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The Operation of Military Courts inside Israel: HCJ 2690/09 Yesh Din et al. v. IDF Commander in the West Bank (Judgment of March 28, 2010)
Criticism  |  2690/09  |  1.12.2010  |  Adv. Yossi Wolfson
In 1995, in the Wajia judgment, the Supreme Court legitimized the operation of military courts established under the laws applicable to the Occupied Palestinian Territories (OPT) inside Israel.[1] Although Israelis staff governmental institutions both in Israel and in the OPT, these are two separate governmental apparatuses. The Israeli apparatus is headed by the Knesset, the Israeli parliament...
HCJ 4194/08 – Al-Wardian et al. v. Commander of the Investigation Unit of the Military Police Petition for Order Nisi
Petition to HCJ  |  4194/08  |  12.5.2008
HaMoked'd petition regarding the military's protracted and unreasonable delays in transferring investigation materials to Palestinians harmed by security forces. The military has delayed transferring materials to the Petitioners for years, despite their right to view them. In so doing, the military impedes them from submitting objections regarding the nature or outcome of the investigation and ...
The Right to Compensation for the Violation of Human Rights
Article  |  1.5.2008
An article on Israel's obligation to compensate Palestinians for the injustices of the occupation. The article explains the importance of civil claims by Palestinians as it is the only way to see some justice done and expose the mechanisms of wrongdoing. The article also explains the Israeli legislature's attempts to avoid civil claims and legislate an immunity mechanism for the State.
HCJ 3799/02 - Adalah et al. v. GOC Central Command, IDF Judgment
Judgment / Supreme Court  |  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 ...
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
R. Otto, "Neighbours as human shields? The Israel Defense Forces’ "Early Warning Procedure" and international humanitarian law", IRRC (December 2004) 771-787
Academic  |  31.12.2004
The author claims that the "Early Warning Procedure" violates the provisions of the Geneva Convention and the absolute prohibition in international law on the use of human shields. Otto also claims that, by endangering the life of a person who is completely unconnected to the event, the procedure fails to meet the test of proportionality.
CC (Jerusalem) 10458/04 – Yassin et al. v. The State of Israel
Complaint  |  10458/04  |  8.9.2004
Claim for damages filed by HaMoked against the State for extensive damage to the property of residents of the Occupied Territories during a search conducted by soldiers, and for using a member of the family as a human shield when they forced their way into the house, such use being in violation of the temporary injunction issued by the Supreme Court in HCJ 3799/02. The use of a human shield vio...
Compelling a person to serve as a human shield and damaging property during a house search: a civil action for damages filed by HaMoked: Center for the Defence of the Individual against the state for extensive damage caused to the house and personal property of residents of the Occupied Territories during a search by IDF soldiers, and for compelling a member of the family to serve as a human sh...
IT-95-14-A - Prosecutor v. Blaskic Judgement
International Tribunal  |  29.7.2004
The appeals chamber of the International Criminal Tribunal for the former Yugoslavia affirmed the conviction of a military commander of, inter-alia, using detainees in his custody as "human shields". It was proven that the appellant ordered to place detainees in front of a hotel which served as his headquarters at the time. The appellant claimed that it was not proven that the prisoners had bee...
Operational Instructions for “Prior Warning”
Procedure  |  26.11.2002
Operational procedure presented to the court during the hearing of HCJ 3799/02, following a temporary injunction banning the military from using the Palestinian civilian population as "human shields", including the "neighbor procedure". Under the "Prior Warning Procedure" it is permissible to be "assisted" by a Palestinian civilian during a military operation aimed at making an arrest if he agr...
Human Shield: Use of Palestinian Civilians as Human Shields in Violation of the High Court of Justice Order
Report  |  1.11.2002
From the website of B’Tselem
HCJ 3799/02 - Adalah et al. v. Yitzhak Eitan, IDF Major General, Central Command et al.
Petition to HCJ  |  3799/02  |  5.5.2002
Petition filed by Adalah in its name and on behalf of other human rights organizations, among them HaMoked, against the use of Palestinian civilians as human shields or as hostages, including as part of the “neighbor procedure”. In this procedure, Palestinians are forced to enter the houses suspected of being booby-trapped and search them before soldiers enter, and to lift objects that soldiers...
Jenin: IDF Military Operations
Report  |  2.5.2002
A report by Human Rights Watch regarding the events in the Jenin refugee camp during operation "Defensive Shield." The report establishes that during the incursion into the camp, security forces carried out severe breaches of international humanitarian law, some of which amount, prima facie, to war crimes. Among other things, the report details security forces' using Palestinian civilians as hu...
In A Dark Hour: The Use of Civilians During IDF Arrest Operations
Report  |  18.4.2002
A report by Human Rights Watch documenting the military's illegal practice of forcing Palestinians to assist in its actions in the Occupied Territories. The report is the result of research into the military's invasions of towns in the West Bank in late 2001 and early 2002. It documents, inter-alia, cases where Palestinians were forced, under threats, to knock on doors, open suspicious packages... (02) 627 1698   (02) 627 6317

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