SherriMunnerlyn
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- Jun 11, 2012
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(COMMENT)Partly right, but the part where you state detained until end of hostilities is not supported by any laws you provide a link to. Further, different rules for wars and occupations. And there is another important point to be made, the Occupation is unlawful. The UN Human Rights Council Special Rapporteur has addressed this in annual reports, indicating the illegality of the Occupation should be addressed by The International Court of Justice. Occupations were not intended to last forever, nor were they intended to include daily war crimes like the illegal settlements, for example. I will find that report again and address it in a subsequent post. I am not sure if it was a report by John Dugard or Richard Falk.
Hamas gunmen execute six Israeli spies as Netanyahu hints at cease-fire said:Witnesses say masked gunmen have publicly killed six suspected collaborators with Israel at a busy Gaza City intersection.
The Hamas military wing claimed responsibility.
Witnesses said the six men were pulled out of a van Tuesday, forced to lie face down on the street and then shot dead.
Five bodies lay in a pile as a mob stomped and spit on them. A sixth body was tied to a motorcycle and dragged through the streets as people screamed, Spy! Spy!
SOURCES:
Hamas gunmen execute six Israeli spies as Netanyahu hints at cease-fire | Israel & Middle East | World | News | National Post
Gaza's motorcycle lynch mob: 'spies' executed, corpse dragged through streets
Prisoners of war and civilian internees must be released without delay after the end of hostilities. However, those who are accused of an indictable offence may remain in captivity until the end of criminal proceedings or completion of their sentence (GC III, art. 119 (5), GC IV, art. 133 (2)). Until their release, and as long as they are under the authority of the occ upant, all those in custody remain protected by international humanitarian law (GC III, art. 5 (1) and GC IV, art. 6 (4)).
SOURCE: Occupation and international humanitarian law: questions and answers
SherriMunnerlyn, et al,
Well, this difference has to do with the scope and nature of the conflict between the Palestinian/Arab/Persian Alliance and Israel.
(COMMENT)Partly right, but the part where you state detained until end of hostilities is not supported by any laws you provide a link to. Further, different rules for wars and occupations. And there is another important point to be made, the Occupation is unlawful. The UN Human Rights Council Special Rapporteur has addressed this in annual reports, indicating the illegality of the Occupation should be addressed by The International Court of Justice. Occupations were not intended to last forever, nor were they intended to include daily war crimes like the illegal settlements, for example. I will find that report again and address it in a subsequent post. I am not sure if it was a report by John Dugard or Richard Falk.
If the Palestinian/Arab/Persian Alliance hostilities were limited to encounters with the "Occupation Force" (the IDF), then I would agree, that it is strictly a matter of the administration in the "Occupation."
But that does not seem to be the case. The Palestinian/Arab/Persian Alliance has the general goal of routing the Israeli Government and denying it the due security and sovereignty guaranteed by law.
HAMAS uses a different set of rules, and while Israel does not respond in a quid pro quo fashion, it should be noted by the Palestinians; that Israel is not nearly as primitive as the Palestinian/Arab/Persian Alliance has demonstrated.
Hamas gunmen execute six Israeli spies as Netanyahu hints at cease-fire said:Witnesses say masked gunmen have publicly killed six suspected collaborators with Israel at a busy Gaza City intersection.
The Hamas military wing claimed responsibility.
Witnesses said the six men were pulled out of a van Tuesday, forced to lie face down on the street and then shot dead.
Five bodies lay in a pile as a mob stomped and spit on them. A sixth body was tied to a motorcycle and dragged through the streets as people screamed, Spy! Spy!
SOURCES:
Hamas gunmen execute six Israeli spies as Netanyahu hints at cease-fire | Israel & Middle East | World | News | National Post
Gaza's motorcycle lynch mob: 'spies' executed, corpse dragged through streets
Israel, according the equivalent protected status to men like Samer Issawi, is a significant step higher than those protections accorder to Israeli prisoners by HAMAS. It is quite evident that HAMAS does not treat Israelis to the same degree as HAMAS; and HAMAS has used summary executions as something legal in the conflict.
Therefore, the question becomes: should it be the case that Israel should start execution of captured insurgents in the exact same fashion as HAMAS? Of course - it is completely out of the question, the Israelis are not nearly as so barbaric, uncivilized, and savage as the Palestinians.
Palestinian gunmen drag the body of a man who was killed as a suspected collaborator with Israel. Photo: AP
What is the legal basis for the summary executions? And in this example, does it so designate a completely different level of hostility.
The Palestinians are conducting insurgent operations, not only in the Occupied Territories, but also into the sovereign Israeli territory. This is more than an anti-occupation campaign. The goal HAMAS is to obliterate Israel: "Israel will exist and will continue to exist until Islam will obliterate it, just as it obliterated others before it." Again, this is more than an anti-occupation campaign. This is a war threat and backed-up by actual attacks. It is a much larger campaign in scope. And the nature is much more barbaric and cruel.
In terms of the duration of the detention, Israel is making an attempt to comply with Occupation Law, to the degree that security is served. Obviously, repeat offenders and dedicated insurgents like Samer Issawi, who are conducting anti-occupation operations that place the security of Israeli interests at risk, will be held accordingly, (and not summary executed as is done by Palestinians).
Prisoners of war and civilian internees must be released without delay after the end of hostilities. However, those who are accused of an indictable offence may remain in captivity until the end of criminal proceedings or completion of their sentence (GC III, art. 119 (5), GC IV, art. 133 (2)). Until their release, and as long as they are under the authority of the occ upant, all those in custody remain protected by international humanitarian law (GC III, art. 5 (1) and GC IV, art. 6 (4)).
SOURCE: Occupation and international humanitarian law: questions and answers
I believe that Samer Issawi (and the other hunger strikers) should request the same fate and fair treatment as that the Palestinians demonstrated, supra.
Most Respectfully,
R