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Last update - 01:13 04/09/2005
IDF still uses human shields, in violation of High Court ruling
By Arnon Regular
The Israel Defense Forces is still using Palestinians as human
shields, in defiance of a High Court of Justice ruling forbiding the
practice, Haaretz has learned.
An IDF force broke into Mahmoud Rajabi's home in the Jabel Johar
neighborhood in eastern Hebron at about 4 A.M. last Wednesday and forced
three brothers to serve as human shields.
Some 15 soldiers, armed with rifles, machine guns and observation
equipment, took over the fourth-floor apartment where the 16 members of the
Rajabi family live, at least half of them minors. The family consists of
Rajabi and his wife, their children and his son Nabil and his children.
Family members said the soldiers ordered most of them to leave, but
held three of Rajabi's sons - Nabil, 30, Raja'ai, 19 and Najah, 13 - captive
in the apartment. The three were used as human shields during the soldiers'
stay, against their will. The soldiers wouldn't tell them how long the
operation would last or how long they intended to remain in their home. The
remaining family members went to other apartments in the building, which is
owned by Rajabi.
At first, the IDF spokesman denied that the three brothers were being
held against their will and said they could leave whenever they wanted. But
the force's commander told Haaretz that they were holding the three until
the operation ended.
Apparently unaware of the IDF's obligation under the High Court
decision not to use civilians as human shields, Liron said it was normal
procedure intended "to protect his soldiers' lives." He was also unaware of
the IDF Spokesman's denial that the three were being held until the end of
the operation.
The commander said that he and the troops were using the family
members "to prevent stone throwing and bomb hurling at the soldiers in the
house."
He confirmed three men were being held inside the apartment but said,
"We are treating them very well here, not at all like enemies. They know
we're not here to harm them."
Asked if he knew of the High Court ruling prohibiting the use of
civilians as human shields, he said, "I don't know of any violation of the
law. I'm ready to do anything to protect my soldiers. What would happen if
while I left the building my deputy was attacked with stones or a bomb?"
Asked what he would do if anyone did the same to his family, the
commander said, "You're going into politics now, and I don't deal with
politics."
Nabil Rajabi said, "The soldiers entered the building without showing
any order or telling us why they were breaking in. They ordered the others
to leave and told us to stay with them. We had to be with them all the
time."
The soldiers left the family's home before dawn on Friday.
The IDF has said in the past that it obeys the court ruling and denied
that such means are still in use.
The Rajabis' lawyer, Laviv Haviv, sent a letter to the Judea and
Samaria district attorney demanding the brothers be released. "This patently
illegal act constitutes a severe infringement of the Rajabi family's rights
and dignity, after they were driven out of their apartment," he wrote.
The IDF spokesman said, "Every year starting the first day of Elul
(Monday), there are 20 days, on 10 of which only Jews are permitted to pray
in the Cave of the Patriarchs [in Hebron]. On the other 10 days, only
Muslims are permitted to pray in the cave."
The IDF has been preparing to safeguard the Jewish and Muslim services
in the cave, when many worshippers arrive to pray. As part of the
deployment, the troops took over commanding positions on rooftops, and in
some cases reinforced the troops. In one of the buildings that was taken
over, the commander kept some of the civilians at home. This is in violation
of procedures and will be thoroughly investigated with all appropriate
seriousness.
The IDF is doing all it can to enable both religions' ritual freedom
and allocates numerous forces to preserve the worshippers' security and
enforce law and order during the events."
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