Two soldiers convicted for using 9-year-old boy as human shield

DCI-Palestine

October 04, 2010 Two soldiers convicted for using 9-year-old boy as human shield
	[4 October 2010] – On 3 October 2010, the Israeli southern command military court convicted two soldiers for using nine-year-old Majed R. as a human shield on 15 January 2009, during the war in Gaza. According to Haaretz Newspaper, the soldiers were convicted of inappropriate behaviour and overstepping authority for ordering Majed, who was nine at the time, to open bags suspected of being booby trapped at gunpoint. These convictions follow a joint complaint filed by DCI-Israel and DCI-Palestine with the Israeli authorities on 7 April 2009. In addition to Majed's case, the complaint requested that the authorities investigate nine other cases of children alleged to have been used as human shields between February 2007 and January 2009. As far as DCI is aware, Majed's was the only case in which the authorities opened an investigation. Further, on at least four occasions during the course of the investigation, DCI-Israel requested that the Israeli authorities provide a copy of the charge sheet for the purposes of seeking legal advice as to the appropriateness of the charges in light of the gravity of the offence. In spite of these requests, a copy of the charge sheet was never provided to DCI. DCI-Palestine welcomes the investigation and prosecution of the two soldiers who used nine-year-old Majed as a human shield, but repeat our demand that all cases of children used as human shields must be thoroughly and impartially investigated in accordance with international standards, and where appropriate, prosecutions initiated. So far in 2010, DCI-Palestine has documented two more cases of children being used as human shields. In one case, a 16-year-old girl from Nablus reported being used as a human shield by soldiers on 18 February, after soldiers stormed her house in the early hours of the morning. DCI-Palestine and Adalah lodged a complaint with the Israeli authorities calling for an investigation into the case on 20 September 2010. In the other case, a 14-year-old boy from Beit Ummar, between Bethlehem and Hebron, reported being used as a human shield by soldiers on 16 April 2010. On 3 August 2010, DCI-Palestine lodged a complaint in the case with the UN Special Rapporteur on Torture for further investigation. The boy's parents did not wish to lodge a complaint with the Israeli authorities as they have no confidence that the authorities will impartially investigate their son's case. Since April 2004, DCI-Palestine has documented 15 cases involving Palestinian children being used as human shields by the Israeli army. Fourteen of the 15 cases, occurred after the Israeli High Court of Justice ruled the practice to be illegal in October 2005, suggesting that the army is not effectively implementing the Court's decision. So far, Majed's is the only case in which an investigation has been initiated.  Table 1 – Child human shield cases documented by DCI-Palestine since 2004 # Name Date of incident Age at incident Nature of incident Action 1 M.B. 15 Apr 04 13 Tied to the bonnet of a military jeep for four hours during clashes. - October 2005 Israeli High Court rules that the use of civilians as human shields is illegal   2 A.E. 26 Feb 07 15 Forced at gunpoint to walk in front of soldiers during clashes. Complaint filed on 7 April 2009 – no action. 3 J.D. 28 Feb 07 11 Forced at gunpoint to walk in front of soldiers and enter an abandoned house in search of combatants. Complaint filed on 7 April 2009 – no action. 4 I.M. 11 Apr 07 14 Forced to sit for 15 minutes on the bonnet of a jeep during clashes. Complaint filed on 7 April 2009 – no action. 5 O.G. 11 Apr 07 15 Forced to sit for 10 minutes on the bonnet of a jeep during clashes. Complaint filed on 7 April 2009 – no action. 6 R.N. 11 Jul 07 14 Wounded whilst being forced to evacuate a house. - 7 A.S. 04 Jan 09 14 Detained for 10 days and forced to search houses during war in Gaza. - 8 A.A. 05 Jan 09 15 Detained close to military operations for four days during war in Gaza. Complaint filed on 7 April 2009 – no action. 9 A.A. 05 Jan 09 16 Detained close to military operations for four days during war in Gaza. Complaint filed on 7 April 2009 – no action. 10 N.A. 05 Jan 09 17 Detained close to military operations for four days during war in Gaza. Complaint filed on 7 April 2009 – no action. 11 K.A. 05 Jan 09 15 Detained close to military operations for four days during war in Gaza. Complaint filed on 7 April 2009 – no action. 12 H.A. 05 Jan 09 12 Detained close to military operations for four days during war in Gaza. Complaint filed on 7 April 2009 – no action. 13 Majed R. 15 Jan 09 9 Forced at gunpoint to search bags thought to contain explosives during war in Gaza. Complaint filed on 7 April 2009 – two soldiers convicted on 3 October 2010. 14 D.A. 18 Feb 10 16 Forced at gunpoint to search for a weapon. Complaint filed on 20 September 2010. 15 S.A. 16 Apr 10 14 Forced at gunpoint to walk in front of soldiers during clashes. Complaint submitted to the UN on 3 August 2010.   DCI-Palestine seeks full and impartial investigations meeting international standards in all cases involving the use of children as human shields. Further, the Israeli army must be given adequate training and supervision to ensure compliance with the 2005 ruling of the Israeli High Court of Justice. The investigations must also enquire into the responsibility of the army's top command echelon for the continued use of children as human shields. _________________ Related information: Haaretz: IDF soldiers convicted of using 11-year-old as human shield in Gaza BBC: Two Israeli soldiers guilty of using human shield in Gaza

