GAZA CITY, 7 October 2005 — The Israeli Supreme Court yesterday barred the use of Palestinians by the Israeli Army as human shields.
The court’s decision that the practice is illegal under international law hardened a temporary injunction issued in 2002.
“The army has no right to use civilians as human shields... It is cruel and barbaric,” Supreme Court Justice Aharon Barak wrote in a 20-page judgment.
Israeli troops conducting raids into Palestinian areas have used Palestinian non-combatants to knock on doors or enter homes of suspects. In several cases, the practice resulted in injury or death of the human shields.
Lt. Gen. Dan Halutz, Israel’s army chief, ordered troops to implement the ruling immediately.
“Soldiers will be expected to report to their superiors any violations,” Israel Radio quoted Halutz as saying in his directive to the troops.
Rights groups said the army had repeatedly violated the earlier injunction because it left leeway for field commanders to press Palestinian civilians into service with their consent by persuading them their lives would not be endangered.
“I am concerned that when an army unit comes at night, no one would refuse to cooperate out of fear,” Barak wrote. “Ninety-nine times out of 100, it is not free will.”
Deputy state prosecutor Shai Nitzan said the ruling mainly addressed the issue of whether soldiers could possibly use Palestinian civilians as shields with their reasoned consent.
“The high court judged the restrictions (contained in the 2002 injunction) insufficient and decided to rule for additional restrictions. It is now not possible to use people (as shields) even with their agreement,” Nitzan told Israel Radio.
— Additional input from agencies
