Norma relacionada
Israel
Practice Relating to Rule 113. Treatment of the Dead
Israel’s Manual on the Laws of War (1998) states: “It is imperative to tend to the enemy’s wounded and dead.”
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, p. 44.
The manual further states: “[A legal] combatant is entitled to the status of a prisoner of war, according him … protection against the abuse of dead soldiers’ bodies.”
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, p. 46.
According to the manual, it is absolutely forbidden to abuse the corpses of the enemy’s dead.
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, p. 61.
Israel’s Manual on the Rules of Warfare (2006) states: “The bodies of the fallen must not be desecrated and they must be given suitable burial.”
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, p. 30.
The manual further states:
It is absolutely forbidden to desecrate the bodies of the enemy’s fallen. Such actions do not contribute anything to the fighting and destroy the human image of both the fallen soldier and the desecrator.
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, p. 39.
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
In its judgment in Physicians for Human Rights v. Commander of the IDF Forces in the West Bank in 2002, Israel’s High Court of Justice stated:
Though we are unable to express a position regarding the specific events mentioned in the petition … we see fit to emphasize that our combat forces are required to abide by the rules of humanitarian law regarding the care of the wounded, the ill and bodies of the deceased.
Israel, High Court of Justice, Physicians for Human Rights v. Commander of the IDF Forces in the West Bank, Judgment, 8 April 2002.
In its ruling in the Barake case in 2002, dealing with the question of when, how and by whom the mortal remains of Palestinians who died in a battle in Jenin refugee camp should be identified and buried, Israel’s High Court of Justice stated: “Needless to say, the burial will be made in an appropriate and respectful manner, maintaining the respect for the dead. In this matter, no distinction will be made between the bodies of armed combatants and the bodies of civilians.”
Israel, High Court of Justice, Barake case, Ruling, 14 April 2002, § 8.