Related Links:

• DCI Israel and Palestine submit alternative report on child recruitment
• Two soldiers charged over human shield case reported by DCI
• DCI concerned by continued use of children as human shields by Israeli soldiers
• Case of 14-year-old used as a human shield submitted to the UN for investigation
• Complaint lodged in case of 16-year-old girl used as a human shield

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Israeli court reproaches two soldiers for using child as human shield

[ 04/10/2010 - 10:10 AM ]

OCCUPIED JERUSALEM, (PIC)-- An Israeli military court condemned on Sunday two Israeli soldiers for forcing a nine-year-old Palestinian child during Gaza war to approach what they suspected as explosives, but it did not take punitive measures against them.
The court panel explained that during the Israeli army's attempts to take over a residential building in Tel Al-Hawa in Gaza city on January 15 2009, the two soldiers forced the residents to gather in one place and forced the little child to look into two suitcases they found in a toilet in order to check if they contained explosives or not.
The panel also wrote in their report that the scared boy was not provided with any protective wear like the soldiers and wet his pants from the horror of the situation.
When the child failed to open one of the bags, the soldiers violently pushed him aside and opened fire at the bag which put all Palestinian civilians at the scene in danger.
This incident brought to mind many similar violations in which Israeli soldiers use civilians as human shields, including that they use neighbors to knock at the doors of raided homes to reduce the soldiers' possible exposure to fire or harm.

Case of 14-year-old Palestinian boy used as a human shield submitted to the UN for investigation

http://dci-pal.org/english/display.cfm?DocId=1563&CategoryId=1

Case of 14-year-old used as a human shield submitted to the UN for investigation

[Ramallah, 3 August 2010] - On 3 August 2010, DCI-Palestine submitted a case involving the use of a child as a human shield to the UN Special Rapporteur on Torture for further investigation. DCI-Palestine has received credible evidence that on 16 April 2010, a 14-year-old boy was used as a human shield by units of the Israeli army whilst conducting operations in the village of Beit Ummar, near Hebron, in the Occupied Palestinian Territory. It is alleged that two soldiers forced the boy to walk in front of them in an attempt to shield the soldiers from stones being thrown during clashes with local Palestinian youths. The boy was subsequently tied, blindfolded and beaten, before being released several hours later, without charge. Part of the incident was photographed and reported in Ma'an News.

 

The practice of using human shields involves forcing civilians to directly assist in military operations or using them to shield an area or troops from attack. Both of these circumstances expose civilians to physical, and sometimes, mortal danger. Civilians are usually threatened and/or physically coerced into performing these tasks, most of the time at gunpoint. The practice is illegal under both international and Israeli domestic law.
Since April 2004, DCI-Palestine has documented 15 cases involving Palestinian children being used as human shields by the Israeli army. Fourteen of the 15 cases, occurred after the Israeli High Court of Justice ruled the practice to be illegal in October 2005, suggesting that the army is not effectively implementing the Court's decision.

