The protests by Palestinians on the Gaza border fall into the category of a state of war and thus human rights law does not apply to the rules of engagement, the state said in its response to a High Court petition filed by human rights groups.



According to the response, the Israeli forces’ rules of engagement comply with both Israeli and international law.

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“The state opposes the applying of human rights law during an armed conflict,” the state wrote, adding that the Red Cross had acknowledged that such law indeed did not have to be applied during such a state of affairs.



In their so-called March of Return, Gazans have been protesting each Friday at the Gaza border fence. In the demonstrations, the Israeli army has killed 45 protesters and wounded thousands; the army says it is trying to stop the fence from being breached.



The state said the demonstrations were part of hostile acts by Hamas against Israel, though Israel did not necessarily see participation in violence at the border fence or the approaching of the fence as direct participation in a hostile act. Each case should be examined individually, it said.



The State Prosecutor’s Office distinguishes between protesters demonstrating and protesters trying to break into Israel to attack soldiers and civilians.



The state’s response relied on a 2015 High Court ruling on a petition by a demonstrator on the Lebanese border who was shot by the Israeli army. According to the ruling, the breaking-up of a violent, life-threatening protest allows for the use of potentially deadly force. </s> After five weekends of bloody clashes on the Gaza border, Israel’s high court on Monday considered a number of petitions filed by human rights groups aimed at forcing the army to reconsider its use of live fire to quell the protests.

A total of 44 protesters have been killed and thousands wounded, many by live fire, in the March of Return protests, which are expected to peak in mid-May, when the Palestinians mark the 70th anniversary of the founding of the state of Israel, which they regard as the Nakba, or catastrophe, and the birth of the Palestinian refugee problem.

One of the judges said no other court in the world would address the question of rules of engagement during a conflict but no decision was taken on Monday and the court will reconvene before the judges make their decision.

The petitions, filed by six human rights groups, demanded that the court revoke the army’s rules of engagement that authorise soldiers to use live fire on demonstrators along the Gaza border who are not endangering human lives.

The groups taking the case included the Association for Civil Rights in Israel, Yesh Din, Gisha and Hamoked: Centre for the Defence of the Individual.

The petitioners claimed demonstrations in Gaza were not prohibited and that if incidents turned violent or there were attempts to breach the border, these were civil disturbances and therefore it was legally permissible to open fire only when there was an immediate danger to human life.

The petitioners further claimed that even if the area was considered a combat zone due to the conflict between Israel and Hamas, the demonstrations themselves were not part of the fighting and the rules of war did not apply to them.

The state claimed that the security forces’ rules of engagement along the border corresponded with Israeli and international law, arguing that the legal basis for the petitions was “faulty and deficient”.

“The petitioners have drawn incorrect legal conclusions, first and foremost regarding the classification of the events as ostensibly ‘quintessentially civil incidents’. A proper reality check shows that these are events that compose part of the armed conflict between the Hamas terror organisation and Israel, with all that this entails,” it said.

Amnesty International has called for an arms embargo against Israel, which it accused of carrying out a “murderous assault” on Palestinians participating in the protests.

“For four weeks the world has watched in horror as Israeli snipers and other soldiers, armed with full protective gear and behind the border fence, attack Palestinian demonstrators with live ammunition and tear gas,” Amnesty’s Middle East and North Africa deputy director Magdalena Mughrabi said. “Despite international condemnation, the Israeli army has not retracted its illegal orders to shoot unarmed demonstrators.”

A senior Israeli officer told the Ha’aretz newspaper that most of the army’s killings of Palestinians during the Gaza-border protests resulted from snipers aiming at demonstrators’ legs, with the killings an unintentional outcome after a protester bent down, a sniper missed or a bullet ricocheted. </s> Israeli state attorneys on Sunday defended the army's use of live ammunition during clashes with Palestinian protesters along the Gaza Strip's eastern fence.

They said human rights laws are not applicable to the ongoing protests, which they argued cannot be considered civilian events. Thus, they said Israeli forces acted in line with both Israeli and international law in killing and wounding dozens of protesters, Haaretz reported Thursday.

