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From this Times of Israel article, Report: IDF sending Gazan civilians to check tunnels, homes it fears might be booby-trapped

Haaretz reports that the IDF has been using Palestinian civilians as human shields during operations in Gaza, ordering them to go into tunnels and homes that the army fears may be booby-trapped.

“It is better that they explode and not the soldiers,” one of the soldiers speaking to Haaretz recalls being told by his commander who justified the practice.

If it was true, would this be considered a war crime?

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    Not sure why there would be any question about that.
    – Joe W
    Commented Aug 13 at 19:51
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    Voting to close. Of course that would be a war crime and if it would happen to not be in the books then only for the reason of how obvious it is a war crime. Like protection of civilians is among the core purposes of these conventions and you can't even do that to POWs. So the purpose of that question seems to be entirely about floating the idea that Israel is committing war crimes. Which is not a question but activism.
    – haxor789
    Commented Aug 14 at 8:46
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    I don't think the answer is as obvious as everyone makes it out to be - civilians are often hired by the military to assist them, and it is accepted that these civilians may also be injured or die. Now, if a civilian is being forced to go into booby-trapped houses or tunnels (at the point of a gun barrel), then ofcourse it is obviously a war crimes. But if he is being paid for the job (including getting extra "hazard pay"), and doing it as part of his job (even if he isn't aware of the full dangers) it's a slightly different story. Let's not forgot that Gazans are starving and desperate ...
    – sfxedit
    Commented Aug 14 at 16:52
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    @haxor789 "the answer is yes" is not a valid close reason. It's not obvious to me that this is a war crime, since Israel doesn't sign a lot of international treaties that would make things war crimes.
    – user20574
    Commented Aug 14 at 21:47
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    @sfxedit The cited source claims "Haaretz says the IDF has not been using terror suspects, but rather innocent civilians who it detains specifically for this practice." as well as "In its response to the report, the IDF [...] says that such conduct is prohibited, that this was made clear to troops and that the allegations are under investigation." Sorry but the answer is so obvious that this "question" seems more like it's geared to highlight this crime, which is not the purpose of asking questions here regardless of the point that is meant to be pushed, right?
    – haxor789
    Commented Aug 15 at 10:39

3 Answers 3

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The "Early Warning" or "Prior Warning" case from some 20 years ago, which [AFAICT] involved sending in a neighbor to demand surrender, is probably relevant.

Israel notes that the Supreme Court in Add. H.C.J. 10739/05 The Minister of Defense v. Adalah, The Legal Center for Arab Minority Rights in Israel, prohibited in the most sweeping manner the legality of this use of local residents. Subsequently, a General Staff Order was issued revoking the previous “Preliminary Warning” procedure and prohibiting every type of aid or assistance by local population. This Order is fully adhered to by IDF forces, and every violation results in criminal investigations.

I haven't found that (Adalah – The Legal Center for Arab Minority Rights in Israel v. GCO Central Command, IDF) full case in English, but from a summary in another it appears the Supreme Court took a broad interpretation of Fourth Geneva Convention §27 and Hague Regulations §46 to prohibit involving the local civilian population in such auxiliary roles for the IDF. If you read the full text of those invoked provisions, it's actually not that clear that they entail such a prohibition, but the Supreme Court of Israel read them that way. E.g. regulation 46 (quoting that as it's shorter) says:

Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected.

Private property cannot be confiscated.

The most relevant bit from Art 27 is probably

Protected persons [...] shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.

FWTW, the same Israeli reply to the UN mentioned:

In 2007, nine investigative military police investigations were conducted regarding claims of such violations; in 2008, no investigations were held. Up to now, no indictments were filed regarding these cases, due to lack of evidence concerning these allegations. In 2009, to date, four investigations are conducting following the events of operation “Cast Lead”.


N.B. I (finally) found the actual full-text decision in that case. The most relevant bits are paras 21-25 from President Barak's judgment. Unfortunately, even those parts are quite long (2 pages in relatively small print/font), so I quote only a selection:

  1. [...] The civilian population is not to be used for the military needs of the occupying army (see Fleck, at p. 218). They are not to be "volunteered" for cooperation with the army (see regulation 23(b) of The Hague Regulations and article 51 of The Fourth Geneva Convention; see also Pictet, at p. 292). From this general principle is derived the specific prohibition of use of local residents as a "human shield". Also derived from this principle is the prohibition of use of coercion (physical or moral) of protected persons in order to obtain intelligence (article 31 of The Fourth Geneva Convention; Pictet, at p. 219). It seems to me that prohibiting use of local residents for relaying warnings from the army to those whom the army wishes to arrest should also be derived from this general principle. Second, an additional principle of the humanitarian law is that all is to be done to separate between the civilian population and military activity (see Fleck, at p. 169). The central application of this rule is the duty to distance innocent local residents from the zone of hostilities (see rule 24 of International Humanitarian Law). This rule calls for an approach, according to which a local resident is not to be brought, even with his consent, into a zone in which combat activity is taking place. Third, in light of the inequality between the occupying force and the local resident, it is not to be expected that the local resident will reject the request that he relay a warning to the person whom the army wishes to arrest. A procedure is not to be based upon consent, when in many cases the consent will not be real (see Fleck, at p. 252). The situation in which such consent would be requested should be avoided. Last, one cannot know in advance whether the relaying of a warning involves danger to the local resident who relays it. The ability to properly estimate the existence of danger is difficult in combat conditions, and a procedure should not be based on the need to assume a lack of danger, when such an assumption is at times unfounded. On this issue, one must consider not only the physical danger of damage from gunfire originating in the wanted person's location, or from various booby-traps, but also the wider danger which a local resident who "collaborates" with the occupying army can expect.

