General

B’Tselem urges soldiers to refuse to shoot protestors in Gaza: Shooting unarmed protestors is illegal, and a command to do so is a grossly illegal command

by B’Tselem, 04 April 2018. Tomorrow (Thursday) B’Tselem
will launch a campaign entitled “Sorry, Sir,   I can’t shoot”. The
campaign will include newspaper advertisements clarifying to soldiers that they
must refuse to open fire on unarmed demonstrators. The organization is taking
this unusual step following last Friday’s events, when soldiers used live fire
against unarmed demonstrators. Of at least 17 Palestinians killed that day, 12
were killed at the protests. Hundreds more were injured by live gunfire.
 


The military is preparing for
the demonstrations, but instead of attempting to reduce the number of those
killed or injured, official sources have announced in advance that soldiers
will use live fire against demonstrators even if they are hundreds of meters
from the fence. B’Tselem warned of the
expected outcome of this policy and now, ahead of the expected demonstrations
this Friday, it is again clarifying that shooting unarmed demonstrators is
illegal and that orders to shoot in this manner are manifestly illegal.
 
The responsibility for issuing
these unlawful orders and for their lethal consequences rests with the policy
makers and – above all – with Israel’s prime minister, defense minister, and
the chief of staff. They are also the ones who bear the obligation to change
these regulations immediately, before this Friday’s planned protests, in order
to forestall any further casualties. That said, it is also a criminal offense
to obey patently illegal orders. Therefore, as long as soldiers in the field
continue to receive orders to use live fire against unarmed civilians, they are
duty-bound to refuse to comply.  
B’Tselem wishes to emphasize
that the illegality of such orders “is not a question of form, nor is it
imperceptible, or partially imperceptible.” On the contrary, it is a case of
“unmistakable illegality patently evident in the order itself, it is a command
that bears a clearly criminal nature or that the actions it orders are of a
clearly criminal nature. It is an illegality that pains the eye and outrages
the heart, if the eye be not blind and the heart be not callous or corrupt.”
Contrary to the impression
given by senior military officers and government ministers, the military is not
permitted to act as it sees fit, nor can Israel determine on its own what is
permissible and what is not when dealing with demonstrators. Like all other
countries, Israel’s actions are subject to the provisions of international law
and the restrictions they impose on the use of weapons, and specifically the
use of live fire. The provisions limit its use to instances involving tangible
and immediate mortal danger, and only in the absence of any other alternative.
Israel cannot simply decide that it is not bound by these rules.
 

The use of live ammunition
blatantly unlawful in the case of soldiers firing from a great distance at
demonstrators located on the other side of the fence that separates Israel from
the Gaza Strip. In addition, it is impermissible to order soldiers to fire live
ammunition at individuals for approaching the fence, damaging it, or attempting
to cross it. Obviously, the military is allowed to prevent such actions, and
even to detain individuals attempting to carry them out, but firing live
ammunition solely on these grounds is absolutely prohibited.