Palestinians Massing At The Israeli Border

Hey, knuckleheads. The gee-had is ————- > that way.


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RE: Palestinians Massing At The Israeli Border
⁜→ Billo_Really, et al,

IF you are correct, THEN Customary and Humanitarian Law kick in.

ARTICLE 68 [ ••• Link ••• ] Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.

Protected persons [meaning the Arab Palestinians] who commit an offence which is solely intended to harm the Occupying Power [your foreign force - Israelis], but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 [ Link ] of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period.

The penal provisions promulgated by the Occupying Power in accordance with Articles 64 [ Link ] and 65 [ Link ] may impose the death penalty on a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began.

The death penalty may not be pronounced against a protected person unless the attention of the court has been particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance.

In any case, the death penalty may not be pronounced against a protected person who was under eighteen years of age at the time of the offence.

Tell that to the Palestinians perpetuating it.
They are a population under the occupation of a foreign force. They have every right in the world to protest their conditions and resist Israeli aggression.
(COMMENT)

You cannot have your cake --- and --- eat it too. IF the territory is "occupied" as you say, THEN two conditions come into play:

◈ Article 68 of the Fourth Geneva Convention (GCIV) essentially dictates that the Arab Palestinians may not protest in such a way as to:

• Intended to harm the Occupying Power (ie the Israelis),

• Constitute an attempt (by the Arab Palestinians) on the life or limb of members of the occupying forces (the Israeli Defense Force) or administration (Israli Civil Authorities and National Police and Security Services),

• The Arab Palestinians may not become a grave collective danger to the Israelis,

• The Arab Palestinian Protests may not:

Seriously damage the property of the occupying Israeli Defense Force,
Seriously damage the property of the Israeli Civil Administration,
Seriously damage the property of the Israeli Installations,​

• The Arab Palestinians may not engage in espionage against the occupying forces (the Israeli Defense Force) or administration (Israli Civil Authorities and National Police and Security Services),

• The Arab Palestinians may not engage in serious acts of sabotage against the military installations of the Occupying Power,

• The Arab Palestinians may not engage acts of intentional offences which have caused the death of one or more persons,
◈ Article 42, Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907:

• The Territory (in this case the Gaza Strip) is considered occupied when it is actually placed under the authority of the hostile army (the Israeli Defense Force) or administration (Israli Civil Authorities and National Police and Security Services).

• The occupation extends only to the territory where such authority has been established and can be exercised. IF the occupying force (the Israeli Defense Force) or administration (Israli Civil Authorities and National Police and Security Services) are not in such proximity as to maintain it safety and security obligations,
◈ Article 43, Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907:

• The occupying forces (the Israeli Defense Force) or administration (Israli Civil Authorities and National Police and Security Services) shall take all the measures in his power to restore, and ensure, public order and safety,
When the pro-Arab Palestinians factions and the Hostile Arab Palestinian insist the term "occupied" is applicable, they do so without understanding the implications.

The biggest implication is that IF the people of the Gaza Strip insist the Gaza Strip is "occupied" THEN it is tantamount to saying that the occupying force (the Israeli Defense Force) or administration (Israeli Civil Authorities and National Police and Security Services) has the obligation to enter the territory and enforce such laws as may be necessary to meet the safety and security obligation.

Most Respectfully,
R
 
• The occupying forces (the Israeli Defense Force) or administration (Israli Civil Authorities and National Police and Security Services) shall take all the measures in his power to restore, and ensure, public order and safety,
Israel's big joke.
 

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