About a year later, in October 2005, the HCJ issued its judgment, ruling that any use of Palestinian civilians during military actions is forbidden, including the “prior warning procedure”.
However, soldiers continue to occasionally use Palestinians as human shields even after the court ruling, especially during military operations. Despite the fact this violates an HCJ ruling, the security establishment, including the military law enforcement system, has responded feebly – if at all.
For example, over the course of Operation Cast Lead, which took place in Gaza from December 2008 to January 2009, B'Tselem and other organizations were informed of incidents in which soldiers used Palestinians as human shields. The vast majority of these reports were never investigated, and those that did resulted in no further action. Soldiers were prosecuted in one case only. The two soldiers in question had ordered a nine-year-old boy, at gunpoint, to open a bag they suspected was booby-trapped. Despite the gravity of their conduct – putting a young child at risk – the two were given a three-month conditional sentence and demoted from staff sergeant to private, some two years after the incident took place. None of their commanding officers were tried.
During Operation Protective Edge in Gaza, in 2014, B’Tselem again received testimonies regarding soldiers’ use of Palestinians as human shields. This time, no one was prosecuted.