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"The Palestinian protests on Gaza's border fall into the ‘state of war' category; thus human rights laws do not apply to the [Israeli army's] rules of engagement in this regard," state attorneys asserted in response to petitions filed with Israel's High Court by a number of human rights groups.

Dozens of protesters have been killed and more than 1,000 others have been injured as Israeli forces suppress the demonstrations with deadly force. The protesters intend to go on with the march until May 15, Israeli Independence Day, when they will commemorate the 70th anniversary of the displacement of the Palestinian population, which Palestinians call "al-Nakba," or "the catastrophe." </s> In response to a petition filed by human rights groups against the disproportionate use of force and live ammunition against unarmed Palestinian protesters, Israeli Army said its actions were consistent with Israeli and international laws.

The army has claimed that the Great March of Return is similar to “a state of war”, therefore, human rights laws do not apply.

Without providing any evidence, Israel claimed that during the demonstrations, “Hamas carried out acts of aggression against Israel” which prompted “sustained armed confrontation between the two sides.”

These claims have been refuted by witnesses on the ground. </s> Israel's use of live fire in Gaza protests faces legal test

JERUSALEM (AP) — Israel's Supreme Court on Monday heard the first legal challenge of the military's open-fire rules, after 39 Palestinians were killed and more than 1,700 wounded by Israeli fire during mass protests on the Gaza border over the past month.

The hearing came amid growing international criticism of Israel for its use of lethal force and a mounting casualty toll since the weekly protests, organized by Gaza's ruling Hamas, began in late March. Organizers say the mass demonstrations are to continue for at least two more weeks, with some threatening a mass border breach.

The court is not expected to rule before next week, in what human rights lawyer Michael Sfard said is the first broad review of the army's rules of engagement in almost three decades.

On Monday, six human rights groups asked the Supreme Court to declare as unlawful any regulations that allow soldiers to open fire at unarmed civilians.

Lawyers for the groups said Israel's response to the Gaza protests must follow the rules of engagement for law enforcement officers, who are barred from using lethal force unless they face imminent danger to "life and limb."

The Israeli military argued that the protests are taking place in the context of a long-running armed conflict with the Islamic militant group Hamas, and that open-fire regulations are subject to the rules of armed conflict. Such rules provide greater leeway for the use of lethal force than those governing law enforcement practices.

Sfard said the army's rules of engagement don't meet international standards of law enforcement and that the laws of armed conflict don't apply in this case. "Lethal force against unarmed civilians who do not pose danger is illegal," he said. "This is the crux of the case."

Michael Oren, a deputy Israeli Cabinet minister, said the protests "are designed to break down the border and any army is charged with defending a border." He acknowledged that mistakes might have been made in some of the shootings and that "bullets can do unpredictable things."

The weekly marches are aimed in part at trying to break a border blockade of Gaza, imposed by Israel and Egypt after Hamas overran the territory in 2007, a year after winning Palestinian parliament elections. Organizers say the marches also press for the "right of return" of refugees and their descendants to what is now Israel.

The protests, dubbed the "Great March of Return," are to culminate in a mass gathering on the border on May 15, a day Palestinians mark as their "nakba," or catastrophe, to commemorate their mass uprooting during the 1948 war over Israel's creation.

Hamas leaders have issued warnings about a possible border breach, but stopped short of specific threats. "Our steadfast national decision is to continue the March of Return and of breaking the siege," Hamas leader Ismail Haniyeh said Monday. He said he hoped the idea would catch on in the West Bank and elsewhere.

In the weekly protests, thousands of Palestinians have been heading toward Gaza's border area with Israel. A majority stay in or near five tent camps, each set up several hundred meters (yards) from the border fence. Typically, smaller groups move closer to the fence, throwing stones, burning tires and or hurling firebombs.

Soldiers, including snipers, are perched behind protective sand berms on the other side of the border.

Last Friday, hundreds of Palestinians converged on a stretch of fence, trying to burn and rip through it before drawing heavy Israeli fire. Three Palestinians were killed and dozens were wounded in the incident, the most serious attempt so far by a large group to break down the barrier.

The rights groups that petitioned the high court said that even if protests turn into riots, lethal force against unarmed demonstrators can only be used a last resort — in the event of a life-threatening situation. The groups said that in several cases caught on video, protesters were targeted while standing dozens of meters from the fence, or while trying to take cover. Among those killed were four minors and two journalists.

