The Classification of Civilians as Human Shields: a Means to Justify Violence?

Sammanfattning: Human shields have been increasingly documented in contemporary theatres of war. In this context, it is interesting to examine the circumstances in which the attacking party classifies the civilians they face as human shields. Therefore, this thesis focuses on the use of the classification of human shields by belligerents facing civilians during armed conflicts. The paper sets forth the argument that this legal category has been instrumentalized to justify civilian casualties, assigning the entire responsibility to the adversary. To support this claim, the research provides legal clarifications on the concept of human shields, the status of civilians used as such, and the obligations of the attacking party facing them. This involves uncovering the gaps and uncertainties in the law regarding human shields on the one hand, and the principle of proportionality on the other hand. Despite those uncertainties, this thesis maintains that human shields should be treated as civilians and that the principle of proportionality should apply normally. The subsequent examination of two case studies, the civil war in Sri Lanka and the conflict between Israel and Palestine, evaluates the patterns of instrumentalization of the category of human shields to avoid war crime accusations. Due to the lack of legal definition, the classification of human shields is being extended to cover up to hundreds of thousands of civilians, and allows for stretching the principle of proportionality to raise the threshold of acceptable casualties. This process often involves parallel narrative building to adapt the facts to this discourse. The case studies reveal the specific role of human shielding in instrumentalizing International Humanitarian Law. However, coupled with proportionality, these legal tools question the construction and the role of International Humanitarian Law in protecting civilians during armed conflicts. The appraisal of Israel’s modus operandi indeed demonstrates how the practice of instrumentalization has been systematized and shapes the course of hostilities.