|Israeli Supreme Court Leans on International Law in Age of Terrorism
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Using the Geneva Conventions as a guide, the Supreme Court
of Israel extended civilian protection to terrorists, with the proviso
that they don’t “take a direct part in hostilities,” said Justice
Beinisch. Even then, she continued, terrorists must be spared attack
if less harmful actions can be taken. She also said the Court
ruled that attacks on suspected terrorists are subject to thorough
and independent investigation, and compensation should be
paid if the suspect is harmed and proven innocent.
In another decision cited by Justice Beinisch, the Supreme
Court of Israel struck down the army’s use of an early warning
system. Under this procedure, the army enabled citizens
to leave a building with suspected terrorists. Beinisch said the
Court ruled that the potential use of citizens as “human shields”
violated international law..