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HRW Lauds Israel’s Agreement To Prohibit Use of “Human Shields”: Report 

HRW states Israel has long way to go regarding law of war violations

With additional reporting by Neveen A. Salem, IOL Staff Writer 

WASHINGTON D.C., May 10 (IslamOnline) – Human Rights Watch (HRW) commended Israel Friday on its decision to prohibit using Palestinian civilians as “human shields” during Israeli military operations in the besieged Occupied Territories, but asserted that Israel still had to address law of war violations in the region. 

Israel has been widely condemned by the international community and human rights organizations for its assaults on Palestinian civilians, including using them as shields to hide behind so that the soldiers would remain safe while civilians would be in the line of fire. 

Human Rights Watch stated that its researchers met with senior Israeli army representatives on May 6, and presented them with detailed research on the use of Palestinian civilians as human shields and the coerced use of Palestinian civilians for military purposes. 

HRW stated that it “gained a commitment from the Israeli army to investigate the practices and agreement that such practices would violate Israel's international obligations.”  

HRW regarded the Israeli decision as “an important step forward toward complying with the requirements of international humanitarian law.”  

Human Rights Watch also urged Israeli forces to take further action to stop the coerced use of Palestinian civilians during military operations, an issue Israel said it would "examine," and reiterated its call for a full investigation into allegations of serious law of war violations committed by Israeli forces in Jenin, HRW stated in a document released Friday.  

"The Israeli army has taken an important step towards respecting the laws of war," said Hanny Megally, executive director of the Middle East and North Africa division of HRW said in a statement released Friday by the group. "But there are many other Israeli army practices that similarly violate international standards and require the same unequivocal and immediate action."

Megally last month stated concern for the Israeli army’s practices of coercing Palestinian civilians into carrying out its brutal policies, saying, "this is an extremely disturbing practice. By marching civilians at gunpoint to do the work of its own soldiers, the IDF is betraying legal principles that every army is obliged to uphold."

In response to a High Court of Justice petition by seven Israeli and Palestinian human rights groups, the Israeli army decided on May 9 to "immediately issue an unequivocal order" to its soldiers, stating that soldiers "are absolutely forbidden to use civilians of any kind as a means of 'living shield' against gunfire or attacks by the Palestinian side, or as 'hostages.'"

The order states that the prohibition applies "in houses, streets, and in every area and place in which Israeli forces are acting." The Israeli army also committed itself to "examine" the use of Palestinian civilians during military operations, HRW went on to report.

Human Rights Watch has reported extensively on the coerced use of Palestinian civilians during military operations, and most recently documented the use of Palestinian civilians as "human shields" and for military purposes during the Israeli military operations in Jenin. In April 2002, Human Rights Watch released a report on the coerced use of Palestinian civilians by Israel, entitled "In a Dark Hour: The Use of Civilians during IDF Arrest Operations."

In its May 2 report entitled "Jenin: IDF Military Operations," Human Rights Watch documented several cases of IDF use of "human shields," including one case in which eight Palestinian men, including a fourteen-year-old boy, were taken from their homes and placed on a balcony overlooking Palestinian fighter positions while Israeli soldiers fired from behind the men. In another case, Israeli soldiers put a sixty-five-year-old Palestinian woman on the exposed roof of her home during a gun battle.

Prior to the May 9 Israeli army decision, rather than investigating the practice, Israeli army officials regularly issued blanket denials about the army’s coerced use of civilians and the use of "human shields." For example, in response to the April 2002 Human Rights Watch report on the coerced use of civilians, Israeli army spokesperson Isaac Greenburg told Agence France-Presse (AFP), "Under no circumstances do we use, or will we ever use civilians to help us. The very idea, the very allegations are preposterous."

"We hope that the Israeli army is finally moving beyond blanket denials and is now taking seriously its duty to investigate and stop abuses," said Megally. "It is the duty of any professional army to investigate abuses, punish those responsible, and issue unambiguous orders to the troops to stop." 

"The Israeli army has taken an important step towards respecting the laws of war. But there are many other Israeli army practices that similarly violate international standards and require the same unequivocal and immediate action," Megally continued. 

Peter Bouckaert, a senior researcher at HRW and co author of the group’s report on Jenin told IslamOnline that HRW was concerned about the “Israeli army’s use of civilians for military purposes other than as human shields.”  

He said that Israel must take steps to ensure that other practices that put Palestinians in direct risk should also be halted. 

He stated that the Israeli statement of compliance does not apply to the wide practice of forcing “Palestinians civilians to knock on their neighbors’ homes in order to conduct searches and open suspicious packages.” 

“The statement form the IDF [Israeli Defense Forces] said they would issue a clearer unequivocal order to [stop the use of] human shields and will examine use of civilians in other military operations. 

“We think it is equally clear that the use of Palestinian civilians violates international law and the law of war and should be banned,” Bouckaert stated to IslamOnline. 

He also went on to voice concern over the Israeli army practice of using live fire against civilians to impose curfews in closed military areas. 

“There is evidence of the widely practices use of live fire against Palestinian civilians found outside of home after curfew in closed military areas. We found evidence of Palestinians in Jenin killed under such practices,” he asserted. 

“Curfews should not be enforced with the use of live fire. This directly violates the law of war and is used widely in West Bank by the Israeli army.” 

He also went on to state that HRW is calling for an investigation into the “very serious laws of war violations committed in Jenin by Israeli forces.”   
 

 

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