RoccoR
Gold Member
Billo Really, et al,
I guess that nothing in your eyes we be justified.
Rule 50. The destruction or seizure of the property of an adversary is prohibited, unless required by imperative military necessity.
Most Respectfully,
R
I guess that nothing in your eyes we be justified.
(COMMENT)No it is not wrong. You cannot have a transfer of ownership in an area under occupation. Here's the Law of Occupation, which is the governing principle in the OPT. I've highlighted the ones that show you're off your rocker.Billo_Really, et al,
That would be wrong. Although that is the "Rule of Thumb."
(COMMENT)Eminent domain is illegal in an area under occupation.Governments may take private property through their power of "eminent domain" or may regulate it by exercising their Police Power. There are a variety are subject to eminent domain, such as natural resources, mineral rights and land utilization and title rights. The government takes private property through depending on the power of the state and the legal processes enforce.
Understand that there are three instances in which "Eminent Domain" is valid.
1. When the action is processed in accordance with the civilian law in force.
2. In the case of imperative military necessity.
3. Deny terrorist safe havens.
The United Nations Global Counter-Terrorism Strategy
Art. 46. Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected.
Private property cannot be confiscated.
The principal rule (#50) of respect for private property is explicitly set forth in some manuals which are applicable in non-international armed conflicts. This rule does not, however, establish a specific separate rule outside the prohibition of destruction or seizure except in case of imperative military necessity (see Rule 50) and the prohibition of pillage (see Rule 52). No rule could be identified for non-international armed conflicts which would prohibit, according to international law, the confiscation of private property, nor is there a rule of international law which allows such confiscation. It is expected, however, that this question would be regulated in national legislation.
II. Measures to prevent and combat terrorism
We resolve to undertake the following measures to prevent and combat terrorism, in particular by denying terrorists access to the means to carry out their attacks, to their targets and to the desired impact of their attacks:
This is an offshoot of the Law and Order clause.
- To refrain from organizing, instigating, facilitating, participating in, financing, encouraging or tolerating terrorist activities and to take appropriate practical measures to ensure that our respective territories are not used for terrorist installations or training camps, or for the preparation or organization of terrorist acts intended to be committed against other States or their citizens.
- To cooperate fully in the fight against terrorism, in accordance with our obligations under international law, in order to find, deny safe haven and bring to justice, on the basis of the principle of extradite or prosecute, any person who supports, facilitates, participates or attempts to participate in the financing, planning, preparation or perpetration of terrorist acts or provides safe havens.
When the Jordanians cut all ties with the West Bank, the civilian law mimicked Israeli Law.
Art. 43. The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.
Most Respectfully,
R
The duties of the occupying power are spelled out primarily in the 1907 Hague Regulations (arts 42-56) and the Fourth Geneva Convention (GC IV, art. 27-34 and 47-78), as well as in certain provisions of Additional Protocol I and customary international humanitarian law.
Agreements concluded between the occupying power and the local authorities cannot deprive the population of occupied territory of the protection afforded by international humanitarian law (GC IV, art. 47) and protected persons themselves can in no circumstances renounce their rights (GC IV, art. 8).
The main rules o f the law applicable in case of occupation state that:
- The occupant does not acquire sovereignty over the territory.
- Occupation is only a temporary situation, and the rights of the occupant are limited to the extent of that period.
- The occupying power must respect the laws in force in the occupied territory, unless they constitute a threat to its security or an obstacle to the application of the international law of occupation.
- The occupying power must take measures to restore and ensure, as far as possible, public order and safety.
- To the fullest extent of the means available to it, the occupying power must ensure sufficient hygiene and public health standards, as well as the provision of food and medical care to the population under occupation.
- The population in occupied territory cannot be forced to enlist in the occupier's armed forces.
- Collective or individual forcible transfers of population from and within the occupied territory are prohibited.
- Transfers of the civilian population of the occupying power into the occupied territory, regardless whether forcible or voluntary, are prohibited.
- Collective punishment is prohibited.
- The taking of hostages is prohibited.
- Reprisals against protected persons or their property are prohibited.
- The confiscation of private property by the occupant is prohibited.
- The destruction or seizure of enemy property is prohibited, unless absolutely required by military necessity during the conduct of hostilities.
- Cultural property must be respected.
- People accused of criminal offences shall be provided with proceedings respecting internationally recognized judicial guarantees (for example, they must be informed of the reason for their arrest, charged with a specific offence and given a fair trial as quickly as possible).
- Personnel of the International Red Cross/Red Crescent Movement must be allowed to carry out their humanitarian activities. The ICRC, in particular, must be given access to all protected persons, wherever they are, whether or not they are deprived of their liberty.
Let me say this again, you cannot take possession of any area under occupation. Period.
Rule 50. The destruction or seizure of the property of an adversary is prohibited, unless required by imperative military necessity.
Most Respectfully,
R