#	Name	Date of incident	Age at incident	Nature of incident
1	M.B.	15 Apr 04	13	Tied to the bonnet of a military jeep for four hours during clashes.
October 2005 Israeli High Court rules that the use of civilians as human shields is illegal
2	A.E.	26 Feb 07	15	Forced at gunpoint to walk in front of soldiers during clashes.
3	J.D.	28 Feb 07	11	Forced at gunpoint to walk in front of soldiers and enter an abandoned house in search of combatants.
4	I.M.	11 Apr 07	14	Forced to sit for 15 minutes on the bonnet of a jeep during clashes.
5	O.G.	11 Apr 07	15	Forced to sit for 10 minutes on the bonnet of a jeep during clashes.
6	R.N.	11 Jul 07	14	Wounded whilst being forced to evacuate a house.
7	A.S.	04 Jan 09	14	Detained for 10 days and forced to search houses during war in Gaza.
8	A.A.	05 Jan 09	15	Detained close to military operations for four days during war in Gaza.
9	A.A.	05 Jan 09	16	Detained close to military operations for four days during war in Gaza.
10	N.A.	05 Jan 09	17	Detained close to military operations for four days during war in Gaza.
11	K.A.	05 Jan 09	15	Detained close to military operations for four days during war in Gaza.
12	H.A.	05 Jan 09	12	Detained close to military operations for four days during war in Gaza.
13	Majed R.	15 Jan 09	9	Forced at gunpoint to search bags thought to contain explosives during war in Gaza.
14	D.A.	18 Feb 10	16	Forced at gunpoint to search for a weapon.
15	S.A.	16 Apr 10	14	Forced at gunpoint to walk in front of soldiers during clashes.

On 7 April 2009, DCI-Israel wrote to the Israeli Ministers of Justice and Defence requesting information regarding what measures the authorities had taken to investigate five specified incidents involving the use of children as human shields. Some seven months later, DCI received a response from the authorities, dated 3 November 2009, requesting further information regarding just one of the incidences referred to, the case of nine-year-old Majed R. who was used as a human shield during the war in Gaza. Two soldiers were subsequently charged in the case with deviating from authority to the extent of endangering life or health and unbecoming behaviour, in circumstances where the child was forced at gunpoint to search bags thought to potentially contain explosives. A decision has yet to be handed down in the case. As far as DCI is aware, no other investigations leading to charges have been conducted in the 14 other documented cases, and the authorities have not requested any further information.
DCI reiterates its position that full and impartial investigations meeting international standards must be carried out in all cases involving the use of children as human shields, and that the army be given adequate training and supervision to ensure compliance with the 2005 ruling of the Israeli High Court of Justice.
The 14-year-old boy the subject of the present complaint continues to experience behavioural problems, lack of concentration and memory loss since reportedly being used as a human shield in April 2010.

The Treatment Of Palestinian Detainees During Operation “Cast Lead” (Full Text)

The Public Committee Against Torture in Israel & Adalah:
The Legal Center for Arab Minority Rights in Israel

13 July, 2010
Countercurrents.org
The Public Committee Against Torture in Israel and Adalah: The Legal Center for Arab Minority Rights in Israel, released, today [July 6, 2010], a special report "Exposed" which discusses violations of detainee rights during "Cast Lead". The report relies on a significant number of testimonies given to PCATI and Adalah attorneys, most of the civilian detainees who were arrested by the Israeli army and interrogated in Israel. The testimonies provide give rise to a series claim that the Israeli Army systematically and deliberately violated their basic rights while disregarding domestic and international law.
Among its primary findings:
1. The State of Israel failed in it its international & domestic legal obligation to provide information regarding place of detention to detainee family members without delay to families of the detainees and to organizations dealing with detainees. Not only were detainee families harmed by this dereliction also the ability to monitor detention conditions and the application of detainee rights was harmed.
2. The detainees were held in wretched conditions. They were held in ditches and in cold and dark cells while be denied minimally appropriate nutrition and sanitary needs. This treatment forms the basis for the torture and ill treatment that many of the detainees experienced at various stages of their detention. These conditions allowed the army to break the spirit and to humiliate the detainees in addition to the violence that they suffered during interrogation.
3. The testimonies revealed that the army systematically used the Gaza residents as human shields in order to protect the soldiers while engaged in military activity, within the strip and for many days and even up to 10 days in some instances. At times the civilians were forced to go into homes ahead of the soldiers, to march next to the soldiers to shield them from gun fire.
4. Israel established a legal category for detainees, "unlawful combatant" which is unrecognized in international law. This special status allowed Israel to deprive the detainees of prisoner of war status and the conditions and rights that go with it while, at the same time, denying them the status and rights of protected civilians.
The report's conclusion a number of recommendations connected to detainee rights are made in order to prevent such a travesty of rights violations in the future. Among the recommendations is a call for the establishment of a governmental investigative committee that abides by international standards in order to investigate the violations of "Cast Lead" and to put on trial those suspected of committing offences. In addition the report recommends the establishment of standards for treatment of detainees, and to establish an efficient monitoring mechanism and to cancel the unlawful combatants law.
Research and Writing: Adv. Majd Badr, Adv. Abeer Baker
Editing: Adv. Irit Ballas, Adv. Bana Shoughry-Badarne
English Translation: Ron Makleff

