Impermissible Targeting of Human Shields

Abstract

An assumption underpinning the literature on human shields is that it is possible to distinguish between a voluntary shield and an involuntary shield. This is a claim I challenge with the purpose of demonstrating that the conventional basis on which we currently determine which human shields are liable to targeting is morally unjustifiable. Given the difficulty in tracking intentions, any presumption on the part of the targeting agent to know ex ante whether a civilian is volunteering to be a shield cannot be adequately substantiated. I argue that, in lieu of categorising human shields as ‘voluntary’ and ‘involuntary’, we accept our epistemic limitations and recognise that we cannot know whether a shield has volunteered in the relevant sense of the word. This leads me to the conclusion that shields ought not be considered direct participants in hostilities, but rather be presumed to be non-combatants.