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Israeli Supreme Court Leans on International Law in Age of Terrorism 1 - 2 - 3 - 4

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..

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