P F Tinmore
Diamond Member
- Dec 6, 2009
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ICNC interview with Palestinian activist Dr. Mazin Qumsiyeh
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(REFERENCES)This appears to be for treaty disputes. There is no treaty. If there is something in there that would apply to Palestine, please quote and note page number.
(COMMENT)(EXCERPT)
"8 members of the Palestinian family of Gaza, Abu Malhous, were massacred during their sleep in their home, when Israel launched airstrikes on their home!"
WOW, just WOW. Nice duck.RE: Palestine Today
⁜→ P F Tinmore, et al,
Yeah, I have gathered from other discussions that you have an unnecessarily narrow view of what "Treaty" means and how "International Laws" come into being.
I think you have seen and heard this terminology before: "Legally Binding"
(REFERENCES)This appears to be for treaty disputes. There is no treaty. If there is something in there that would apply to Palestine, please quote and note page number.
◈ Page 126 • Parry & Grant Encyclopaedic Dictionary of International Law
convention ‘The designation “convention” tends to be utilized for multilateral treaties of a law-making type. Illustrative of this tendency are the various Hague … Geneva … Vienna Conventions…. However, … [t]he designation is also used for a wide range of bilateral treaties—for example, consular conventions, [and] double taxation conventions….’: S atow ’ s Guide to Diplomatic Practice (5th ed.), 241–242. That said, art. 38(1)(a) of the Statute of the International Court of Justice refers to treaties , the normal term used, as ‘international conventions, whether general or particular….’ Likewise, art. 2(1)(a) of the Vienna Convention on the Law of Treaties of 23 May 1969 ( 1155 U.N.T.S. 331 ) defi nes the term ‘treaty’ as an agreement between States ‘whatever its particular designation’.
◈ Page 300 • Parry & Grant Encyclopaedic Dictionary of International Law
International law may be defined as ‘[T]he standard of conduct, at a given time for states and other entities subject thereto’: Whiteman, Digest of International Law ( 1963 ), Vol. 1, 1. Or as ‘the body of rules which are legally binding on states in their intercourse with each other … the International organizations and, to some extent, also individuals may be subjects of rights conferred and duties imposed by international law’:
I Oppenheim 4 . ‘Bentham invented the term “International law” in one of his happiest linguistic
innovations, in his Introduction to the Principles of Morals and Legislation ( 1789 ). It is especially felicitous because it leads itself easily to derivatives. Perhaps something like “interstatal” would have been more exact. …’: Nussbaum , A Concise History of the Law of Nations (rev. ed.), 136.
◈ Article 2 • Vienna Convention on the Law of Treaties
"Affirming that the rules of customary international law will continue to govern questions not regulated by the provisions of the present Convention:"
(a) “treaty” means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation;
(COMMENT)
Alternative solutions to peace are never considered inappropriate or inapplicable if they are applied to attain a peaceful outcome.
War and conflict are actions of the last resort; when all other means of peace are exhausted. And this is commonly accepted by member nations; but, not by Arab Palestinians that have adopted either:
◈ There is no solution for the Palestinian question except through Jihad.
◈ Armed struggle is the only way to liberate Palestine.
◈ Jihad and the armed resistance is the right and real method for the liberation of Palestine,
(SUMMATION • ∑)
When the Arab Palestinians adopted these three tenants they abrogated the common agreement among members that:
◈ All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. (Article 2§3 UN Charter) Thus making it impossible to sign the charter (in good faith Article 2§2, UN Charter) without a major shift in political will and policy.War, conflict, Armed Struggle, Jihadism, Fedayeen Activism, Hostile Insurgency Operations, Radicalized Islamic Behaviors, and Asymmetric Violence can NEVER be a matter of policy, a primary or principle choice for member of the UN under the Charter when peaceful means still exist. THUS, no peace with Israel, no recognition of Israel, no negotiations - as a matter of policy - prevent (by definition) "good faith" in the search for peace.
Most Respectfully,
R
Civilians (All Palestinians are civilians. They have no military) are only considered combatants when actively engaged in military activity. Sleeping at home with the wife and kids is not a military activity.RE: Palestine Today
⁜→ P F Tinmore, et al,
It is a means of propaganda, in and by itself, is unlawful incitement; not to mention it is inaccurate.
(COMMENT)(EXCERPT)
"8 members of the Palestinian family of Gaza, Abu Malhous, were massacred during their sleep in their home, when Israel launched airstrikes on their home!"
The Israelis DID NOT "launched airstrikes on their home!" The Israeli Air Force (IAF) conducted operations against military objectives of the Hostile Arab Palestinians (HoAP) which by their nature, location, purpose, and use make an effective contribution to Jihadism, Fedayeen Activism, Hostile Insurgency Operations, Radicalized Islamic Behaviors, and Asymmetric Violence and whose partial or total destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage in the defense if Israeli sovereignty.
