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al-Ajrami was thrown from the second floor of his house after refusing to provide information to
Israeli soldiers, resulting in several broken ribs.
1104. The use of the “neighbour procedure”, now apparently renamed “Johnnie procedure”,
constitutes a violation of fundamental human rights norms. It puts the right to life of the civilians
concerned, protected in article 6 of ICCPR, at risk in an arbitrary and unlawful way. The anguish
to which civilians who, blindfolded and handcuffed, are forced at gunpoint to enter houses which
– this is the reason they are forced to enter the houses – might be booby-trapped or harbour
combatants who might open fire on them, can only be described as cruel and inhuman treatment
prohibited by article 7 of ICCPR. Furthermore, the witnesses were all deprived of liberty and the
security of their person violated. This also constitute a violation of article 9 of ICCPR. The
Mission must state that numerous civilians who came into contact with the Israeli armed forces
during the military operation recounted shocking stories of humiliation that would certainly be in
stark contravention of the principle of respect for human dignity, which forms the core of all
human rights and fundamental freedoms.
1105. The Mission also finds that the intentional use as human shields of those whose accounts
are presented above qualifies as inhuman treatment of and wilfully causing great suffering to
protected persons under the Fourth Geneva Convention. As such, the Mission considers the
conduct of the Israeli armed forces in relation to such persons to amount to grave breaches of the
said Convention. The use of human shields is also a war crime under article 8 (2) (b) (xxiii) of
the Rome Statute.
1106. Finally, the Mission finds that obliging Majdi Abd Rabbo to use a megaphone to call on
the men trapped in the house behind his to surrender, on the grounds that ICRC was present and
they could safely hand themselves over, qualifies as a violation of article 37 of Additional
Protocol I of the Geneva Conventions, which prohibits perfidy. At the time, the Izbat Abd Rabbo
area was a closed military zone into which no one, including ICRC, was permitted to enter.
Perfidy is defined by article 37 as “acts inviting the confidence of an adversary to lead him to
believe that he is entitled to, or is obliged to accord, protection under the rules of international
law applicable in armed conflict, with intent to betray that confidence”. Acts amounting to
perfidy resulting in death or serious personal injury are also a war crime under article 8
(2) (b) (vii) of the Rome Statute.
XV. DEPRIVATION OF LIBERTY: GAZANS DETAINED DURING
THE ISRAELI MILITARY OPERATIONS OF 27 DECEMBER 2008
TO 18 JANUARY 2009
1107. According to information that the Mission received, hundreds of Gazans, including
women and children, were detained by the Israeli armed forces during the military operations.
Their exact number is not known. Some were held for hours or days in homes, other buildings or
sandpits in the Gaza Strip; others were taken into detention in Israel, either immediately or after
an initial period of detention in the Gaza Strip. A number of people were held in army bases (e.g.
Sde Teiman544), others were held in prison, and some released detainees do not know where they
Correspondence with HaMoked, 22 July 2009. See also the testimony of AD/06 taken by Addameer, Prisoners
Support and Human Rights Association.
544
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