Sunday, October 23, 2016

The use in the Middle East of civilians in armed conflicts as human shields

The present developments in Mosul are putting on the table the unlawful issue of the use of civilians as human shields for Arab armed forces. The United Nations have already expressed their concern about the ISIS taking of 550 families from villages surrounding Mosul to the city, apparently to avoid them fleeing and to use them as human shields. This is done in the framework of what is expected to be the largest attack since the US invasion of Iraq in 2003 and the ousting of the dictator Saddam Hussein. There are currently about five thousand US soldiers in Iraqi soil, from which about a hundred are counselling the Kurdish Peshmerga and the Iraqi troops.

This wouldn´t be the first time in the last decades in the Middle East that captive populations are used in armed conflicts as human shields. During the 1991 operations in the Gulf War, the Iraqi Government moved a large quantity of weapons and military equipment into civilian areas with the deliberate purpose of using them as shields against attacks on legitimate military targets. During the Second Intifada (2000–2005) Palestinian gunmen routinely used civilians and children as human shields, for which there is photographic evidence. In 2006 the Hizballah used Christian villages in Lebanon as human shields whilst they lead a rocket aggression towards Nahariya and the coastal Galilee. In Gaza the Hamas has used civilians to shield their military operations against the Israelis, and footage has been released showing Hamas' Al-Aqsa TV calling upon children to form a human shield at various structures in Gaza to prevent anticipated IDF airstrikes. On the Hamas unashamed exposition of their tactics of using civilians as a shield against the Israeli Army, see the Hamas MP Fathi Hammad speech in al-Aqsa TV: https://www.youtube.com/watch?v=CWIDZ7Jpdqg









Picture taken during the Gaza war of 2008-2009 showing civilians gathered on a roof to avoid attacks from the IDF (Israel Defense Forces).








In the past, Hamas has shot from the Islamic University of Gaza, used an UNRWA school as a munition arsenal, relocated a police northern command to the Kam’el Adwuan Hospital, hide terrorists in the Shifa Hospital, etc.


It seems that now the ISIS is using this technique in the defense of their positions in Mosul, one that is illegal by nations that are parties to the 1949 Geneva Conventions, the 1977 Additional Protocol I to the Geneva Conventions, and the 1998 Rome Statute. But of course the international law is of no concern for ISIS, for whom only the Sha’aria, the Islamic law, counts.