Members of the Abu Malhous family were not specific targets, but rather died as a consequence of intentional violations of Customary and International Humanitarian Law of either:
The persistent deaths suffered by the innocent Arab Palestinians have been needless and have been avoidable conflict casualties. The HoAP “utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from” IAF counter-strikes constitutes an HoAP war crime in international armed conflicts. ICC Statute, Article 8(2)(b)(xxiii).
Most Respectfully,
R
Liberation movements can use all means necessary, including armed struggle.War and conflict are actions of the last resort; when all other means of peace are exhausted. And this is commonly accepted by member nations; but, not by Arab Palestinians that have adopted either:
◈ There is no solution for the Palestinian question except through Jihad.
◈ Armed struggle is the only way to liberate Palestine.
◈ Jihad and the armed resistance is the right and real method for the liberation of Palestine,
(COMMENT)WOW, just WOW. Nice duck.
OK, show me one treaty or convention that will allow Israel to conquer or annex Palestinian territory.
I await your duck.
OK, show me one treaty or convention that will allow Israel to conquer or annex Palestinian territory.
(COMMENT)◈ There is no solution for the Palestinian question except through Jihad.
◈ Armed struggle is the only way to liberate Palestine.
◈ Jihad and the armed resistance is the right and real method for the liberation of Palestine,Liberation movements can use all means necessary, including armed struggle.
Civilians (All Palestinians are civilians. They have no military) .
Self defense and liberation are legal.RE: Palestine Today
⁜→ P F Tinmore, et al,
OK, I'll try to explain this one more time.
(COMMENT)◈ There is no solution for the Palestinian question except through Jihad.
◈ Armed struggle is the only way to liberate Palestine.
◈ Jihad and the armed resistance is the right and real method for the liberation of Palestine,Liberation movements can use all means necessary, including armed struggle.
There is NO LAW (legal and binding) that permits or affirms the "use all means necessary, including armed struggle." I know this is often recited, but it is a mutilation of the actual source law.
All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.1) There are a few non-binding resolutions that may allude to such a finding of "armed struggle;" but, none of them are binding in any fashion.
2) The term "liberate" does not change the basic "Principles of International Law concerning Friendly Relations and Co-operation among States."
Most Respectfully,
R
Which Arabs?OK, show me one treaty or convention that will allow Israel to conquer or annex Palestinian territory.
Israel doesn't need to "conquer" or "annex" anything,
all is required is to apply sovereignty to territory it is already fully entitled under international law.
Question rather, what binding document ever mentions Arab sovereignty?
For the hundredth time, what do the Palestinians do that is considered armed struggle or self defence ???Civilians (All Palestinians are civilians. They have no military) are only considered combatants when actively engaged in military activity. Sleeping at home with the wife and kids is not a military activity.RE: Palestine Today
⁜→ P F Tinmore, et al,
It is a means of propaganda, in and by itself, is unlawful incitement; not to mention it is inaccurate.
(COMMENT)(EXCERPT)
"8 members of the Palestinian family of Gaza, Abu Malhous, were massacred during their sleep in their home, when Israel launched airstrikes on their home!"
The Israelis DID NOT "launched airstrikes on their home!" The Israeli Air Force (IAF) conducted operations against military objectives of the Hostile Arab Palestinians (HoAP) which by their nature, location, purpose, and use make an effective contribution to Jihadism, Fedayeen Activism, Hostile Insurgency Operations, Radicalized Islamic Behaviors, and Asymmetric Violence and whose partial or total destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage in the defense if Israeli sovereignty.
Members of the Abu Malhous family were not specific targets, but rather died as a consequence of intentional violations of Customary and International Humanitarian Law of either:
The persistent deaths suffered by the innocent Arab Palestinians have been needless and have been avoidable conflict casualties. The HoAP “utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from” IAF counter-strikes constitutes an HoAP war crime in international armed conflicts. ICC Statute, Article 8(2)(b)(xxiii).
Most Respectfully,
R
Liberation movements can use all means necessary, including armed struggle.War and conflict are actions of the last resort; when all other means of peace are exhausted. And this is commonly accepted by member nations; but, not by Arab Palestinians that have adopted either:
◈ There is no solution for the Palestinian question except through Jihad.
◈ Armed struggle is the only way to liberate Palestine.
◈ Jihad and the armed resistance is the right and real method for the liberation of Palestine,
Self defense and liberation are legal.RE: Palestine Today
⁜→ P F Tinmore, et al,
OK, I'll try to explain this one more time.
(COMMENT)◈ There is no solution for the Palestinian question except through Jihad.
◈ Armed struggle is the only way to liberate Palestine.
◈ Jihad and the armed resistance is the right and real method for the liberation of Palestine,Liberation movements can use all means necessary, including armed struggle.
There is NO LAW (legal and binding) that permits or affirms the "use all means necessary, including armed struggle." I know this is often recited, but it is a mutilation of the actual source law.
All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.1) There are a few non-binding resolutions that may allude to such a finding of "armed struggle;" but, none of them are binding in any fashion.
2) The term "liberate" does not change the basic "Principles of International Law concerning Friendly Relations and Co-operation among States."
Most Respectfully,
R
(COMMENT)Self defense and liberation are legal.