RE: corrupt US government blocks UN from having an independent investigation into 61 murdered palestines
※→ Billo_Really, Shusha, et al,
Again, this is a twisting of facts designed to draw sympathy.
Terrorism has absolutely NO connection with an "occupation;" a "resistance," or a "foreign force." None of these conditions are necessary to define terrorism. We discussed this just recently
in Posting #9 (RE: I guess these guys won't be moving their embassy anytime soon...).
Terrorism is often, though not always, defined in terms of four characteristics:
- The threat or use of violence;
- A political objective; the desire to change the status quo;
- The intention to spread fear by committing spectacular public acts;
- The intentional targeting of civilians. It is this last element - targeting innocent civilians - that stands out in efforts to distinguish state terrorism from other forms of state violence. Declaring war and sending the military to fight other militaries is not terrorism, nor is the use of violence to punish criminals who have been convicted of violent crimes.
However, the legality of a "resistance movement,"is governed under Customary and International Humanitarian Law and is punishable
under Article 68 fo the Fourth Geneva Convention:
(It is punishable because it violates the law.)
Article 68 said:
Protected persons [Arab Palestinians] who commit an offence which is solely intended to harm the Occupying Power [Israel], 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 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 [Israel], in accordance with Articles 64 and 65 may impose the death penalty on a protected person [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 [Israel] 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 [Jordanian Law].
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.
Resisting the occupation of a foreign force, is not terrorism. Shooting at people fishing and farming, is.
(COMMENT)
It is not now, nor has it very been, really clear as to the status of some armed group which arose from the civil population of the Occupied Territory ⇒ to resist the occupying power and to disrupt civil order and stability. What is clear is that a resistance movement that intentionally targets → or indiscriminately fires upon civilians
(either protected persons or civilians of the occupying power) IS "terrorism."
(See Item #4 above)
In respect to the "resistance movement," there is no special dispensation under Customary IHL. In the case of Terrorism, your implication that the general
modus operendi for HAMAS PIJ, PFLP etc, is punishable by law. Why?
(RHETORICAL) Because in the eyes of those in the 21st Century with a moral compus, it is wrong.
When Israel
(the occupying force) is using the entitled to use the ‘
conduct-of-hostilities’ model
(a shift from the law enforcement) against armed forces of HAMAS or othe Hostile Arab Palestinians (
the occupied territories, affiliated militias or other resistance movements) since active hostilities have persisted within the framework of the original international armed conflict for seven decades, the methods and procedures for Maritime Interception Operations (MIO) has essentially remained the same. And when a vessel is ordered to "heave-to" or alter course and fails to do so, it is not unusual to fire shot across the bow. This has been a long standing Maritime practice. It is a point of laughter among mariners when Arab Palestinians claim they are being fired at.
Most Respectfully,
R