HCJ 3799/02 - Adalah et al. v. GOC Central Command, IDF
Judgment
Judgment | Judgment / Supreme Court | 06.10.2005
HCJ 3799/02 - Adalah et al. v. GOC Central Command, IDF
Judgment
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 (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.
