RoccoR
Gold Member
Billo_Really, et al,
REFERENCE: "Billo_Really, post: 12695670, member: 2873"
Yeah, --- The more the belligerent the protected population interferes with the
When a territory is placed under the authority of a hostile army, the rules of international humanitarian law dealing with occupation apply. Occupation confers certain rights and obligations on the occupying power.
Prohibited actions include forcibly transferring protected persons from the occupied territories to the territory of the occupying power.
It is unlawful under the Fourth Geneva Convention for an occupying power to transfer parts of its own population into the territory it occupies. This means that international humanitarian law prohibits the establishment of settlements, as these are a form of population transfer into occupied territory. Any measure designed to expand or consolidate settlements is also illegal. Confiscation of land to build or expand settlements is similarly prohibited.
These complaint (IMHO) are part of an overall strategy to justify their continued violence and to coerce the political system into backing their lack of legal merit. The mere attempt to put a time limit on ICC investigations is an example of such a frivolous strategy. They would have little or no chance of being won; if the Palestinian complaint reached by to the time of Jordan's severing all ties.
The basic issues in the Arab-Israeli Conflict are not about the legal standing and /or ownership of this or that; it is not even about the rights of the indigenous population. It is about a decision that was made by the League of Nations and the United Nations that is trying to be overturned some half a century later by Arab-Palestinians that lost their bid to overturn by political --- then military --- and now Legal Means. It is an attempt to undermine the decisions of the past and reset the clock for the Arab-Palestinians convenience, without paying any consequence for their actions and activities over the last half century. Just as it is immoral to pay honors and gold to the perpetrators of the Munich Olympic Massacre, or to hero worship the perpetrators those that of the Piracy of the MS Achille Lauro and push and Jewish American in a Wheelchair overboard, or when they shot and killed US Navy Seabee then throw his body on the tarmac, or when the Arab-Palestinians of Gaza began firing rockets, and more rockets into Israel. An act of war that no other country would tolerate. We are talking about a culture of people that have no regard for life and no moral equivalency with the West. They are the people that complained about the UN provided school books which did not endorse violence. The same people that send their children to Jihad Summer Camp.
The conflict is not about any of the things that "Billo_Really" quibbles about; although it is easy to fall into that trap. It is about whether or not the world wants another culture like the Iranians, the Iraqis, the Yemenis, the Syrian --- or another nation that is susceptible to radicalized Islamic terrorism to replace Israel. If the region for some reason, loses containment, it will not be long before the surrounding nations will begin to see the effects of Palestinian Terrorists migrating into their countries.
Most Respectfully,
R
REFERENCE: "Billo_Really, post: 12695670, member: 2873"
Yeah, --- The more the belligerent the protected population interferes with the
When a territory is placed under the authority of a hostile army, the rules of international humanitarian law dealing with occupation apply. Occupation confers certain rights and obligations on the occupying power.
Prohibited actions include forcibly transferring protected persons from the occupied territories to the territory of the occupying power.
It is unlawful under the Fourth Geneva Convention for an occupying power to transfer parts of its own population into the territory it occupies. This means that international humanitarian law prohibits the establishment of settlements, as these are a form of population transfer into occupied territory. Any measure designed to expand or consolidate settlements is also illegal. Confiscation of land to build or expand settlements is similarly prohibited.
- The occupant does not acquire sovereignty over the territory.
- For the most part, Israel has not attempted to annex or establish sovereignty over the territory. Their are a few minor exceptions. They were national imperatives.
- Occupation is only a temporary situation, and the rights of the occupant are limited to the extent of that period.
- The Occupation of the West Bank, was established when it was sovereign Jordanian territory. The occupation existed after the Jordanians relinquished control and the territory became ungoverned under international law. The Occupation was tolerant to the self-determination of the PLO when it declared independence with Occupied territory.
- Collective or individual forcible transfers of population from and within the occupied territory are prohibited.
- This is correct. The three international laws are Article 7 - Crime Against Humanity §(1d) deportation or forcible transfer of population, Rome Statutes International Criminal Code (RS-ICC); and Article 8 - War Crimes §(2a) (vii)-1 (RS-ICC); and Article 8 - War Crimes - §2b-viii, (RS-ICC); and ALL three are covered under Rule 130 Customary International Humanitarian Law (IHL).
