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22 Stan. L. & Pol'y Rev. 93 (2011)
Human Shields in Modern Armed Conflicts: The Need for a Proportionate Proportionality

handle is hein.journals/stanlp22 and id is 95 raw text is: HUMAN SHIELDS IN MODERN ARMED CONFLICTS: THE NEED FOR A PROPORTIONATE PROPORTIONALITY Amnon Rubinstein,* Yaniv Roznai** It would not be right ... that the Aggressor Power should gain one set of advantages by tearing up all laws, and another set by sheltering behind the innate respect for law of its opponents. Humanity, rather than legality, must be our guide. -Winston S. Churchill INTRODUCTION The use of civilians as human shields during hostilities has become one of the major problems facing democracies in contemporary armed conflicts. As the modem battlefield has moved from the front, where armies clash, to populated urban environments in which civilians' involvement in hostilities has been dramatically augmented, so, too, the use of human shields has dramatically escalated. Indeed, the use of civilians as human shields during armed conflicts has become an important weapon in waging a new type of warfare that relies on the belligerent's observance of international law. This Article asserts that, despite their growing importance, these occurrences are not given the attention they deserve from the international community. Moreover, in our view, the existing application-by some international community members-of the laws of war regarding the use of civilians as human shields in armed conflicts leads to absurd and harmful results, with major theoretical and practical implications for Western and American defense policy makers. Part I of the Article reviews the issue of human shields in modern armed conflicts. Part II reviews the international laws of armed conflict governing the * Law Professor, Interdisciplinary Center (IDC), Herzliya, Israel; an Israel Prize laureate. ** PhD Candidate, the London School of Economics and Political Science (LSE), UK. The authors would like to thank Liav Orgad, Tal Becker, and the participants of the Stanford Defense Policy Symposium for their invaluable comments on an earlier draft of this piece, and to Stefanie Raker and Carine Rozen for assistance with editing. The authors would also like to express their appreciation to the staff of the Stanford Law and Policy Review, especially Gabe Ledeen, Ashley Romero, Noah Smith-Drelich, and Elizabeth Balassone for their insightful editing and earnest diligence. 93

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