H.C. 3799/02, Adalah, et. al. v. Yitzhak Eitan, Commander of the Israeli Army in the West Bank, et. al.
Filed: 5 May 2002. Decision: Pending.
Petitioners: Adalah, the Association for Civil Rights in Israel (ACRI), LAW, Physicians for Human Rights - Israel, B'Tselem, The Public Committee Against Torture in Israel, and HaMoked: Center for the Defence of the Individual.
Respondents: Commander of the Israeli Army in the West Bank, Yitzhak Eitan; Chief of Staff of the Israeli Army, Shaul Mofaz; Minister of Defense, Benjamin Ben-Eliezer; Ariel Sharon, Prime Minister of Israel.
Petitioners' Requests
- A Court order instructing the Israeli army to stop using Palestinian civilians as human shields, as hostages, and for other military purposes.
- An immediate injunction to stop the Israeli army's abusive practices while awaiting a final decision in the case.
- On 6 April 2002, in the Jenin camp, Kamal Tawalbi, 43, and his fourteen-year-old son, were used as human shields by Israeli soldiers. For three hours, the soldiers forced the father and son to stand in front of them on a balcony, facing the soldiers, while they exchanged gunfire with Palestinian fighters. The soldiers used the shoulders of Mr. Tawalbi and his son to support their rifles.
- At 4:00 a.m. on 4 April 2002, in Jenin refugee camp, Israeli soldiers entered the home of Faisal Abu Sariya, 42, a teacher. For two days, the soldiers forced him to march in front of them as they moved about the camp. Mr. Abu Sariya was forced to knock on doors and enter homes even before the soldiers' dogs were sent in to sniff for explosives. Only when the dogs came out, would the soldiers enter.
- The army entered Artas Village on 29 January between 1:00 and 2:00 a.m. Israeli soldiers took Ahmad al-Yas 'Aysh, 37, and his brother Hamdi from their house and held them hostage. They demanded that Ahmad return to the house and bring out his brother Omar. When Ahmad failed to do so, the soldiers shot him in the thigh. They then forced Hamdi 'Aysh to go to the house and fetch Omar, threatening to shoot him as well if he failed to comply.
- Domestic and international human rights organizations, including Human Rights Watch and Amnesty International, have produced extensive documentary evidence of the army's practices of using Palestinian civilians as human shields, as hostages, and for other military purposes.
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The army's actions constitute grave breaches of the
Geneva Convention (IV). Its actions specifically violate Articles 27, 28, 31, 32, 33, 34, 51, 147 of the Geneva Convention (IV).
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The army's actions violate regulations 45, 46, and 50 of the Hague Regulations (1907).
- As an occupying power, the army has a duty to uphold the rights of the civilian Palestinian population as "protected persons" under the Geneva Convention (IV). Grave breaches of the Geneva Convention (IV) constitute war crimes.
- In light of the information in the petition, the army issued an order banning all forces in the field from using civilians as human shields or hostages, without admitting or denying that the army has employed such practices.
- The army clarified that the use of civilians to enter the homes of other Palestinians during military operations is also prohibited, in cases where the commander feels that there might be a danger to the body of the civilian.
- The army intends to conduct a comprehensive internal investigation with regards to the issues raised in the petition.
- Given the orders issued by the army, there is no need for an immediate injunction.
- Initally refused to issue injunction, claiming that the military's alleged order to stop using civilians as human shields was sufficient.
- At a hearing on 21 May 2002, ordered the respondents to submit a copy of their orders, and to clarify the question of obtaining assistance from Palestinian civilians during military operations.
- At a hearing on 18 August 2002, granted an injunction preventing the Israeli army from using Palestinian civilians as human shields.
- Case pending.
- On 20 November 2002, filed motion for contempt of court after a B'Tselem report revealed that the army was continuing to use Palestinian civlians as human shields, despite the Supreme Court injunction prohibiting the practice. Motion pending.