Israeli Supreme Court allows police to conceal open-fire regulations

The Israeli Supreme Court has allowed police to keep open-fire regulations concealed from public scrutiny, overturning lower court decisions ordering police to publish regulations.

Although the ruling was made in June, the Supreme Court placed a publication ban on its own decision. At the request of legal rights group Adalah, the June decision has now been released.

In 2015, Adalah filed a petition to the Lod District Court “seeking to compel the police to make public sensitive sections of its newly-issued open-fire regulations”. The court ruled partially in favour of Adalah’s petition and the Israeli police appealed against that ruling.

Sections of the regulations kept under wraps include “officers’ directives for confronting demonstrations in East Jerusalem and the Naqab (Negev) regions; directives for opening fire on minors; and directives regarding use of the Ruger sniper rifle for crowd dispersal purposes”.

Two weeks before the court hearing, the police revealed portions of the regulations, which state that “an officer is permitted to open fire [with live ammunition] directly at an individual who clearly appears to be throwing or is about to throw a firebomb, or who is shooting or is about to shoot fireworks, in order to prevent endangerment”.

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“Stone-throwing using a slingshot” is also specified as an example of the sort of action that would justify the fatal use of live ammunition.

Other parts of the regulations remained censored, however, such as those dealing with the use of live fire against: “1) suicide bombers; 2) a fleeing vehicle in which a hostage is being held; and also 3) directives regarding use of the Ruger rifle”.

The Israeli Supreme Court decision in June ruled in favour of the Israeli police’s appeal, thus preserving the classified status of these sections of the regulations.

Adalah Attorney Mohammad Bassam, who filed the petition seeking the publication of the open-fire regulations, said: “The [Lod] District Court emphasized in its decision that revealing the regulations would increase officers’ caution and adherence [to the regulations] prior to opening fire”.

“The Supreme Court, however, has assumed an opposing position that is intended to shield police directives from public criticism, thus hindering efforts to bring officers to justice for violations of the regulations”.

He added: “In a reality in which Israeli police policy promotes a light trigger finger – and in which officers shoot to kill in contravention of regulations – these regulations must be visible and clear in order to limit the use of deadly gunfire”.