P F Tinmore
Diamond Member
- Dec 6, 2009
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I think people call Israel an occupation for the lack of a better term. It is an occupation in the sense that it is a foreign military power controlling land that is not theirs. You know that an occupation is preceded by the attack phase. This is military attacks on the territory. The occupation begins when the foreign forces take control of the civil administration and the local military is no longer in force..P F Tinmore, et al,
Oh this is one of the most ridiculous of claims that the Hostile Arab Palestinian (HoAP) has ever made. It presupposes that hostile action --- taken by the HoAP --- against the Occupation Forces --- are NOT crimes punishable by law, because it is somehow legal for the Palestinians to do so.
NOTHING could be further from the truth.
There is NO LAW against making a defense in the face of direct criminal activity.
(COMMENT)Nice duck.
BTW, you can't claim, self defense against occupied territories.
•• Protected Persons (in this case the HoAP) who commit an offense which is solely intended to harm the Occupying Power (in this case the Israeli controlled assets and interests), shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offense committed.
•• Protected Person (in this case the HoAP) in cases where the HoAP is guilty of espionage, of serious acts of sabotage against military installations of the Occupying Power (in this case the Israeli controlled assets and interests) or of intentional offences which have caused the death of one or more persons (this includes all people), shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offense committed..
•• The Occupying Power (in this case the Israeli controlled assets and interests) may impose the death penalty on a Protected Person (in this case the HoAP) in cases where such offenses were punishable by death under the law of the occupied territory in force before the occupation began.
§ The two primary concerns of Bedouin law are incidents of bloodshed and issues regarding women. Bedouin customary law systems reflect the established beliefs and rules which predate the establishment of Islam. Understanding the Bedouin customary law is particularly important because customary laws govern most issues among the Bedouin people in tandem with the state justice system.
§ Prior to the Israeli Occupation, the West Bank was subject to Jordanian Law when it was abandon in the hands of the Israelis (Terra Nullius). While Israeli Law is used, cases are also considered in the shadow of Sharia Law and Jordanian Law as references.
For reference see:
It should be remembered that Article 20 of the International Covenant on Civil and Political Rights
Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.
PENAL LEGISLATION. V. PENALTIES. DEATH PENALTY
ARTICLE 68 [ Link ]
(ICCPR), described as being “among the strongest condemnations of hate speech”, states:
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
In the context that perpetuating the erroneous belief that it is some how "legal" for the HoAP to conduct hostile actions and violence against the Occupying Power, encourages the unenlightened to do so ... as done here in you comment ... is a violation of International Human Rights Law.
Of course I don't expect the HoAP to pay any attention to that, and will just go on believing that they are perfectly entitled and correct to encourage Jihadism, Deadly Fedayeen Action, Hostile Insurgency Operations, Radicalized Islamic Behaviors, and Asymmetric Violence. But really, they are in violation of the ICCPR that entry into force 23 March 1976; just by encouraging such.
Most Respectfully,
R
At this point the territory is under civil control using local civil laws with few exceptions. Any attacks (resistance) against the occupation is a matter of civilian law enforcement not military action. Life under occupation should be fairly normal for the local population.
Although Palestine is under military control, Israel has not fully transitioned into the occupation phase. The rules of occupation include the rights of the occupying power (Article 68) and a number of obligations and restrictions. Israel violates virtually all of its obligations and restrictions. Israel has not become a "legal" occupation.
This "occupation" can only be defined by its true activities. Settler colonialism.