The Israeli military said Hamas has used the protests as cover to damage the fence and carry out attacks. On Sunday night, Israeli troops fatally shot two Palestinians who infiltrated from Gaza and attacked soldiers with explosives, the military said. A third Palestinian was killed during an attempted border breach, it said.

In its court brief, the army said Gaza militants have planted some two dozen explosives along the fence. </s> Israeli and Palestinian rights groups went to Israel’s Supreme Court on Monday in a bid to stop the army’s use of lethal force against Palestinians during protests and clashes on the Gaza border.

Forty-eight Palestinians have been killed by Israeli fire on the frontier since the start of protests that organisers have dubbed the Great March of Return on March 30, with more than 1,500 wounded.

No Israelis have been hurt.

The army has accused Hamas, the Islamist group that runs Gaza and has fought three wars with Israel since 2008, of seeking to use the protests as cover to carry out attacks.

Five Israeli NGOs and the Gaza-based Al Mezan Centre for Human Rights argued that international law bars the use of lethal fire against unarmed demonstrators.

The Israeli government’s written response to the petitions says the Gaza protests are not peaceful civilian demonstrations but “part of the armed conflict between the state of Israel and the Hamas terrorist organisation.”

It adds that live fire is only used as a last resort after non-lethal means have failed to stop actions it considers “a real danger” to Israeli troops and civilians living near the border with Gaza.

Speaking in the packed Jerusalem courtroom Monday, attorney Suhad Bishara, representing Israeli rights group Adalah, said the facts indicated otherwise.

“The great majority of those shot were at a distance from the (border) fence,” she said.

“There is systematic use of lethal fire with no justification.”

The army’s rules governing use of live fire are officially classified but widely known in a country where most Israelis perform compulsory military service.

“What we know is that the Israeli army has tailored a new type of rules of fire regulation which do not meet international standards,” lawyer Michael Sfard, for the other Israeli NGOs, told reporters after the hearing.

“Israeli case law is very clear that rules of engagement are secret and privileged,” he said.

“But we know enough about them to argue that these sections which allow lethal force against unarmed civilians who do not pose danger are illegal. This is the crux of the case.”

The government response says the open-fire regulations “conform to international law as well as Israeli law, including the Supreme Court’s jurisprudence”.

The judges gave each side until May 6 to submit written precedents in support of their arguments, after which it will deliver its ruling.

The European Union and UN chief Antonio Guterres have called for an independent investigation into the deaths, but the Jewish state has rejected the idea.

The United States, Israel’s strongest backer, has blocked moves for a probe at the United Nations. </s> Israeli and Palestinian rights groups went to Israel's Supreme Court on Monday in a bid to stop the army's use of lethal force against Palestinians during protests and clashes on the Gaza border.

Forty-eight Palestinians have been killed by Israeli fire on the frontier since the start of protests that organisers have dubbed the Great March of Return on March 30, with more than 1,500 wounded.

No Israelis have been hurt.

The army has accused Hamas, the Islamist group that runs Gaza and has fought three wars with Israel since 2008, of seeking to use the protests as cover to carry out attacks.

Five Israeli NGOs and the Gaza-based Al Mezan Centre for Human Rights argued that international law bars the use of lethal fire against unarmed demonstrators.

The Israeli government's written response to the petitions says the Gaza protests are not peaceful civilian demonstrations but "part of the armed conflict between the state of Israel and the Hamas terrorist organisation."

It adds that live fire is only used as a last resort after non-lethal means have failed to stop actions it considers "a real danger" to Israeli troops and civilians living near the border with Gaza.

Speaking in the packed Jerusalem courtroom Monday, attorney Suhad Bishara, representing Israeli rights group Adalah, said the facts indicated otherwise.

"The great majority of those shot were at a distance from the (border) fence," she said.

"There is systematic use of lethal fire with no justification."

The army's rules governing use of live fire are officially classified but widely known in a country where most Israelis perform compulsory military service.

"What we know is that the Israeli army has tailored a new type of rules of fire regulation which do not meet international standards," lawyer Michael Sfard, for the other Israeli NGOs, told reporters after the hearing.

