Seven Human Rights Organizations Demand that Israeli Army Present Orders Barring Use of Palestinian Civilians as Human Shields and Hostages
On 21 May 2002, the Supreme Court heard a petition submitted by seven human rights organizations, asking that the Court order the Israeli government and army to stop using Palestinian civilians as human shields, as hostages, and for other military purposes. The petition was filed on 5 May 2002 by Adalah, the Association for Civil Rights in Israel (ACRI), LAW - The Palestinian Society for the Protection of Human Rights and the Environment, Physicians for Human Rights - Israel, B'Tselem, The Public Committee Against Torture in Israel, and HaMoked: Center for the Defence of the Individual. The petitioners named as respondents Yitzhak Eitan, Commander of the Israeli Army in the West Bank; Shaul Mofaz, Chief of Staff of the Israeli Army; Benjamin Ben-Eliezer, Minister of Defense; and Ariel Sharon, Prime Minister of Israel.
The petition, written by Adalah Staff Attorney Marwan Dalal, also asked the Court for an immediate injunction to stop the Israeli army's abusive practices. In its response to the request for injunction, submitted on 7 May 2002, the Attorney General's Office announced that the Israeli army (hereafter "the army") would issue an order banning the use of Palestinians as human shields, and would clarify that the use of Palestinian residents to enter homes during military operations is also forbidden "in cases in which the commander in the field believes that a civilian is liable to be injured." The Attorney General's Office also stated that the army intended to conduct a comprehensive investigation on the issue.
At the hearing on 21 May, Adalah Staff Attorney Marwan Dalal argued that the army should provide a copy of the orders that it claimed had been issued, banning the use of Palestinian civilians as human shields and as hostages. The petitioners noted that despite having had two opportunities to present a copy of these orders, in the response to the request for injunction and at the hearing, the respondents had not provided them.
Further, the petitioners asked that the army issue a comprehensive ban on the use of Palestinian civilians for military purposes. While the State's response had implied that it would be appropriate for a military commander to utilize Palestinian civilians as long as they are not liable to be injured, the petitioners argued that a military commander can never be aware of all the facts, and therefore his judgment of the potential danger facing a Palestinian civilian is inadequate.
The Court ordered the respondents to submit a response within 30 days, including a copy of their orders, and clarifying the question of obtaining assistance from Palestinian civilians during military operations. Specifically, the Court requested that the respondents explain what is and is not permitted in this regard, and identify the legal basis for their practices.
H.C. 3799/02, Adalah, et. al. v. Yitzhak Eitan, Commander of the Israeli Army in the West Bank, et. al.
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