  2. These considerations lead me to the conclusion that the "Early Warning" procedure is at odds with international law. It comes too close to the normative "nucleus" of the forbidden, and is found in the relatively grey area (the penumbra) of the improper.

There are two concurring opinions from other judges that add some additional arguments and no dissenting ones AFAICT.

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IF it happened *, then it would look much like using POWs to clear landmines. Which apparently is considered against the 1929 Geneva convention:

Article 32

Art. 32. It is forbidden to employ prisoners of war on unhealthy or dangerous work. Conditions of work shall not be rendered more arduous by disciplinary measures.

This is referenced in the plot of a historical movie covering the clearing of landmines by German POWs in Denmark in 1945. I don't see how using civilians as opposed to POWs would make things much better.

In your article, the IDF states that the practice is not permitted and is under investigation.

In its response to the report, the IDF does not appear to deny that the practice is carried out. It says that such conduct is prohibited, that this was made clear to troops and that the allegations are under investigation.

It is important to remember that war crimes can be committed by individual soldiers or units and still not be state or government policy. On the other hand, a policy of not exercising due oversight over troops or not investigating can lead to war crimes being committed.

Reports of bad behavior and their investigation isn't necessarily indicative that a state carries out or condones war crimes as part of its policy.


* On the one hand I think you knew the answer, should this, Israeli-reported, activity be really going on. True, if confirmed, it would be egregious enough that closing the Q for "aim to discredit" seems inappropriate. IMHO, you should have found some other way to ask about this subject, which would have been better here, rather than "Oh, gosh, would this be a war crime?".

Personally I thought that maybe SE.Skeptics would have been a better site, to ask for more confirmation, but I was wrong as that seems that is out of that site's scope as pertaining to an event "under current investigation".

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    The last bit is bad advice as asking factual Qs about "current events under investigation" is off-topic on Skeptics. And so they'd be here, but the OP hit the legal angle. Commented Aug 14 at 3:16
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The main sources of international law are treaties, customary international law, and general legal principles. Article 51 of the Additional Protocol I (AP I) of the Geneva Conventions, drafted in 1977, explicitly prohibits the use of human shields:

  1. The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The 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.

However, Israel has not ratified the protocol, voiding the most obvious argument for the illegality of the Israeli practice.

It could be argued that since 174 states have ratified the protocol its provisions enshrine customary practice and thus are anyway binding on Israel. It's not a terrible argument since the use of human shields is universally condemned. Even by Israel itself, which regularily accuses its adversaries of engaging in the practice.

The position of the International Committee of the Red Cross is that using human shields is universally prohibited:

Rule 97. The use of human shields is prohibited.

However, the civilan Palestinians the Israelis exploit as canaries are not strictly speaking "shielding" any "military objectives from attack". So it is unclear whether they are human shields or not. The situation may be materially different from, say, strapping an injured person to the hood of a vehicle where it is clear that the person is actually "shielding" a military objective.

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    How are they not shielding (i.e. being in the way of an attack) any military objective (soldier that wants to enter a tunnel) from an attack (trap)? I don't understand that argument.
    – DonQuiKong
    Commented Aug 14 at 5:44
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    The use of "human shields" in that rule refers to using YOUR OWN civilian population as protective cover for military goods. The point is to make a clear distinction between civilian (forbidden target) and combatant (permitted target) in order to protect the former from unnecessary harm. So if a defender deliberately blurs the line between civilians and combatants so that an attacker is incentivized to see EVERYONE as an enemy and act accordingly, then the defender is putting his own population in harm way and that is a war crime. That has nothing to do with that example.
    – haxor789
    Commented Aug 14 at 13:16
  • 2/ This has more to do what with right of civilians in general and mistreatment of prisoners or people for whom you're responsible.
    – haxor789
    Commented Aug 14 at 13:38
  • No, it doesn't. None of the articles relating to human shields distinguishes between your own and the enemy's civilians. Commented Aug 14 at 14:05
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    @GaslightDeceiveSubvert how's a mine not an enemy attack? What then?
    – DonQuiKong
    Commented Aug 14 at 19:34

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