Case Number
HCJ 8990/02
Date Decided
4-27-2003
Decision Type
Original
Document Type
Full Opinion
Abstract
Facts: Petitioner requested an order that would prohibit the IDF from employing flechette shells in the context of military activities in the Gaza Strip. According to petitioners, the use of flechette shells means increased danger that there will be inadvertent casualties to non-combatants. As such, petitioners assert, flechette shells should be prohibited by the law of war.
Held: The Court held that, since the use of flechette shells was not prohibited by international conventions, it could not grant the petition. The Court noted that it had previously held that it would not intervene in the IDF’s choice of military weapons, which it employs order to prevent terrorist attacks. The Court further held that it believed that the IDF had properly set out the conditions under which the use of flechettes was authorized. Of course, the question of whether the use of flechettes is justified under individual circumstances is given to the discretion of the authorized commander. This commander will act according the military directives, which are intended to prevent casualties among residents who do not endanger the IDF forces or Israeli civilians.
Keywords
International Law -- International Humanitarian Law, International Law -- Laws of war
