RoccoR
Gold Member
Billo_Really, et al,
Well, some of this is simply wrong.
PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW : International Criminal Code (Rome Statues): (Went into force on July 2002: 21st Century Law)
Article 7(1d) --- Crimes Against Humanity
• Deportation or forcible transfer of population;
Article 7(2d) --- Crimes Against Humanity
• "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
Article 8(2a)(vii) --- War Crimes
• Unlawful deportation or transfer or unlawful confinement;
Article 8(2b)(viii) --- War Crimes
The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
Article 49: Deportations, Transfers, and Evacuations, Fourth Geneva Convention
Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.
The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the same family are not separated.
The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place.
The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.
(COMMENT)
First, let's tackle the easy one. There are some (a few) UN Resolutions that have the forces of law. But most of the 100 Resolution are not violations because they are not binding. The claim is a gross exaggeration of the facts.
Second: (Remember: You framed your objection to: "transferring a population under occupation")
You have to be talking about some action that happened AFTER 1967. Because prior to 1967, there was no "occupied Palestinian territory (oPt)."
"Article 49 is "intended to prevent a practice adopted during the Second World War by certain Powers, which transferred portions of their own population to occupied territory for political and racial reasons or in order, as they claimed, to colonize those territories. Such transfers worsened the economic situation of the native population and endangered their separate existence as a race." (COMMENTARY OF 1958)
"Unlawful deportation or transfers" were introduced among the grave breaches, defined in Article 147 [ Link ] of the Convention as calling for the most severe penal sanctions.
I do agree that it sounds like an absolute prohibition, but the exceptions include for reasons of the security of the protected persons or the imperative need in "military necessity."
The 1948 Palestinian exodus (AKA: Nakba) is an allegation pertaining to the occurence when more than 700,000 Palestinian Arabs fled or were expelled from their homes, during the period December 1947 to January 1949.
• Prior to 15 May 1948, there was no State of Israel, the State of Israel could not have "occupied" any territory prior to that date.
Most Respectfully,
R
Well, some of this is simply wrong.
(REFERENCE)Israel is in violation of over 100 UN resolutions and you have the gall to claim it's the Pals who can't live with their neighbors?
Let me spell it out for you, twisted sister, it doesn't matter what fancy little name you want to call it, transferring a population under occupation is ILLEGAL!
PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW : International Criminal Code (Rome Statues): (Went into force on July 2002: 21st Century Law)
Article 7(1d) --- Crimes Against Humanity
• Deportation or forcible transfer of population;
• "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
• Unlawful deportation or transfer or unlawful confinement;
The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.
The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the same family are not separated.
The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place.
The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.
(COMMENT)
First, let's tackle the easy one. There are some (a few) UN Resolutions that have the forces of law. But most of the 100 Resolution are not violations because they are not binding. The claim is a gross exaggeration of the facts.
Second: (Remember: You framed your objection to: "transferring a population under occupation")
You have to be talking about some action that happened AFTER 1967. Because prior to 1967, there was no "occupied Palestinian territory (oPt)."
"Article 49 is "intended to prevent a practice adopted during the Second World War by certain Powers, which transferred portions of their own population to occupied territory for political and racial reasons or in order, as they claimed, to colonize those territories. Such transfers worsened the economic situation of the native population and endangered their separate existence as a race." (COMMENTARY OF 1958)
"Unlawful deportation or transfers" were introduced among the grave breaches, defined in Article 147 [ Link ] of the Convention as calling for the most severe penal sanctions.
The 1948 Palestinian exodus (AKA: Nakba) is an allegation pertaining to the occurence when more than 700,000 Palestinian Arabs fled or were expelled from their homes, during the period December 1947 to January 1949.
• Prior to 15 May 1948, there was no State of Israel, the State of Israel could not have "occupied" any territory prior to that date.
Most Respectfully,
R