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The Israeli Supreme Court took a firm stand on Thursday against the army's use of Palestinian civilians as 'human shields' when carrying out arrest raids. The court acknowledged that the use of civilians as shields violated international law.
The petition was filed by human rights organizations back in May 2002 in response to the use of civilians during a dozen or so raids of suspected terrorists in the West Bank. The court issued a temporary injunction banning the practice in August 2002.
The court held that the use of civilians in this capacity represents a 'slide down the slope toward a severe violation of international law.'
The army had argued that the practice helped save lives by preventing shootouts and possible bloodshed during arrest missions.
'No one among the civilian population should be 'volunteered' to cooperate with the army,' wrote Judge Aharon Barak in the court's decision. 'The central tenet is that it is mandatory to distance innocent local residents from the area of the hostile actions.'
The Israeli Justice Ministry said it would immediately act to implement the court's decision. The army refused to comment about the verdict.
One Palestinian, Nidal Daraghmeh, 19, was killed during a raid when a Hamas terrorist suspect opened fire during a raid with Daraghmeh being used as a shield.
Marwan Dalal, a spokesman for the human rights group that brought the suit was pleased with the decision but guarded in his reaction. 'This is an important decision, but we need to see if the military will abide by it,' Dalal told CNN.
Brad Kurtzberg
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