General Discussion
In reply to the discussion: An Open Letter to Elie Wiesel - Have You No Shame, Sir? [View all]JDPriestly
(57,936 posts)The High Court justices reasoned the outlawing of the "neighbor procedure" by noting that under international law, as interpreted in The Hague, a local resident cannot be "volunteered" to assist an army in its operations in occupied territory; moreover, an army is bound to remove innocent civilians from an area of hostile activity. In light of the substantial inequality in the power of the IDF and that of the local resident, the procedure cannot be based on consent because this is not genuine, for the most part. It is also difficult to know in advance what missions are dangerous, and therefore, citizens must not be involved in military activities, which are dangerous by nature. Even when limitations are set, "There is the danger of spilling over into the totally forbidden practice inherent in the means that the procedure permits."
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The High Court exists in order to determine society's legal framework, and it is the duty of the IDF to function within this framework, and not to purport to determine it. Even if we are dealing with a life-saving measure, as the IDF argues, the Palestinian residents cannot be treated as "means of combat." Just as the police don't endanger neighbors or family members of criminals during attempts to apprehend them, so too must the IDF behave with regard to civilians who are subject to its protection in accordance with international law.
http://www.haaretz.com/print-edition/opinion/neighbors-won-t-be-serving-1.171577
Using civilians as human shields is wrong no matter who does it. And the Israeli court ordered the IDF to cease that practice.
I am waiting to find out whether the Hamas "manual" is a fraud or not. I really don't know. Have you seen any statements from Hamas disowning it or any more information about it. If it is a hoax, that should become very clear pretty soon. Please post any information you find either confirming or disproving the authenticity of it.