Saturday, November 04, 2006

Shielding Whom?

Israelis Fire on Marchers Aiding Gaza Gunmen, Killing 2

That's the headline in the story today in the New York Times, a story I dealt with yesterday.

A march?

Like in...

...Selma?

No.

You had to continue reading to understand ther essence of this "march".

Israeli troops killed two Palestinian women and wounded some 10 others who were seeking to serve as human shields for Hamas militants holed up in a Gaza mosque on Friday after an overnight standoff. The troops fired on a crowd of women and at least a few men as they marched to the mosque.

Hundreds of women, urged on by Palestinian radio, were flocking to the mosque to try to prevent an Israeli attack and to help an estimated 60 men escape. In the chaos that erupted when the shooting began, the gunmen inside the mosque escaped.


Let's ask a question: was it legal what these ladies were doing?

Human shields are noncombatants whose presence protects certain objects or areas from attack. The use of human shields is illegal under international
humanitarian law.


This includes voluntary human shields. See this and here's an elaboration:-

Both Protocol I and Article 28 of the Geneva Convention (IV) make clear that "the deliberate intermingling of civilians and combatants, designed to create a situation in which any attack against combatants would necessarily entail an excessive number of casualties is a flagrant breach of the Law of International Armed Conflict," according to international law scholar Yoram Dinstein (see his The Conduct of Hostilities under the Law of International Armed Conflict, Cambridge University Press, 2004, pp. 129 - 130).| In short, Hezbollah is in violation of the laws of war when it places missiles and rockets in villages and homes in order to shield them from Israeli attack.

Article 51(7) of Protocol I states: "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 attempts to shield military objectives from attacks or to shield, favour or impede military operations." And the Geneva Convention (IV) holds that "The presence of a protected person may not be used to render certain points of areas immune from military operations." (Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 1949, Laws of Armed Conflicts, 495, 511.) Moreover, the Rome Statute is clear that "utilizing the presence of civilians or other protected persons to render certain points, areas or military forces immune from military operations is recognized as a war crime by Article 8 (2) (b) (xxiii)".


And here's another source:-

Article 51(7) states 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 objectives from attacks or to shield, favour or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations”. Therefore, the unlawfulness and illegality of any practice involving the presence of civilians nearby or on military objects as a means of warfare is evident. Any party at any time is authorised to use such tactics, no matter if the human shields are voluntary or involuntary, and whether the object of the attack is a legitimate target or not.


The funny thing is that Israel's supreme court has banned the use of Palestinian human shields in arrest raids, saying the practice violates international law. The court issued a temporary injunction against the practice in 2002 after a teenager was killed when troops made him negotiate with a wanted militant.

"You cannot exploit the civilian population for the army's military needs, and you cannot force them to collaborate with the army," Aharon Barak said.



No, not in Israel, but in Gaza it is okay and Hamas required community activity.

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UPDATE:

As the women rushed away from the scene, at least two men disguised in women's clothes were seen in the crowd. Jubilant bystanders embraced them, celebrating their escape.

"Our fighters made holes through the nearby houses to the mosque. The women entered the mosque as the fighters managed to guide the gunmen out," said Hamas militant commander Abu Ubaida.

Israel had allowed trucks loaded with medical and food supplies to reach hospitals, and for ambulances to evacuate the wounded, said Colonel Nir Press, head of Israel's Coordination and Liaison Administration for the Gaza Strip.

Palestinian Prime Minister Ismail Haniyeh of Hamas "saluted the women of Palestine ... who led the protest to break the siege of Beit Hanun."

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