Enabling state violence in times of genocide: the International Committee of the Red Cross’s Commentary on human shields

Abstract In 2025, the International Committee of the Red Cross published an updated Commentary on the Fourth Geneva Convention of 1949, presenting it as a tool that can strengthen civilian protection in contemporary warfare. Focusing on the new interpretation of Article 28 prohibiting the use of human shields, we argue that the new Commentary in effect broadens the legal justifications for killing civilians and destroying civilian objects. The ICRC’s new interpretation is especially troubling as it coincides with Israel’s genocide in the Gaza Strip, where Israel has incessantly invoked the provision on human shields to cover its violations of IHL and the Genocide Convention. If the entire battlefield can be cast as an illegal human shielding space to justify atrocity crimes, then the rules-based order created in the aftermath of World War II to regulate war according to humanitarian principles becomes a tool for its own undoing.

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Publication Details

Journal
London Review of International Law
Published
2026-11-03
DOI
https://doi.org/10.1093/lril/lrag019
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Enabling state violence in times of genocide: the International Committee of the Red Cross’s Commentary on human shields

Neve Gordon, Nicola Perugini
London Review of International Law
International Law and Human Rights
article

Enabling state violence in times of genocide: the International Committee of the Red Cross’s Commentary on human shields

Neve Gordon, Nicola Perugini
article en

Abstract

Abstract In 2025, the International Committee of the Red Cross published an updated Commentary on the Fourth Geneva Convention of 1949, presenting it as a tool that can strengthen civilian protection in contemporary warfare. Focusing on the new interpretation of Article 28 prohibiting the use of human shields, we argue that the new Commentary in effect broadens the legal justifications for killing civilians and destroying civilian objects. The ICRC’s new interpretation is especially troubling as it coincides with Israel’s genocide in the Gaza Strip, where Israel has incessantly invoked the provision on human shields to cover its violations of IHL and the Genocide Convention. If the entire battlefield can be cast as an illegal human shielding space to justify atrocity crimes, then the rules-based order created in the aftermath of World War II to regulate war according to humanitarian principles becomes a tool for its own undoing.

London Review of International Law
Queen Mary University of London (GB)
Openalex Percentile: Top 6%
International Law and Human Rights
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Enabling state violence in times of genocide: the International Committee of the Red Cross’s Commentary on human shields — Neve Gordon, Nicola Perugini · London Review of International Law (2026) | TGRS Research Map | TGRS