RE: Annexing West Bank
⁜→ Shusha, et al,
The
First, the Hague Regulation says (to be exact):
I sincerely apologize if I did not accurately quote the Hague Regulation or expressed myself clearly.
Israel was a "foreign Army" in June 1967 relative to the Jordanian sovereignty; up and until the end of July 1988. Then it became an Army in a non-self-governing territory involved in a non-international armed conflict (NIAC) with Jihadists, Insurgents, Radicalized Islamic Troublemakers, Adherents, Guerrillas and Asymmetric Fighter.
So here is where I'm having trouble with your argument. You say that "occupation" is defined (through Hague Regulation) as "foreign control over territory".
If Israel is the "foreign control" then who is the "local" control? One Party to the "occupation" is Israel. Who is the other Party? Who is Israel occupying?
(ANSWER)
Actually, the control has two components to be an occupation:
• It must be a Hostile Army
(it is not necessily a foreign Army).
Example: If a country is subject to a military coup d'état, and the national Army is used.
• The Army must be "hostile."
• The occupation extends to "direct" territorial control
("where such authority has been establish").
Extended Example: If the Army used by the coup d'état only controls the Capitol City and not the entire Province, then only the Capitol City is under Occupation.
So here is where I'm having trouble with your argument. You say that "occupation" is defined (through Hague Regulation) as "foreign control over territory".
If Israel is the "foreign control" then who is the "local" control? One Party to the "occupation" is Israel. Who is the other Party? Who is Israel occupying?
(ANSWER)
Israel is attempting to maintain full civil and security control over Area "C." Israel has some responsibility for Security Control in Area "B." In contemporary times it is generally construed that, Occupation Law → "applies in all cases of total or partial occupation of foreign territory," whether or not the occupation meets with armed resistance.
It should be said here that in June 1967, the West Bank was under total effective control by the Israelis. That control has been unilateral reduced and restraints lifted base on Israeli discretionary powers.
◈ The Law of Armed Conflict (LOAC) includes:
• The Hague Regularion (1907) (HR), Section III;
• Geneva Convention (GC) IV, Part III, Sections I, III and IV;
• Addition Protocal I;
• The Human Rights activist have also incerted themselfs in the mix.
The Occupation ends when effective control by the Army is released back to the National Authority → or lesser local authorities Provincial, District, Municipal, etc.
One Party to the "occupation" is Israel. Who is the other Party? Who is Israel occupying?
(ANSWER)
It can be the elements of the prior sovereign of the territory, or some lesser authority down to the level of non-self-governing.
In the case of Israel and Palestine, on 1 August 1988, the territory was non-self-governing; falling to the responsibility of the Occupation Power.
(OTHER)
This leads directly into the question of: When is a Government → a Government → in the West Bank and Gaza Strip? What constitutes a government? And what are the liabilities and responsibilities when releasing authorities to known terrorist organizations.
Most Respectfully,
R