Israeli Use of Palestinians As Human Shields

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By Stephen Lendman (about the author) Page 1 of 5 page(s)

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Israeli Use of Palestinians As Human Shields - by Stephen Lendman

The Al Mezan Center for Human Rights is a Gaza-based Palestinian NGO mandated "to promote, protect and prevent violations of human rights in general, and economic, social and cultural rights in particular, to provide effective aid to those victims of such violations, and to enhance the quality of life of the community in (Gaza's) marginalized sectors."

It monitors and documents violations, provides legal aid and advocacy, and helps Gazans on "fundamental issues such as basic human rights, democracy, and international humanitarian" matters. It also produces reports and publications on its work.

In April, it published a seven-case study update of its July 2008 report titled: "Hiding Behind Civilians - The Continued Use of Palestinian Civilians as Human Shields by the Israeli Occupation Forces." This article reviews both reports to highlight what international law unequivocally prohibits. Nonetheless, it's customary IDF practice even though Israel's Supreme Court banned it on October 6, 2005.

One Palestinian woman described her experience:

"They handcuffed and blindfolded me. Then, they forced us to move out of the room, pushing me with their hands and guns to move although I was blindfolded and pregnant. I heard them pushing others to hurry up as well. I got exhausted and fell down many times. I told them that I was four months pregnant and couldn't continue but a soldier threatened to shoot me."

Other witness testimonies related similar stories, at times with tragic consequences for its victims. Israel is a party to various human rights laws and conventions. As a result, it's obligated to respect and protect the rights of people it controls.

Under Article 3 of the UN General Assembly's 1948 Universal Declaration of Human Rights (UDHR): "everyone has the right to life, liberty and security of person."

Under Article 5: "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."

Under Article 9: "no one shall be subjected to arbitrary arrest, detention or exile."

The General Assembly's 1977 International Covenant on Civil and Political Rights (ICCPR) affirms the same rights. Under Article 17: "no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence."

Both international humanitarian law (IHL) and international human rights law (IHRL) protect life, well-being and dignity. ILH deals with armed conflicts while IHRL applies to peace as well as war. Hague and Geneva Conventions comprise the main body of IHL, and strike a balance between military necessity and humanitarian considerations. As an occupying power, Israel is obligated under them.

Fourth Geneva protects civilians in war time, including those in Occupied Palestine. It restricts the use of force and prohibits seizing non-combatants as hostages, including persons who've laid down their arms or can't fight because of illness, injury or any other reason.

Article 34 states: "the taking of hostages is prohibited." Article 28 states: "the presence of a protected person may not be used to render certain points or areas immune from military operations." Article 29 states: "the Party to the conflict in whose hands protected persons may be, is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred."

Protocol I, Article 51, paragraph 7 states: "the presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favor or impede military operations." In other words, using civilians as human shields is prohibited under all circumstances.

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I am a 72 year old, retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.

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