RoccoR
Gold Member
Indofred, et al,
Sometime, claims such as these, are not obvious in the reality of today.
While you may say this, does the actual evidence support this?
Does this actually comply with the tenants and edicts of the Hamas Charter?
Obviously, you have never been in a firefight, or in a place subject to rocket and mortar fire.
When someone shoots at you, the assumption is that they mean to kill you. I've never heard of benevolent rocket and mortar fire.
I was going to say, this is as easy as 1, 2, 3; but then, the more I thought, the more confusing it got.
The idea behind the allegation of "collective punishment" is based on a couple premises that the Palestinian hold dear, but are in contention.
The premise that the entire State of Israel (under any border schema) is an Occupation. Or, as some Palestinians say, anything West of the Jordan River is Occupied Territory. The importance of this premise is that it makes any crime the Palestinians commit a "domestic" crime and not a violation of International Law. Their argument is that Israel has no international border and therefore, they don't cross international triggers or tripwires. But it also make every Israeli an illegal settler on Palestinian Land.
The premise that any an all means are legal for the Palestinian to pursue in the struggle for self-determination. There is no act that the Palestinians can perpetrate against the Israeli, since every Israeli is an illegal settler and fruit of a foreign invasion. This has the subtext of the concept that collectively, since they are all criminals, they have no right to resist. And that Israel, no having recognized borders, have no sovereign integrity they can legally defend.
This leads to the outcome that any and all security or means of military suppression of Palestinian activity that protects Israel is unlawful in itself.
A really neat question, relative to the concept that Israel is a wholly subsidiary of Palestine, is whether or not Palestine is an Arab State?
Under Arab Convention, "all cases of struggle by whatever means, including armed struggle, against foreign occupation and aggression for liberation and self-determination, in accordance with the principles of international law, shall not be regarded as an offence." Thus, the quarantine of the Palestinian Aggressor in Gaza, trying to suppress the Israeli pursuit of Independence and its right to self-determination as an official policy of its government, it not only a "domestic matter" (outside the rule of international law), but entirely legal. It is not collective punishment, but an extension of the Arab approach of: "by any means."
(EPILOG)
Now, if the entire scenario is turned around, then Israel is recognized by the Palestinian as an independent state, outside of Palestine, the argument changes significantly.
(QUESTION)
Which is it?
Most Respectfully,
R
Sometime, claims such as these, are not obvious in the reality of today.
(COMMENT)I condemn all violence against innocents.
Yes, that does include violence against someone because they believe in something different to the belief structure of the attacker.
While you may say this, does the actual evidence support this?
Does this actually comply with the tenants and edicts of the Hamas Charter?
(COMMENT)I also condemn collective punishment against a whole people, as we see with Israeli government mass murder in Gaza, because some of their number are daft enough to fire ineffective rockets into Israel.
Obviously, you have never been in a firefight, or in a place subject to rocket and mortar fire.
When someone shoots at you, the assumption is that they mean to kill you. I've never heard of benevolent rocket and mortar fire.
Collective Punishment:
ARTICLE 33 said:No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.
- Pillage is prohibited.
- Reprisals against protected persons and their property are prohibited.
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Statement by the President of the Security Council S/PRST/2010/19 said:The Security Council condemns terrorism in all its forms and manifestations, reaffirms that any terrorist acts are criminal and unjustifiable regardless of their motivations, whenever and by whomsoever committed, and reaffirms that terrorism cannot and should not be associated with any religion, nationality or ethnic group."
SOURCE: ODS HOME PAGE
Article 2 said:Terrorism
Any act or threat of violence, whatever its motives or purposes, that occurs in the advancement of an individual or collective criminal agenda and seeking to sow panic among people, causing fear by harming them, or placing their lives, liberty or security in danger, or seeking to cause damage to the environment or to public or private installations or property or to occupying or seizing them, or seeking to jeopardize a national resources.
a. All cases of struggle by whatever means, including armed struggle, against foreign occupation and aggression for liberation and self-determination, in accordance with the principles of international law (see Special Note below), shall not be regarded as an offence. This provision shall not apply to any act prejudicing the territorial integrity of any Arab State.
b. None of the terrorist offences indicated in the preceding Article shall be regarded as a political offence. In the application of this Convention, none of the following offences shall be regarded as a political offence, even if committed for political motives:
(i) Attacks on the kings, heads of State or rulers of the Contracting States or on their spouses and families;
(ii) Attacks on crown princes, vice-presidents, prime ministers or ministers in any of the Contracting States;
(iii) Attacks on persons enjoying diplomatic immunity, including ambassadors and diplomats serving in or accredited to the Contracting States;
(iv) Premeditated murder or theft accompanied by the use of force directed against individuals, the authorities or means of transport and communications;
(v) Acts of sabotage and destruction of public property and property assigned to a public service, even if owned by another Contracting State;
(vi) The manufacture, illicit trade in or possession of weapons, munitions or explosives, or other items that may be used to commit terrorist offences.
