A/HRC/12/48
page 229
1093. In more general terms, the Mission notes that the statements of the men used as human
shields by the Israeli armed forces during house searches are corroborated by statements made
by Israeli soldiers to the NGO Breaking the Silence. The soldier providing testimony 1 speaks of
the “Johnnie procedure”: “It was the first week of the war, fighting was intense, there were
explosive charges to expose, tunnels in open spaces and armed men inside houses. […] Close in
on each house. The method used has a new name now – no longer 'neighbour procedure.' Now
people are called 'Johnnie.' They're Palestinian civilians, and they're called Johnnies […] To
every house we close in on, we send the neighbour in, 'the Johnnie,' and if there are armed men
inside, we start, like working the 'pressure cooker' in the West Bank.” This soldier then mentions
that some commanders were “bothered” by the fact that “civilians were used to a greater extent
than just sending them into houses.” A second soldier interviewed by Breaking the Silence,
testimony 17, appears to have discussed the “Johnnie procedure” at length, but his testimony was
censored or otherwise cut in that respect, so that we can only read: “They [civilians found in
houses] were used as ‘Johnnies’ (at a different point in the interview the witness described the
‘Johnnie’ procedure, using Palestinian civilians as human shields during house searches), and
then released, and we’re finding them in later searches.” 535
1094. The Mission thus finds that while these testimonies do not confirm the details of the
specific cases it investigated, they strongly support the general allegation that the Israeli armed
forces engaged in the practice of compelling Palestinian civilians to accompany them on house
searches.
1095. In conclusion, from the facts it gathered, the Mission finds that Messrs. Majdi Abd Rabbo,
Abbas Ahmad Ibrahim Halawa, Mahmoud Abd Rabbo al-Ajrami and AD/03 were captured by
the Israeli armed forces while they were in their homes, in some cases together with their
families, and were then forced at gunpoint to search houses together with the Israeli armed
forces. The Mission also finds on the basis of those facts that they were all subject to cruel,
inhuman and degrading treatment during their captivity.
G.
Legal findings
1096. Several provisions of international humanitarian law prohibit the practice of using civilian
men captured by the armed forces to search houses in which the invading army suspects the risk
of ambushes or booby traps.
1097. This practice constitutes the use of involuntary human shields and is a violation of article
28 of the Fourth Geneva Convention which reads: “The presence of a protected person may not
be used to render certain points or areas immune from military operations.” Article 51, paragraph
7, of Additional Protocol I (set out in full in chapter VIII above) adds that “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
Soldiers’ Testimonies…, pp. 7–8 and 46. A third soldier recounts discussing the use of Palestinian civilians with
his unit commander. The unit commander denied knowing about this, but the soldier concludes: “This procedure of
using civilians exists, he knows about this. 'Neighbour procedure' is an official army procedure; it's just not called
that any longer. The brigade commander was on the ground the whole time. He even came to visit us one day. An
official army procedure means army instructions.” Ibid., p. 107.
535
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