The Israeli High Court is expected to issue its ruling on Thursday morning after reviewing an appeal which was filed in 2002 after the Israeli soldiers repeatedly used Palestinian residents as human shields.
The ruling will be issued by the Israeli Supreme Court President, Justice Aharon Barak.
Israeli soldiers used dozens of Palestinian residents as human shields, especially during “Defensive Shield†operation which was carried out by the army in the West Bank and the Gaza Strip in 2002.
Lawyer Marwan Dalal filed the appeal in 2002, in Adalah’s own name and on behalf of LAW, ACRI, Physicians for Human Rights-Israel, B’Tselem, The Public Committee Against Torture in Israel, HaMoked, and other human rights organizations.
Adalah filed the petition in May 2002 against the Commander of the Israeli Army in the West Bank; the Chief of Staff of the Israeli Army; the Minister of Defense; and the Prime Minister.
The appeal demanded the Israeli Army to stop using Palestinian civilians as human shields.
The petitioners argued that the army’s use of Palestinian civilians as human shields and/or as hostages is inhumane treatment and violates the right to life, physical integrity, and dignity.
The petitioners also argued that this practice constitutes a “grave breach†of the Geneva Convention (IV) and thus, amounts to a war crime
The court issued in August 2002 a temporary ruling barring the Israeli soldiers from using Palestinian residents as human shields during the military operations in the occupied territories.
The temporary ruling was issued after a Palestinian resident, identified as Nidal Abu Mohsin, was killed in August 12, 2002 after the soldiers used him as a human shield.