Special Note: Under the Principles of International Law (Principles of International Law concerning Friendly Relations and Co-operation among States)
UN Rule of Law said:Every State has the duty to refrain from the threat or use of force to violate the existing international boundaries of another State or as a means of solving international disputes, including territorial disputes and problems concerning frontiers of States.
States have a duty to refrain from acts of reprisal involving the use of force.
Every State has the duty to refrain from any forcible action which deprives peoples referred to in the elaboration of the principle of equal rights and self-determination of their right to self-determination and freedom and independence.
Every State has the duty to refrain from organizing or encouraging the organization of irregular forces or armed bands including mercenaries, for incursion into the territory of another State.
Every State has the duty to refrain from organizing, instigating, assisting or participating in acts of civil strife or terrorist acts in another State or acquiescing in organized activities within its territory directed towards the commission of such acts, when the acts referred to in the present paragraph involve a threat or use of force.
SOURCE: http://www.unrol.org/files/3dda1f104.pdf
SOURCE: https://www.unodc.org/tldb/pdf/conv_arab_terrorism.en.pdf
I was going to say, this is as easy as 1, 2, 3; but then, the more I thought, the more confusing it got.
The idea behind the allegation of "collective punishment" is based on a couple premises that the Palestinian hold dear, but are in contention.
The premise that the entire State of Israel (under any border schema) is an Occupation. Or, as some Palestinians say, anything West of the Jordan River is Occupied Territory. The importance of this premise is that it makes any crime the Palestinians commit a "domestic" crime and not a violation of International Law. Their argument is that Israel has no international border and therefore, they don't cross international triggers or tripwires. But it also make every Israeli an illegal settler on Palestinian Land.
The premise that any an all means are legal for the Palestinian to pursue in the struggle for self-determination. There is no act that the Palestinians can perpetrate against the Israeli, since every Israeli is an illegal settler and fruit of a foreign invasion. This has the subtext of the concept that collectively, since they are all criminals, they have no right to resist. And that Israel, no having recognized borders, have no sovereign integrity they can legally defend.
This leads to the outcome that any and all security or means of military suppression of Palestinian activity that protects Israel is unlawful in itself.
The Double-Edged Sword:
Israel is a Member State of the United Nations.
Israel has established international boundaries or Armistice Arrangement with every adjacent Member State.
Israel is protected by Article 51, of the UN Charter, and the established inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations.
Israel is a Member State of the United Nations.
Israel has established international boundaries or Armistice Arrangement with every adjacent Member State.
Israel is protected by Article 51, of the UN Charter, and the established inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations.
- If, as the Palestinians claim, there are no international boundaries (Israel is wholly and entirely inside Palestine), then it is a "domestic issue," and has a consequence: Israelis not subject to international law relative to the conflict with the Palestinians, and the Palestinians are not subject to the protections under international law. It becomes questionable if Israel (not being an Arab State), is subject to an offense; under the Arab Convention.
- If the Palestinians are going to claim that International Law applies, then it must make a case as to how it is not a domestic issue, but an international issue. Otherwise, it becomes a case that the Israelis attempting to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of it's peoples, and to take, by whatever means necessary, measures to strengthen universal peace and its security. That would mean against those Hostile Arab/Palestinian opposed to the Israeli right to independence. Under the Arab Terrorism Convention, struggle by whatever means, for liberation of Israel and self-determination, in accordance with the principles of international law, shall not be regarded as an offence.
A really neat question, relative to the concept that Israel is a wholly subsidiary of Palestine, is whether or not Palestine is an Arab State?
(COMMENT)I'm at it, I condemn Israel's illegal blockade of Gaza and their clear attempt to drive the people out by starvation.
Under Arab Convention, "all cases of struggle by whatever means, including armed struggle, against foreign occupation and aggression for liberation and self-determination, in accordance with the principles of international law, shall not be regarded as an offence." Thus, the quarantine of the Palestinian Aggressor in Gaza, trying to suppress the Israeli pursuit of Independence and its right to self-determination as an official policy of its government, it not only a "domestic matter" (outside the rule of international law), but entirely legal. It is not collective punishment, but an extension of the Arab approach of: "by any means."
(EPILOG)
Now, if the entire scenario is turned around, then Israel is recognized by the Palestinian as an independent state, outside of Palestine, the argument changes significantly.
(QUESTION)
Which is it?
- Is Israel an Independent State, outside any claim by the Palestinians that it is Occupied?
- Or is Israel a territorial subsidiary of Palestine, without borders, and occupies that land?
Most Respectfully,
R