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On 6 October 2005, the High Court of Justice ruled that it was illegal for the IDF to use Palestinian civilians during military actions. The decision was made on a petition that B'Tselem and six other human rights organizations filed in 2002. The petition followed the IDF's use of Palestinian civilians as human shields since the beginning of the second intifada, primarily during IDF operations carried out in Palestinian population centers, as occurred in Operation Defensive Shield. Soldiers used to pick civilians at random and force the civilians to protect them by doing dangerous tasks. For example, soldiers have ordered Palestinians to: The method is the same each time: soldiers pick a civilian at random and force him to protect them by doing dangerous tasks that put his life at risk. For example, soldiers have ordered Palestinians to:
The soldiers in the field did not initiate this practice; rather, the order to use civilians as a means of protection was made by senior army officials. Despite the High Court’s decision and army orders preceding and following it, security forces continue to use Palestinians as human shields. In 2007, for example, B'Tselem documented twelve such cases. The IDF must act in accordance with the High Court’s ruling, issue clear commands and briefings, and direct the commanders to transmit to their forces the absolute prohibition on use of Palestinians to carry out military assignments. Also, the Judge Advocate General’s Office must open a Military Police investigation into every case of suspected violation of the prohibition, and prosecute every soldier, including the senior command echelon, if the findings of the investigation warrant it. |
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