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HCJ 3799/02 - Adalah et al. v. GOC Central Command, IDF Judgment
Judgment | 3799/02 | 6.10.2005
The High Court of Justice (HCJ) ruled that the Military's use of civilians as "human shields" is unlawful. Having banned the use of the "Neighbor Procedure" in the framework of the petition, the HCJ also ruled that the use of the military's "Early Warning" procedure is unlawful. The HCJ ruled, according to international law, that Palestinian residents must not be used to relay a warning by the military to a person the military is seeking to arrest; they must not be brought into an area where combat action is taking place and, in light of the inequality between the military and the Palestinian resident, it is not to be expected that the resident would reject the request to relay a warning to the person whom the army wishes to arrest. In addition, it is impossible to foresee whether relaying a warning involves a risk to the person.
The High Court of Justice ruled that the military's use of Palestinian residents as "human shields" is unlawful and contradicts the provisions of international law: following a petition filed by seven human rights organizations in this matter, the HCJ banned the use of civilians to conduct arrests in the Territories (02) 627 1698   (02) 627 6317

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