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Concept
Human shield
Summary
A human shield is a non-combatant (or a group of non-combatants) who either volunteers or is forced to shield a legitimate military target in order to deter the enemy from attacking it.
The concept of human shields as a resistance measure was created by Mahatma Gandhi as a weapon of resistance. On the other hand, the weaponization of civilians has also developed as a tactic by some non-state actors like ISIS.
Human shield (law)
Forcing non-combatants to serve as human shields is a war crime according to the 1949 Geneva Conventions, the 1977 Additional Protocol I to the Geneva Conventions, and the 1998 Rome Statute.
According to law professor Eliav Lieblich, "Armed groups might be responsible for harm that they occasion to civilians under their control. But to argue that this absolves the other party from responsibility is to get both law and morality wrong."
Law professor Adil Ahmad Haque states that involuntary shields "retain their legal and moral protection from intentional, unnecessary, and disproportionate harm." He argues against the position of the United States Department of Defense (as well as the United Kingdom and some scholars) that attackers may discount or disregard collateral harm in determining proportionality and states that these views are "legally baseless and morally unsound".
Authors Neve Gordon and Nicola Perugini, elaborating on their book, Human Shields: A History of People in the Line of Fire, discuss "proximate shields", humans as shields merely due to proximity to belligerents and assert that this type has become "by far the most prominent type of shield in contemporary discourse". They say that the proximate shielding accusation has been used by States to cover-up war crimes against civilian populations and that human rights organizations frequently fail to question this charge which they claim is being improperly used to justify civilian deaths.
Indian revolutionary Mahatma Gandhi had created the concept of human shield as a tool of resistance.
Official source
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