Human Shields...not just for Palestinians anymore

Discussion in 'Israel and Palestine' started by patrickcaturday, Mar 29, 2012.

  1. patrickcaturday
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    The use of human shields is deplorable and the people who do it should if captured be turned over to the Hague to face criminal charges for war crimes. It should be noted that I deplore its use by all not just Israel, the Palestinians use it also and probably do it more. They are just as guilty !!!



    The applicable law as noted in the following article is Article 28 4th Geneva Convention



    The reason that I am making this mainly about Israel is that I have seen many posts that excoriate the Palestinians for this practice and I want to see if those posters have the integrity to condemn similar actions taken by the Israelis



    Article is from Amnesty International dated 8 Jan 2009

    Gaza civilians endangered by the military tactics of both sides

    Enlarge

    Amnesty International said on Wednesday that both Israeli soldiers and Palestinian fighters are endangering the lives of Palestinian civilians – including by using them as human shields.

    “Our sources in Gaza report that Israeli soldiers have entered and taken up positions in a number of Palestinian homes, forcing families to stay in a ground floor room while they use the rest of their house as a military base and sniper position,” said Malcolm Smart, Amnesty International’s Middle East and North Africa Programme. “This clearly increases the risk to the Palestinian families concerned and means they are effectively being used as human shields.”

    Both Israeli soldiers and Palestinian gunmen are continuing to fire at each other from areas close to civilian homes, endangering their inhabitants.

    Israeli forces have bombed civilian homes and other buildings, arguing that they had been used as cover by gunmen firing at Israeli targets, although Palestinian fighters usually vacate the areas as soon as they have fired.

    “The Israeli army is well-aware that Palestinian gunmen usually leave the area after having fired and that any reprisal attack against these homes will in most cases cause harm to civilians -- not gunmen.”

    “Fighters on both sides must not carry out attacks from civilian areas but when they do take cover behind a civilian house or building to fire it does not make that building and its civilian inhabitants a legitimate military target. Any such attacks are unlawful,” said Malcolm Smart.

    “The use of these tactics at a time when armed confrontations are taking place in streets in the middle of densely-populated residential areas underlines the failure of both sides to respect the protected status of civilians in armed conflict,” said Malcolm Smart. “It underlines too the urgent need for an independent investigation into alleged abuses, including possible war crimes, by both sides and for perpetrators to be held to account.”

    Background
    Following Tuesday’s attack on an UNWRA school in the Jabaliya refugee camp, Israeli government spokespeople said their forces shelled the school after Palestinian gunmen fired at them from it, but this is disputed. The artillery strike, which killed some 40 Palestinians, including children, and wounded more than 50 others, appears clearly to have been a disproportionate attack.

    In the past, Israeli soldiers have frequently taken over Palestinian homes, effectively imprisoning their occupants, to use as military observation and firing positions. In other cases, they have forced Palestinian civilians, at gunpoint, to go before them into buildings from which they feared attack.

    The practice by Israeli soldiers of taking over Palestinian civilians’ homes and holding their inhabitants as human shields while using the house as a shooting position has been very common in the past eight years both in the Gaza Strip and in the West Bank. In a previous incursion in the Gaza Strip in March 2008, Israeli soldiers took over at least three houses in the north and in February 2008 soldiers took over another house in the village of Beit Ummar, near Hebron, in the West Bank.

    Palestinian families caught up in the current fighting in the Gaza Strip report that in some cases Palestinian gunmen have agreed to vacate areas near civilian homes without firing at Israeli forces when local residents have objected to their presence. In other cases, they have refused the residents' requests and only left after firing. In still other cases, residents say they were too scared to ask the gunmen to leave.

    The use of "human shields" is prohibited under Article 28 of the Fourth Geneva Convention which states, "The presence of a protected person may not be used to render certain points or areas immune from military operations." Israel has ratified the Convention which is also recognized as reflecting customary international law and therefore binding on Israel, Hamas and other Palestinian armed groups.

