians as human shields."
The case was brought more than three years ago by human rights organisations that said the army routinely forced Palestinian civilians into dangerous situations as a means to protect soldiers. Some of the most common methods were to force Palestinians into buildings to see if they were booby-trapped, or to enter the hideouts of wanted men and tell them to surrender. Soldiers also forced civilians to stand in front of them when on patrol.
At least one human shield was killed, and others have been wounded. Nidal Daraghmeh, a 19-year-old Palestinian student, was shot dead after troops forced him to knock on the door of a wanted Hamas fugitive and shooting broke out.
Seven Israeli and Palestinian human rights groups told the court the use of civilians in any capacity in military operations breached the Geneva conventions.
· Even 'volunteers' breach Geneva pact, judge rules · Human rights victory after three-year struggle
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