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Hiding Behind Civilians, New Al Mezan Report on: The Continued Use of Palestinian Civilians as Human Shields by the Israeli Occupation Forces

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29 March 2009 |Reference 8/2009

Al Mezan Center for Human Rights has published an English-language report entitled, “Hiding Behind Civilians” which highlights the continued use of Palestinian civilians as human shields by the Israeli Occupation Forces.
This report is based on an Arabic-language version published in July 2008.
  Perhaps ultimately, this Al Mezan report attests to the futility of seeking protection for Palestinians through the Israeli legal system.
In 2005, after a three-year legal battle waged by Palestinian and Israeli human rights organizations, the Israeli High Court finally banned the Israeli Occupation Forces’ (IOF) systematic practice of using Palestinian civilians, including women and children, as human shields.
However, as the witness testimonies in this report demonstrate, and in clear contravention of international humanitarian law, this cruel and sometimes lethal practice continues with immunity in the occupied Palestinian territories (oPt), with tragic consequences for its victims.
Al Mezan has also collected evidence indicating that the IOF continued the use of human shields during its latest aggression on Gaza, codenamed Operation Cast Lead.
Section I of the report presents the position of international human rights law (IHRL) and international humanitarian law (IHL) on the use of civilians as human shields.
It affirms that given the extent of the risk involved in this practice, using civilians as human shields constitutes a gross violation of the norms of IHL, particularly the Fourth Geneva Convention, and is tantamount to the perpetration of war crimes and crimes against humanity.
This section also describes the legal battle fought by human rights organizations to ban this practice under Israeli law, and highlights the IOF response to this ruling which demonstrates clearly that the use of human shields is a systematic IOF policy.
Section II provides an overview of the use of Palestinians as human shields by the IOF since the second Intifada (which started in September 2000) and demonstrates that despite the 2005 Israeli High Court prohibition, this practice continues on a widespread basis in the oPt.
It also explains the different forms of this practice used by the IOF in the oPt.
Section III presents a series of case studies from Gaza based on sworn witness testimonies.
In one incident, a pregnant woman was blindfolded and forced to accompany IOF soldiers for several hours.
In another incident an 11-year-old girl was shot in the stomach after being ordered by Israeli soldiers to go to the home of a relative and instruct him to leave his house.
Other case studies record the use of a 14-year-old boy, medical personnel and families at home as human shields.
Section IV reminds the international community of their legal obligation to act and calls for immediate and effective action to halt this practice before more innocent lives are destroyed.
Al Mezan Center for Human Rights strongly condemns Israel’s continued disregard for the rules of international humanitarian law when dealing with civilians in the oPt, and its non-compliance with international human rights law.
  Al Mezan Center calls on the international community, particularly the High Contracting Parties to the Fourth Geneva Convention relative to the Protection of Civilians in Times of War, to fulfill their legal and moral obligations to immediately stop the ongoing Israeli war crimes and to provide protection to civilians in the oPt.
  Al Mezan Center emphasizes that the continued failure of the international community to fulfill its obligations and its silence on Israeli violations encourages Israel to continue the perpetration of its crimes.
  The report can be viewed here: http://www.
mezan.
ps/en/details.
php?id=8600&ddname=Crimes&id2=7 This report is being supplemented by new cases with testimonies about the use of Palestinian civilians, including children, as human shields during Operation Cast Lead in December 2008 and January 2009.
  Ends