RE: All The News Anti-Israel Posters Will Not Read Or Discuss
※→ P F Tinmore, et al,
That is exactly correct. Israeli Citizens are not "protected persons" because they are not under occupation. BUT, they are still civilians and they are still covered either under criminal sanctions or humanitarian sanctions.
Remember, it is 100% wrong to target civilians that are NOT under arms at any time, except to protect others from immediate harm.
The nationals of an occupying power are not protected persons.
(COMMENT)
Civilian is a broad category that includes the set of:
• protected persons
• other nations
• nationals of the occupying power.
In the case of the Israeli citizens, they are covered under
International armed conflicts
The definition of civilians as persons who are not members of the armed forces is set forth in Article 50 of Additional Protocol I, to which no reservations have been made. It is also contained in numerous military manuals. It is reflected in reported practice. This practice includes that of States not, or not at the time, a party to Additional Protocol I.
Article 50 [ Link ] -- Definition of civilians and civilian population
1. A civilian is any person who does not belong to one of the categories of persons referred to in Article 4 A (1), (2), (3) and (6) [ Link ] of the Third Convention and in Article 43 [ Link ] of this Protocol. In case of doubt, whether a person is a civilian, that person shall be considered to be a civilian.
2. The civilian population comprises all persons who are civilians.
3. The presence within the civilian population of individuals who do not come within the definition of civilians does not deprive the population of its civilian character.
I suppose they wrote these because some people couldn't figure out that the Occupying power does not act with ill will to its own citizens. In the case of "Israeli occupation" it is important to remember:
[URL='https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?action=openDocument&documentId=AE2D398352C5B028C12563CD002D6B5C']Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva said:
• ARTICLE 68 [ Link ] •
Protected persons
{generally the Arab Palestinians} who commit an offence which is solely intended to harm the Occupying Power
{that would be an Israeli}, 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 offense committed. Furthermore, internment or imprisonment shall, for such offenses, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 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
{that would be an Israeli} in accordance with Articles 64 and 65 may impose the death penalty on a protected person
{generally the Arab Palestinians} 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 offenses which have caused the death of one or more persons, provided that such offenses 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 offense.
The first paragraph generally covers non-capital offenses. The second paragraph covers capital offenses.
Your implication that the nature of the status of the Israeli civilian does not afford them legal protection is simply wrong. While they
{that would be an Israeli} are not "protected persons," they are given protections against misdemeanors and felonies that the protected person
{generally the Arab Palestinians} that may be perpetrated against them.
(POINT OF ORDER)
Recalling that all States must cooperate fully in the fight against terrorism, in accordance with their 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 commission of terrorist acts or provides safe havens,
Security Council Resolution 1624 • S/RES/1624 (2005) said:
1. Calls upon all States to adopt such measures as may be necessary and appropriate and in accordance with their obligations under international law to:
(a) Prohibit by law incitement to commit a terrorist act or acts;
(b) Prevent such conduct;
(c) Deny safe haven to any persons with respect to whom there is credible and relevant information giving serious reasons for considering that they have been guilty of such conduct;
I am of the opinion that anyone that supports the promotion of the idea that is lawful to kill Israeli Civilians is, in fact, guilty of "inciting violence." Further, I am of the opinion that anyone that contributes to or receives a pay-out/stipend from the ≈ $350M Martyr Fund is guilt of "criminal financing of terrorism" after the fact.
Most Respectfully,
R