"Israeli case law is very clear that rules of engagement are secret and privileged," he said.

"But we know enough about them to argue that these sections which allow lethal force against unarmed civilians who do not pose danger are illegal. This is the crux of the case."

The government response says the open-fire regulations "conform to international law as well as Israeli law, including the Supreme Court's jurisprudence".

The judges gave each side until May 6 to submit written precedents in support of their arguments, after which it will deliver its ruling.

The European Union and UN chief Antonio Guterres have called for an independent investigation into the deaths, but the Jewish state has rejected the idea.

The United States, Israel's strongest backer, has blocked moves for a probe at the United Nations. </s> Israeli and Palestinian rights groups went to Israel's Supreme Court on Monday in a bid to stop the army's use of lethal force against Palestinians during protests and clashes on the Gaza border.

Forty-eight Palestinians have been killed by Israeli fire on the frontier since the start of protests that organizers have dubbed the Great March of Return on March 30, with more than 1,500 wounded.

No Israelis have been hurt.

The army has accused Hamas, the Islamist group that runs Gaza and has fought three wars with Israel since 2008, of seeking to use the protests as cover to carry out attacks.

Five Israeli NGOs and the Gaza-based Al Mezan Centre for Human Rights argued that international law bars the use of lethal fire against unarmed demonstrators.

The Israeli government's written response to the petitions says the Gaza protests are not peaceful civilian demonstrations but "part of the armed conflict between the state of Israel and the Hamas terrorist organization."

It adds that live fire is only used as a last resort after non-lethal means have failed to stop actions it considers "a real danger" to Israeli troops and civilians living near the border with Gaza.

Speaking in the packed Jerusalem courtroom Monday, attorney Suhad Bishara, representing Israeli rights group Adalah, said the facts indicated otherwise.

"The great majority of those shot were at a distance from the (border) fence," she said.

"There is systematic use of lethal fire with no justification."

The army's rules governing use of live fire are officially classified but widely known in a country where most Israelis perform compulsory military service.

"What we know is that the Israeli army has tailored a new type of rules of fire regulation which do not meet international standards," lawyer Michael Sfard, for the other Israeli NGOs, told reporters after the hearing.

"Israeli case law is very clear that rules of engagement are secret and privileged," he said.

"But we know enough about them to argue that these sections which allow lethal force against unarmed civilians who do not pose danger are illegal. This is the crux of the case."

The government response says the open-fire regulations "conform to international law as well as Israeli law, including the Supreme Court's jurisprudence."

The judges gave each side until May 6 to submit written precedents in support of their arguments, after which it will deliver its ruling.

The European Union and U.N. chief Antonio Guterres have called for an independent investigation into the deaths, but Israel has rejected the idea.

The United States, Israel's strongest backer, has blocked moves for a probe at the United Nations. </s> The Israeli authorities say that human rights laws do not apply to ongoing Palestinian protests along the Gaza Strip’s eastern border, Israeli daily Haaretz reported Thursday.

The Israeli government made the assertion in response to a petition lodged with Israel’s High Court by a handful of human rights groups.

“The Palestinian protests on Gaza’s border fall into the ‘state of war’ category, thus human rights laws do not apply to the [Israeli army’s] rules of engagement in this regard,” Haaretz reported.

Therefore, the newspaper explained, the Israeli army’s rules of engagement “are consistent with both Israeli and international law”.

It added: “The state opposes the application of human rights laws during times of armed conflict.”

Since the peaceful border rallies began on Mar. 30, at least 47 Palestinian demonstrators -- including five children -- have been martyred by cross-border Israeli gunfire, according to the Palestinian Health Ministry.

Thousands of others have reportedly been injured -- more than 140 seriously -- over the same period.

Since Mar. 30, Gazans have staged mass rallies along the Gaza Strip’s eastern border to demand the “right of return” to their homes in historical Palestine from which they were driven in 1948 to make way for the new state of Israel.

The rallies are part of a six-week demonstration that will culminate on May 15. That day will mark the 70th anniversary of Israel's establishment -- an event Palestinians refer to as "The Nakba" or "The Catastrophe".
The Israeli High Court rules the protests to be a state of war and that human rights are therefore not applicable.