By Tali Caspi
JERUSALEM, Oct 6 (Reuters) -
Israel's army must stop using Palestinian civilians as "human shields"
in operations against suspected Palestinian militants, the Israeli Supreme
Court ruled on Thursday.
Palestinian and Israeli human-rights groups had sought the ruling. The court's decision that the practice is illegal under international law hardened a temporary injunction issued in 2002.
"The army has no right to use civilians as human shields ... It is cruel and barbaric," Supreme Court Justice Aharon Barak wrote in a 20-page judgment.
Israeli troops conducting raids against wanted militants have used Palestinian non-combatants to knock on doors or enter homes of suspects. In several cases, the practice resulted in injury or death of the human shields.
Lieutenant-General Dan Halutz, Israel's army chief, ordered troops to implement the ruling immediately.
"Soldiers will be expected to report to their superiors any violations," Israel Radio quoted Halutz as saying in his directive to the troops.
Rights groups said the army had repeatedly violated the earlier injunction because it left leeway for field commanders to press Palestinian civilians into service with their consent by persuading them their lives would not be endangered.
"I am concerned that when an army unit comes at night, no one would refuse to cooperate out of fear," Barak wrote. "Ninety-nine times out of 100, it is not free will."
INTERNATIONAL LAW
Deputy state prosecutor Shai Nitzan said the ruling mainly addressed the issue of whether soldiers could possibly use Palestinian civilians as shields with their reasoned consent.
"The high court judged the restrictions (contained in the 2002 injunction) insufficient and decided to rule for additional restrictions. It is now not possible to use citizens (as shields) even with their agreement," Nitzan told Israel Radio.
"This is correct and in keeping with international law within the specific context of what it dealt with."
Rights activists deplored the "shields" practice, giving an example of a 13-year-old Palestinian boy caught on film in 2004 tied to the hood of an army jeep during rock-throwing protests by Palestinians in a West Bank village.
"The true test of (Thursday's ban) will be implementation. It is not just enough to issue a ruling. There has to be a very strict process of implementation," said Sarit Michaeli, spokeswoman for leading Israeli human rights watchdog B'Tselem.
"It is crucial that the army brief all soldiers on the issue which is the only way to eliminate any illegal behaviour."
The Israeli army says it has never deliberately put Palestinian civilians in harm's way during its operations to contain a Palestinian uprising since 2000.
It says Palestinian militants have put civilians in danger by routinely using them as cover in teeming urban neighbourhoods.
(Additional reporting by Jonathan Saul in Jerusalem)