Exposed-Treatment of Detainees Cast Lead_June 2010

Rights groups: Israel used 'human shields' in Gaza

Bethlehem - Ma'an/Agencies - Israeli rights groups found that Israeli forces used “human shields” during the war on Gaza which began December 2008, a report said.

The study, by the Public Committee Against Torture in Israel and the Adalah legal rights organization, was obtained by Israeli news site Ynet, which said the findings echoed the UN fact finding mission headed by Judge Richard Goldstone.

The new report, which was dismissed by an Israeli army spokesman, features testimonies of Palestinians forced to enter homes at gunpoint ahead of Israeli soldiers, and of detainees suffering acts of torture during interrogation, Ynet said.

In a statement Tuesday, the Israeli army said that in 27 out of 30 incidents the UN report described as “grave breaches” of the Fourth Geneva Convention, internal investigations concluded that “legal measures would not be taken.”

Israeli war crime in Gaza: Israeli soliders kidnapped Arab men for use as human shields, Jan. 2009

DCI Israel and Palestine submit alternative report on child recruitment

[JERUSALEM, 13 August 2009] – Defence for Children International (Israeli and Palestinian sections) is releasing a joint report on Israeli authorities’ use of Palestinian children in hostilities. The report was submitted on 17 July 2009 to the UN Committee on the Rights of the Child, which is scheduled to review Israel’s compliance with the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict in January 2010. The report focuses on the ongoing use of Palestinian children as human shields by the Israeli army, and their recruitment as informers by the Israeli Security Agency, in violation of Article 2 of the Optional Protocol, ratified by Israel in 2005. The issue of recruitment of children by Palestinian armed groups does not fall in the remit of the Committee. However, a report on the Palestinian armed groups’ behaviour regarding the terms of the Optional Protocol is being prepared and will be released in the near future. The present report covers the period January 2005–June 2009. During this period, at least 11 Palestinian children were used as human shields, or coerced to assist Israeli soldiers in military operations, in six incidents in the West Bank and Gaza Strip, in contravention of the October 2005 ruling by the Israeli High Court of Justice. At least six children were used as human shields by Israeli troops during Israel’s recent Operation Cast Lead in Gaza. Most of these children were subjected to abuse and ill-treatment while detained and have been psychologically scarred by the experience. One child who was used as a human shield said: I am sometimes ashamed to talk about things in detail with people I do not know... I don’t even talk about it with my mother. I prefer to forget, and sometimes I cry when I remember. (Majed, 9 - p.21 of the report) The report also contains five testimonies from former child detainees alleging that they were asked to become informers under duress. The Israeli Security Agency continues to seek to recruit Palestinian children as informers through coercive interrogation techniques despite the October 2005 Israeli High Court of Justice ruling that banned this practice. Children coerced into assisting the occupying power might be exposed to lethal threats within their own community. The 82-page report makes five recommendations focusing on accountability and is supported by over 35 pages of sworn testimonies contained in an annexure to the main report. Additional information DCI-Israel - DCI-Palestine Alternative Report , 17 July 2009 Israel's State report (CRC/C/OPAC/ISR/1) 15 April 2009 For further information contact: Rifat Kassis, ria@dci-pal.org Te: +972 (0)2 242 7530 Hadeel Younis, info@dci.org.il Tel: +972 (0)2 623 5450