A/HRC/12/48 page 231 ordered the armed forces to desist from any further use of the procedure.540 In reaching this outcome, Supreme Court President A. Barak left no doubt that he considered the “neighbour procedure” to violate article 28 of the Fourth Geneva Convention. He quotes approvingly from J. Pictet’s Commentary to the Fourth Geneva Convention, in which it is stated that “such practices [the use of human shields], the object of which is to divert enemy fire, have rightly been condemned as cruel and barbaric”. 1101. When reporting on its military operations in Gaza, the Israeli Government stated: IDF’s rules of engagement strictly prohibit the use of civilians as human shields. Moreover, the Israel Supreme Court has ruled that use of civilians in any capacity for the purpose of military operations is unlawful, including the use of civilians to call terrorists hiding in buildings. Following this judgement, this latter practice has also been proscribed by IDF orders. The IDF is committed to enforcing this prohibition. The IDF took a variety of measures to teach and instil awareness of these rules of engagement in commanders and soldiers.541 The Israeli Government does not, however, in any way mention the very specific allegations of use of Palestinian civilians as human shields in January 2009 which have been in the public domain since they were published in an Israeli newspaper in March 2009542 and in NGO reports from April 2009 onwards, and which have been brought to the attention of the Attorney-General of Israel in letters by Israeli NGOs. 1102. The Mission further finds from the facts available to it that the conduct of the Israeli armed forces in the cases above violates article 31 of the Fourth Geneva Convention. This provision dictates that “no physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties.” The ICRC Commentary notes that “article 31 prohibits coercion for any purpose or reason and the obtaining of information is only given as an example. Thus, the custom, hitherto accepted in practice but disputed in theory, that an invasion army may force the inhabitants of an occupied territory to serve as ‘guides’ is now forbidden.”543 1103. The questioning of civilians under threat of death or injury by Israeli soldiers, who demanded information about Hamas and the location of Palestinian combatants and tunnels, also constitutes a violation of article 31. The Mission has no information on cases in which such a threat was actually followed by the killing of a captured civilian. However, Messrs. Majdi Abd Rabbo, Abbas Ahmad Ibrahim Halawa and Mahmoud Abd Rabbo al-Ajrami, all claim that they were threatened with execution. Majdi Abd Rabbo also claimed that he was kicked and beaten by soldiers until he gave in to their request to enter the house of HS/08. Mahmoud Abd Rabbo 540 Ibid., para. 25. 541 “The operation in Gaza…”, paras. 227-228. 542 “Gazans: IDF used us as ‘human shields’ during offensive”. 543 p. 220.

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