Introduction to Symposium on Critical Perspectives on Human Shields

Abstract

This symposium is dedicated to the legal challenges posed by human shielding, a growing phenomenon intricately linked to the increasing "weaponization" of human bodies in contemporary warfare. 1 Human shielding refers to the deployment of civilians in order to deter attacks on combatants or military sites as well as their transformation into a technology of warfare. The dramatic increase of urban warfare has meant that civilians inevitably occupy the front lines, blurring the distinction between civilians and combatants. This, in turn, raises serious ethical and legal dilemmas relating to the use of violence. From Gaza City through Mosul in Iraq to Sri Lanka, accusations that combatants are using human shields as an instrument of protection, coercion, or deterrence have multiplied in the past few of years.The word shield, in relation to human shield issues, first appears in the 1977 Additional Protocol I to the Geneva Conventions. Article 51(7) both prohibits the use of human shields and reiterates that it is legitimate for militaries to attack areas protected by human shields, provided that they abide by the principles of proportionality and military necessity.The presence or movement of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favor or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations. 2