Mosquito Protocol

The use of Palestinian civilians as human shields by the Israeli occupation army in its current war on Gaza has returned to the forefront after being exposed by press reports last October. This time, however, the report was revealed by the Hebrew newspaper Haaretz, which relies on the testimonies of soldiers who participated in the war on Gaza. This crime is being carried out under the pseudonym "Mosquito Protocol."

This protocol, according to the soldiers' own testimonies, is based on forcing Palestinian prisoners and civilians into areas deemed "dangerous" or buildings that the soldiers suspect are booby-trapped, or to explore tunnels before the soldiers advance, under the pretext of preserving the soldiers' lives first. One soldier explicitly stated this by saying, "Our lives are more important than theirs."

The use of civilians as human shields is a grave breach of international humanitarian law. The Fourth Geneva Convention criminalizes this practice, deeming it a complete crime. Stepping back a little, the Israeli Supreme Court explicitly prohibited this practice in 2005, following a legal petition filed by human rights organizations during the Second Intifada in 2002, most notably Adalah. The court deemed the use of Palestinian civilians in what was then known as the "neighbor procedure," a similar crime, whereby soldiers force neighbors or relatives of "wanted" Palestinians to knock on doors and persuade them to surrender. The presiding judge at the time, Justice Aharon Barak, described this practice as "cruel and barbaric."

Ironically, Justice Barak himself was among the International Court of Justice judges who heard the genocide case brought by South Africa. He was among two of the fifteen judges who dissented from the Court’s decision, along with Ugandan Judge Sibutinde. This confirms that the Israeli judicial system is a functional component and an integral part of an integrated colonial system when it comes to Palestinian rights. It is worth remembering that last week, the Israeli Supreme Court justices unanimously rejected petitions by human rights organizations demanding the entry of humanitarian aid into Gaza. This is a clear violation of the established rules of international law, internationally recognized as applicable to the occupied Palestinian territories, a serious violation of the International Court of Justice’s decisions in the genocide case, and a clear contradiction of its advisory opinion.

These practices cannot be understood without considering the psychological and social aspects that drive soldiers and commanders to commit these crimes. According to psychoanalysts, these crimes stem from a logic of "superiority and superiority" that is constantly nurtured within soldiers, making them see themselves as "of higher value" than Palestinian civilians. This leads them to make inhumane decisions without the slightest sense of guilt or moral responsibility towards the victims. This reinforces an integrated system of human indifference and justifies all forms of violence against Palestinians. Psychological analyses go further, pointing to the state of "dehumanization" that is constantly practiced against Palestinians, causing soldiers to view Palestinians as beings "devoid" of human feelings and value. This leads them to commit these crimes without feeling hesitation or guilt, justifying these crimes to themselves and minimizing their enormity in their eyes.

Historically, this was not the first time that Palestinian civilians were used as human shields. However, what "distincts" the current phase is the documentation of crimes through direct confessions and the complete absence of serious international legal deterrence. This requires human rights organizations to re-evaluate their approach to dealing with this level of war crimes. Verbal statements and condemnations are not enough. Rather, real steps must be taken to ensure that these crimes are prevented from recurring, that "justice" is achieved for the victims, and that Palestinian civilians are protected. This also raises difficult moral questions about the meaning of justice, the reality of the international community's commitment to humanitarian values, and its role in protecting the rights of Palestinians, which are guaranteed and protected by international law in its three generations, in accordance with what is stipulated in international charters, covenants, declarations, and agreements, which are not subject to negotiation.

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This was not the first time Palestinian civilians were used as human shields, but what "distincts" the current phase is the documentation of crimes through direct confessions and the complete absence of serious international legal deterrence.