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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