RoccoR
Gold Member
P F Tinmore, et al,
Maybe. I could say the same about your premise: That it is not an international conflict.
How is the term "Armed Conflict" defined in international humanitarian law?
17-03-2008
Opinion paper - definition of "international armed conflict" and "non-international armed conflict" under International Humanitarian Law, the branch of international law which governs armed conflict.
The States parties to the 1949 Geneva Conventions have entrusted the ICRC, through the Statutes of the International Red Cross and Red Crescent Movement, " to work for the understanding and dissemination of knowledge of international humanitarian law applicable in armed conflicts and to prepare any development thereof " Statutes of the International Red Cross and Red Crescent Movement, art. 5, para. 2(g).. It is on this basis that the ICRC takes this opportunity to present the prevailing legal opinion on the definition of " international armed conflict " and " non-international armed conflict " under International Humanitarian Law, the branch of international law which governs armed conflict.
International humanitarian law distinguishes two types of armed conflicts, namely:
In order for your premise to be true, it has to be declared that the State of Israel does not exist; OR --- the State of Palestine does not exist; --- OR both do not exist as a State.
In order to be a "High Contracting Party" to the UN Charter, or the Geneva Convention, or the Rome Statutes, the "party" must be a state and have the capacity to enter into the agreement. Both the State of Israel (1948) and the State of Palestine (1988) have entered into treaties and agreements under the 1969 VIENNA CONVENTION ON THE LAW OF TREATIES:
I can demonstrate quite easily that Israel is a "state:"
So, in order for the argument to be made that the conflict is not an international nature, there would be no State of Palestine (alla 1988).
Is that your point?
Most Respectfully,
R
Maybe. I could say the same about your premise: That it is not an international conflict.
How is the term "Armed Conflict" defined in international humanitarian law?
17-03-2008
Opinion paper - definition of "international armed conflict" and "non-international armed conflict" under International Humanitarian Law, the branch of international law which governs armed conflict.
The States parties to the 1949 Geneva Conventions have entrusted the ICRC, through the Statutes of the International Red Cross and Red Crescent Movement, " to work for the understanding and dissemination of knowledge of international humanitarian law applicable in armed conflicts and to prepare any development thereof " Statutes of the International Red Cross and Red Crescent Movement, art. 5, para. 2(g).. It is on this basis that the ICRC takes this opportunity to present the prevailing legal opinion on the definition of " international armed conflict " and " non-international armed conflict " under International Humanitarian Law, the branch of international law which governs armed conflict.
International humanitarian law distinguishes two types of armed conflicts, namely:
- international armed conflicts, opposing two or more States, and
- non-international armed conflicts, between governmental forces and non-governmental armed groups, or between such groups only. IHL treaty law also establishes a distinction between non-international armed conflicts in the meaning of common Article 3 of the Geneva Conventions of 1949 and non-international armed conflicts falling within the definition provided in Art. 1 of Additional Protocol II.
In order for your premise to be true, it has to be declared that the State of Israel does not exist; OR --- the State of Palestine does not exist; --- OR both do not exist as a State.
In order to be a "High Contracting Party" to the UN Charter, or the Geneva Convention, or the Rome Statutes, the "party" must be a state and have the capacity to enter into the agreement. Both the State of Israel (1948) and the State of Palestine (1988) have entered into treaties and agreements under the 1969 VIENNA CONVENTION ON THE LAW OF TREATIES:
PART II. CONCLUSION AND ENTRY INTO FORCE OF TREATIES
SECTION 1. CONCLUSION OF TREATIES
Article 6 Capacity of States to Conclude Treaties: Every State possesses capacity to conclude treaties.
SECTION 1. CONCLUSION OF TREATIES
Article 6 Capacity of States to Conclude Treaties: Every State possesses capacity to conclude treaties.
(REFENRENCES)You are basing your post on the false premise that this is an international conflict.
- Israel Declaration of Independence
- Israeli Declaration to Append the Application to the United Nations
- Application of Israel for admission to membership in the United Nations (A/818)
- Favorable Recommendation of the application of Israel for membership in the United Nations, by the UN Security Council
- 273 (III). Admission of Israel to membership in the United Nations
- Peace Treaty between The Government of the Arab Republic of Egypt and the Government of the State of Israel
- Treaty of Peace between the Hashemite Kingdom of Jordan and the State of Israel
I can demonstrate quite easily that Israel is a "state:"
- Established under its right to self-determination under the UN guidance proved in the Steps Preparatory to Independence found in General Assembly 181(II).
- Wherein the UN made an official and world-wide public press announcement that the GA/RES/181(II) was implemented.
- Where by the State of Israel made application for FULL membership to the UN.
- Where by the UN Security Council recommended the admission to the UN.
- Where by the General Assembly accepted the State of Israel as a FULL member.
So, in order for the argument to be made that the conflict is not an international nature, there would be no State of Palestine (alla 1988).
Is that your point?
Most Respectfully,
R