    In an accompanying commentary, the ICRC defined the scope of the provision: "The prohibition is expressed in an absolute form and applies to the belligerents' own territory as well as to occupied territory, to small sites as well as to wide areas."

    The prohibition against the use of human shields is further clarified in Article 51(7) of the Additional Protocol 1 to the Geneva Conventions and reflects customary international law. It states, "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."
     
  2. JStone
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    The Israeli military certainly doesn't condone human-shielding. The US military and Israeli military work very closely together.

    On the other hand, the palesteenian savages boast about human shielding even their own children and wives and grandmothers allahu akbar.

    "We Desire Death Like You Desire Life"
    [ame=http://www.youtube.com/watch?v=CWIDZ7Jpdqg]Hamas - "We desire death like you desire life" - YouTube[/ame]
     
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  3. JStone
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    Colonel Richard Kemp was appointed Member of the Order of the British Empire (MBE), Military Division, on 25 April 1994 in recognition of his intelligence work in Northern Ireland in 1993, and was awarded the Queen's Commendation for Bravery for service as a commander in the United Nations Protection Force in Bosnia in 1994 He was promoted Commander of the Order of the British Empire (CBE), Military Division, in the New Year Honours 2006
     
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  4. patrickcaturday
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    Yeah it really sounds to me like the IDF is against the use of Human Shields. If that is true then why in this article from the BBC are they going to appeal a ruling by the Israeli Supreme Court making the practice of it illegal. Come on show some stones and condemn the IDF and Israli Government for these henious acts !!!


    Last Updated: Wednesday, 12 October 2005, 15:34 GMT 16:34 UK

    E-mail this to a friend Printable version

    IDF to appeal human shield ban

    The practice of using human shields is against international law
    The Israeli Defence Ministry will appeal against a supreme court ruling banning the use of Palestinian human shields in raids, officials said.
    Defence Minister Shaul Mofaz is prepared to make a personal appearance in court to defend the practice, ministry officials added.

    Human rights groups have frequently condemned the use of human shields.

    The Israeli military believes that the use of Palestinian civilians can often defuse a tense situation.

    Mr Mofaz is also set to argue that alternative methods of apprehending suspects, such as through the use of bulldozers, would endanger the lives of both Israeli soldiers and Palestinian civilians, a military source said.

    Early warning

    The Israeli supreme court issued its formal ruling last week, saying the practice violates international law.

    It had already issued a temporary injunction against the practice in 2002 after a teenager was killed when troops made him negotiate with a wanted militant.

    The court ruled out both the placing of civilians in front of soldiers on operations and an "early warning" procedure employed by the army.

    In this practice, the Israeli army would force local Palestinians to approach the homes of militants and ask them to surrender.
     
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  5. JStone
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    The BBC has a notorious anti-Israel bias. Its own Board of Directors criticized them for it.

    Colonel Richard Kemp, the decorated war hero who commanded British troops in Iraq and Afghanistan, knows better.

    EJP | News | UK | BBC online censured for anti-Israel bias
     
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  6. patrickcaturday
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    First Col Kemp has a noted bias towards Israel. He is on the staff at NGO Monitor located in Jerusalem and founded by the Jerusalem Center For Public Affairs a biased organization. He also is a featured speaker for AIPAC. It should also be noted that this supposed expert on the Gaza conflict has never even visited Gaza.



    Second if you object to the BBC ( It always seems as if when someone objects to a source on these boards it is because the source has a notorious anti-Israel bias ) here is an article from the Jerusalem Post ( which has a pro-Israel bias ) that shows the IDF is still using Human Shields after the Israeli court declared it illegal



    Why don't you just admit that the IDF is wrong to use Human Shields!!! Is it really that hard ???



