Gaza, 3 September 2024 — Since the beginning of Israel’s ongoing genocidal military campaign in Gaza, Al Mezan has documented a plethora of violations of international humanitarian law by Israeli forces and authorities. Israel’s consistent disregard for international law is the direct result of the decades of impunity it has enjoyed, largely due to the leniency shown by the international community, particularly Western states. Among the many violations documented by Al Mezan in Gaza is Israel's use of abducted Palestinians as human shields during the first moments of their captivity. In all reported cases, in the course of military raids and operations that led to the abduction of dozens of Palestinians from Gaza, armed Israeli soldiers forced Palestinians to walk in front of them while they searched homes and neighborhoods.

A 31-year-old Gaza resident, whose identity cannot be made public as he is currently held in an Israeli detention facility, told Al Mezan’s lawyer: “On 16 May 2024, Israeli forces arrested me from my home in Jabaliya, northern Gaza. They forced me to undress, blindfolded me, bound my wrists, and beat me. Then they removed the blindfold and dressed me in an Israeli military uniform, complete with [protective] vest and helmet. They handed me a camera and ordered me to enter one of the tunnels in Jabaliya, with them behind me. I refused, fearing for my life. They then forced me into a house to search it."

A Palestinian resident of Khan Younis released from Israeli detention, recounted the day he was abducted by Israeli forces from Gaza, saying: “On the morning of 10 January 2024, the [Israeli] occupation forces stormed our neighborhood without warning or notice to evacuate. There had been no signs of any coming invasion or military operation. When we heard rapid machine gun fire, we all gathered in one room in the house. There were 52 of us, including immediate family members and in-laws from another displaced family. Occupation army bulldozers—accompanied by some tanks and occupation army soldiers—demolished part of the wall separating us from our neighbors; then they blew up another wall and stormed the house. There were about 20 soldiers. They used my eldest son as a human shield to storm the house, taking him with them as they opened all the doors of the house and searched all the rooms and other areas in the house.”

The prohibition on the use of human shields is expressly stated in Article 28 of the Fourth Geneva Convention of 1949 (concerning protected civilians) and Article 51(7) of the Additional Protocol I of 1977 (concerning civilians in general). The use of human shields is explicitly criminalized as a war crime within article 8(2)(b)(xxiii) of the Rome Statute of the International Criminal Court. Notably, the use of protected persons as human shields is a crime systematically committed by Israeli forces during every ground invasion of Gaza. Al Mezan has documented this practice on numerous occasions, including during Israel’s 2009 and 2014 military offensives against Gaza. Other human rights organizations have also documented Israel's use of Palestinians as human shields, including children, in military operations in the occupied West Bank. 

Despite clear track records of the apparent use of human shields by Israeli military forces across the occupied Palestinian territory (OPT), there is effectively no prospect of justice and legal accountability for any of these incidents through the Israeli legal system. In this context, it must be recalled that Israel’s military investigative system has been well-scrutinized as failing to meet international standards and that it systematically does not provide for a genuine and fair process leading to prosecutions and legal accountability. Al Mezan’s firm position is that the only viable avenue to possibly obtain justice and legal accountability for Palestinian victims, survivors, and their families of apparent international crimes is through the International Criminal Court and other international accountability mechanisms.

We renew our call for the international community to fulfill its legal and moral obligations to the Palestinian people by taking immediate action to halt Israel's genocidal campaign in Gaza and address the grave violations of international law perpetrated by Israeli authorities and military forces. We urge international accountability mechanisms to act swiftly and effectively to hold those responsible for international crimes accountable. It is essential that these mechanisms not only bring perpetrators to justice but also provide reparations to the victims. Immediate and decisive action is necessary to uphold the rule of law, restore the rights of those affected, and prevent further violations.