Israeli soldiers gaza
© Israeli Defense ForceIsraeli snipers seen on the border with Gaza during the Great March of Return, March 30, 2018
Human rights groups argue the army's open-fire regulations violate international law. The government claims the use of deadly force is justified - even against unarmed demonstrators.

Israel's High Court of Justice heard on Monday a major challenge to the IDF's rules of engagement, which permit the use of live fire against demonstrators who pose no danger to human life.

Monday's session saw opening arguments in two petitions submitted by several prominent human rights organizations - one by the Association for Civil Rights in Israel (ACRI), Yesh Din, Gisha, and HaMoked: Center for the Defence of the Individual and one by Adalah and Al Mezan Center for Human Rights - in the wake of deadly violence against mostly unarmed Palestinian demonstrators in Gaza over the past month.

While the IDF's open-fire regulations are not publicly available - the army refused to disclose the rules of engagement in response to the petition, claiming that they are classified - the army's actions at the border and statements made by top commanded formed the legal basis for the petition.
soldiers gaza march of return
© Oren Ziv / Activestills.orgIsraeli soldiers face Palestinian protesters in Gaza during the Return March protests. April 13, 2018.
The human rights organizations argue that there is no prohibition on holding demonstrations in Gaza, that violence or attempts to cross or damage the Gaza barrier fence should be seen as civil disturbances - not armed warfare - and, therefore, that the demonstrations are neither subject to the laws of war nor instances in which the use of live fire is justified.

"The state is referring to passages that turn international law on its head," said attorney Michael Sfard, representing Israeli NGO Yesh Din, during Monday's hearing. Sfard charged that the government had fabricated a new legal category to justify using deadly force against individuals who present no immediate danger to human life, but who are part of a mass or large group that could pose a danger in the future.

"The use of deadly force against a civilian is only permitted if that civilian poses an immediate danger, these are the rules of international law," Sfard stated. "We are dealing with the most dramatic power the state has - to injure, to wound, to kill. This isn't the place for legal games."

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Joshua Leifer is an associate editor at +972 Magazine. His writing has also appeared in Dissent, Jacobin, and n+1. He is currently based in Jerusalem.