- Transfers of the civilian population of the occupying power into the occupied territory, regardless whether forcible or voluntary, are prohibited.
- Well not exactly. If you read Article 7 §(2d), RS-ICC, you will note the following: "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;
- PLEASE READ FOOTNOTE #13 found on Page#6; ICC Elements of Crimes: The applicable footnotes in the ICC Elements of an Offense state:
- 12 The term “forcibly” is not restricted to physical force, but may include threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power against such person or persons or another person, or by taking advantage of a coercive environment.
- 13 “Deported or forcibly transferred” is interchangeable with “forcibly displaced”
- Collective punishment is prohibited.
- This is Rule #103, Collective Punishments.
- Article 50 - Hague Convention: No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible.
- Article 33, Fourth Geneva Convention: 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. Article 33, GCIV is the base for Article 75 §2.d of Protocol I.
- The IDF/Police has never arrested or taken into detention the family members, friends, acquaintances, sect, neighbors of a perpetrator of criminal activity covered under Article 68, of the Fourth Geneva Convention --- merely on the basis or association ---; and not merely on the basis or association for other serious activities that endanger the peace, life and security of the territory or Israel interests. They may have made an arrest of multiple persons where probable cause exists in aiding and abetting the perpetrator or where evidence indicates a conspiratorial atmosphere.
- The destruction of homes associated with a Governments facing insurgencies and terrorism, in which the residence was used to provide cover and concealment to felons and perpetrators. It is a non-violent counter-insurgency technique, used as a means of eroding popular support for further criminal activity and denying jihadist and fedayeen the use as "safe havens." If one looks at Section II. Measures to Prevent and Combat Terrorism, Annex to the UN Global Counter-Terrorism Strategy, it says:
- 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.
- Now there are other civil reasons (construction, public domain, health and safety: just to name a few) which demand the demolition of homes.
- There are some demolished that are performed pursuant to military requirements.
- These are just some of the reasons a facility may be demolished. This is by no means all inclusive.
- Pillage is prohibited.
- This has never been a problem. The IDF has never been accused to any degree that could be described as the act of looting or plundering Arab Palestinian property as a mean of income or significant profit. While this may be, from time to time, an Article 8 - War Crimes - §2b, RC-ICC problem experienced in third World Nations that have military activities that need to forage for subsistence, it is, without question a frivolous complaint in the Arab-Israeli Conflict.
-------------------------------------- REDUNDANT COMPLAINTS JUST TO FILL-UP SPACE ----------------------------------
- Reprisals against protected persons and their property are 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.
- These five complaints are actually covered in one of the categories already described. (Lesser included offenses.)
The basic issues in the Arab-Israeli Conflict are not about the legal standing and /or ownership of this or that; it is not even about the rights of the indigenous population. It is about a decision that was made by the League of Nations and the United Nations that is trying to be overturned some half a century later by Arab-Palestinians that lost their bid to overturn by political --- then military --- and now Legal Means. It is an attempt to undermine the decisions of the past and reset the clock for the Arab-Palestinians convenience, without paying any consequence for their actions and activities over the last half century. Just as it is immoral to pay honors and gold to the perpetrators of the Munich Olympic Massacre, or to hero worship the perpetrators those that of the Piracy of the MS Achille Lauro and push and Jewish American in a Wheelchair overboard, or when they shot and killed US Navy Seabee then throw his body on the tarmac, or when the Arab-Palestinians of Gaza began firing rockets, and more rockets into Israel. An act of war that no other country would tolerate. We are talking about a culture of people that have no regard for life and no moral equivalency with the West. They are the people that complained about the UN provided school books which did not endorse violence. The same people that send their children to Jihad Summer Camp.
The conflict is not about any of the things that "Billo_Really" quibbles about; although it is easy to fall into that trap. It is about whether or not the world wants another culture like the Iranians, the Iraqis, the Yemenis, the Syrian --- or another nation that is susceptible to radicalized Islamic terrorism to replace Israel. If the region for some reason, loses containment, it will not be long before the surrounding nations will begin to see the effects of Palestinian Terrorists migrating into their countries.
Most Respectfully,
R
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