    Photo by: Channel 10
    IDF’s ethics guru slams High Court ban on human shields
    By MATI WAGNER
    10/06/2010 02:21


    Asa Kasher endorses military court conviction of two Givati soldiers, but says ‘neighbor procedure’ can sometimes save lives.
    Talkbacks ()


    Sunday’s highly publicized military court conviction of two Givati soldiers for using a Palestinian boy as a human shield should serve as an opportunity to contest the Supreme Court’s sweeping prohibition of such behavior, formally known in the IDF as “neighbor procedure,” Prof. Asa Kasher, author of the IDF’s code of ethics, said Tuesday.

    “What those two soldiers did was wrong,” said Kasher in a telephone interview, endorsing the military court ruling. “But there are situations in which the use of the enemy’s civilian population to defuse a potentially explosive situation is not only ethically permissible, it also saves lives.”

    RELATED:
    2 soldiers convicted of using boy as human shield
    Editorial: Ethics in the war zone
    Human shields and ‘Goldstone scapegoats’

    In many instances of confrontation between IDF forces and a terror suspect who has barricaded him or herself inside a building, neighbors who are either family from the same clan or friends can peacefully and effectively neutralize the situation, Kasher explained.

    Neighbors often have a vested interest in preventing the IDF from destroying the building where the suspect is hiding because they live in the same building; relatives or loved ones also have a desire to save the terrorist’s life, Kasher explained.

    “If they volunteer to do so of their own free will they should be allowed to,” said Kasher.

    On Sunday the IDF Southern Command’s Military Court ruled that two Givati Division soldiers acted inappropriately when they ordered a Palestinian boy to open bags suspected of containing bombs during Operation Cast Lead in the Gaza Strip last year. The two staff sergeants face up to a three-year prison sentence.

    The IDF uses the term “neighbor procedure” to describe the use of the enemy’s civilian population to perform duties normally performed by IDF soldiers.

    In 2005 the Supreme Court ruled that the neighbor procedure was unlawful according to international law.

    Then chief justice Aharon Barak argued that there was a ban on using residents as part of the occupying army’s military effort and added that “as a rule, [the local resident] is not allowed to renounce his rights as accorded by humanitarian law in Clause 8 of the Fourth Geneva Convention.”

    This was true even if cooperation was offered for a desired end, such as bringing about a peaceful end to a potentially violent confrontation.

    Kasher, a professor of philosophy at Tel Aviv University who first drafted “The Spirit of the IDF” (Ruach Tzahal) in 1994 and helped update the moral code in 2001, is also the co-author with Maj.-Gen. Amos Yadlin of “11 Principles for Fighting Terrorism,” which is used to educate officers on the IDF’s rules of engagement.
     
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  7. JStone
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    Admiral Mike Mullen, Former Chairman US Joint Chiefs of Staff, Reaffirms Strong US--Israeli Bond in Visit To Israel.
    [ame=http://www.youtube.com/watch?v=Z4tEpFH3kDA]Admiral Mike Mullen Reaffirms Strong U.S.-Israeli Bond in Visit to Israel - YouTube[/ame]
     
  8. patrickcaturday
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    Will you please tell me what the heck this has to do with the conversation !!! Do you realise how biased your refusal to condemn the IDF's use of Human Shields makes you look.

    Here is a recap of the last post before you attempted to divert.

     
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  9. JStone
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    Admiral Mike Mullen, Former Chairman of the Joint Chiefs of Staff Stresses Importance of US--Israel Military Relationship

    [ame=http://www.youtube.com/watch?v=d4iKIYqxaOY]Admiral Mike G. Mullen meet with General Staff, LTG Gabi Ashkenazi , Tel Aviv June 27, 2010 - YouTube[/ame]
     
  10. patrickcaturday
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    patrickcaturday Active Member

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    Another attempt to divert !!! Now not only do you appear to be a bigot you also are beginning to look like a simpleton !!!

    Quote:
    http://http://news.bbc.co.uk/2/hi/mi...st/4333982.stm
    from JStone



     
    Last edited: Mar 29, 2012

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