Human Shields
In 5/02 Adalah filed a petition on behalf of LAW, the Association for Civil Rights in Israel, Physicians for Human Rights-Israel, B'Tselem, The Public Committee Against Torture in Israel, and HaMoked, against the Commander of the Israeli Army in the West Bank, the Chief of Staff of the Israeli Army, the Minister of Defense, and the Prime Minister.
The petitioners argued that the Israeli military's practice of using Palestinian civilians as human shields and hostages throughout the Occupied Palestinian Territory constitutes inhumane treatment and violates the rights to life, to physical integrity, and to dignity. The petitioners further argued that this practice is a "grave breach" of the Geneva Convention (IV) – 1949, and thus amounts to a war crime. At the petitioners’ request, the Court issued an injunction in 08/02 prohibiting the use of civilians in IDF military operations. In 11/02, Adalah submitted to the Court a motion of contempt again the respondents providing evidence to demonstrate that the Israeli army violated the Court's injunction.
For more information, please refer to H.C. 3799/02, Adalah, et al v. Yitzhak Eitan, Commander of the Israeli Army in the West Bank, et al
The Petition:
Adalah's May 2002 petition against the use of human shields
H.C. 3799/02, Adalah, et al v. Yitzhak Eitan, Commander of the Israeli Army in the West Bank, et al
The Petition (English, Hebrew)
The State's Response (English: 1, 2)
The Supreme Court Decision (English, Hebrew)
The State's November 2005 petition for a re-hearing of the case
H.C. 10739/05 Minister of Defense et. al. v. Adalah
The Supreme Court Decision (Hebrew)
News Updates:
8 May 2002: State responds to petition
18 August 2002: Supreme Court grants temporary injunction against the 'neighbor procedure'
20 November 2002: Adalah and others submit motion for contempt of court
25 December 2002: Petitioners submit additional information on continued use of human shields
29 January 2003: Supreme Court backtracks, allows the use of civilians as human shields, if they consent
3 March 2003: Petitioners submit arguments against new 'assistance order'
29 April 2003: Petitioners submit three new testimonies of Israeli army using human shields
8 July 2003: Supreme Court hearing in conjunction with the case
3 May 2004: Petitioners demand issuance of immediate injunction on using human shields
7 September 2004: Supreme Court holds hearing on the petition and related motions
24 October 2005: Supreme Court bans use of Palestinians as human shields
20 November 2005: Israeli officials request second hearing on the case
13 February 2006: Adalah submits response to state petition
8 March 2006: Supreme Court rejects state motion for a second hearing
28 October 2007: Adalah demands Israeli army publish directives against human shield use
Briefing Papers:
Update Report: "On the Israeli military's continued use of Palestinian civilians, including minors, as human shields," July 2009
Adalah's Briefing Paper: "The Use of Palestinian Civilians as Human Shields by the Israeli Army," February 2005
Adalah's Briefing Paper: "The Use of Palestinian Civilians as Human Shields by the Israeli Army," July 2003
External Links:
B'Tselem, "Human Shield: Use of Palestinian Civilians as Human Shields in Violation of the High Court of Justice Order," November 2002
Human Rights Watch, "In a Dark Hour: The Use of Civilians During IDF Arrest Operations," April 2002
Jonathan Cook, "Declining to Intervene: Israel's Supreme Court and the Occupied Territories" MERIP- 4 August 2003
Jonathan Cook, "Miriam as human shield," Al-Ahram - 28 November 2002
Jonathan Cook, "Judicial Partiality," Al-Ahram - 6 June 2002
