58. IHL strictly prohibits the use of human shields. 188 Their use constitutes a war crime, 189
as it violates the duty to protect the civilian population from dangers arising from military
operations. 190 When human shields are used, the attacking party must take into account the
risk to civilians. 191 Indiscriminate or disproportionate harm to civilians remains unlawful and
the civilian population can never be targeted.
59. Israel has accused Palestinian armed groups of deliberately using civilians as human
shields in previous aggressions on Gaza (including in 2008-09, 192 2012, 193 2014, 194 2021 195
and 2022 196 ). It also used it to justify high civilian casualties and attacks against paramedics,
journalists and others during the 2018–2019 ‘Great March of Return’. 197 UN independent
fact-finding missions 198 and reputable human rights organizations 199 have consistently
challenged these allegations, sometimes concluding that evidence of human shields had been
fabricated. 200 Nevertheless, Israel has used these accusations – sometimes then retracted to justify widespread and systematic killing of Palestinian civilians in its ongoing assault. 202
60. After 7 October, this macro-characterization of Gaza’s civilians as a population of
human shields has reached unprecedented levels, with Israel’s top-ranking political and
military leaders consistently framing civilians as either Hamas operatives, “accomplices”, or
human shields among whom Hamas is “embedded”. 203 In November, Israel’s Ministry of
Foreign Affairs defined “the residents of the Gaza Strip as human shields” and accused
Hamas of using “the civilian population as human shields”. 204 The Ministry defines armed
groups fighting from urban areas as deliberately “embedded” in the population to such an
extent that it “cannot be concluded from the mere fact that seeming ‘civilians’ or ‘civilian
objects’ have been targeted, that an attack was unlawful”. 205 Two rhetorical elements of this
key legal policy document indicate the intention to transform the entire Gaza population and
its infrastructures of life into a ‘legitimate’ targetable shield: the use of the all-encompassing
the combined with the quotation marks to qualify civilians and civilian objects. Israel has
thus sought to camouflage genocidal intent with humanitarian law jargon.
61. International law does not permit the blanket claim that an opposing force is using the
entire population as human shields en bloc. Any such usage must be assessed and established
on a case-by-case basis before each individual attack. 206 The crime of using human shields
occurs when the use of civilians or civilian objects to impede attacks on lawful targets is the
result of a deliberate tactical choice, not merely arising from the nature of the battlefield, such
as hostilities in densely populated urban terrain. 207
62. Nevertheless, Israeli authorities have characterized churches, 208 mosques, 209
schools, 210 UN facilities, 211 universities, 212 hospitals and ambulances 213 as connected with
Hamas to reinforce the perception of a population characterized as broadly ‘complicit’ and
therefore killable. Significant numbers of Palestinian civilians are defined as human shields
simply by being in “proximity to” potential Israeli targets. 214 Israel has thus transformed Gaza
into a “world without civilians” in which “everything from taking shelter in hospitals to
fleeing for safety is declared a form of human shielding”. 215 The accusation of using human
shields has thus become a pretext, justifying the killing of civilians under a cloak of purported
legality, whose all-enveloping pervasiveness admits only of genocidal intent.
When human shields are used, the attacking party must take into account the risk to civilians. 191 Indiscriminate or disproportionate harm to civilians remains unlawful and the civilian population can never be targeted.
So, from this I understand that every time Israel makes an accusation of “human shields”, it’s a direct admission of guilt of war crimes in that they are knowingly targeting civilians.
There’s a very good report to the UN Human Rights Council on the human rights situation in the Palestinian occupied territories, numbered as A/HRC/55/73, which has a very good section on human shields.
So, from this I understand that every time Israel makes an accusation of “human shields”, it’s a direct admission of guilt of war crimes in that they are knowingly targeting civilians.