Even U.S. Media now reports that Israel broke truce with attack on Hamas leader.

[docmauser1]

I don't question your links but the news first came out by Israel, and all the papers followed suit. Unreliable.

Obviously, not everyone has to buy palagitprop.

 

[docmauser1]

Customary IHL - Rule 14. Proportionality in Attack
(bolded the part Rocco left out)

So, if israelis fire 1600 dumb rockets in the general direction of Gazabad, will that be considered proportional? Or will the Inhuman Rights watch and palistan-cheerleaders develop another drivel-points?

 

[RoccoR]

fanger, et al,

Read it slowly.

Rule 14. Launching an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated, is prohibited.

Customary IHL - Rule 14. Proportionality in Attack
(bolded the part Rocco left out)

(COMMENT)

What is "prohibited?" It is the "civilian losses" versus the "Anticipated military advantage." This is a variation on the Hand Rule (B ≤ pL). The simplest explanation is:

"Our boy (Justice Learned Hand) basically said that a entity’s duty (and therefore negligence) could be comprised of the following elements: the probability that harm will occur (P), the amount of injury from the harm done (L), and the burden or cost of adequate precautions taken to prevent such an injury from happening (B). Assigning liability depends on whether the burden/cost of avoiding future injuries is less than the damage caused from the probability of such injuries. B < PL." (The Hand Rule)
​

This is really a first year contract law concept. The best book on this is called the
Economic Analysis of Law Hardcover – February 7, 2007 by Judge Richard A. Posner (Author) United States Court of Appeals for the Seventh Circuit in Chicago
Amazon.com: Economic Analysis of Law (9780735563544): Richard A. Posner: Books

​

If the IDF has an expectation that the strike will result in the saving of Israeli life and property, and that is greater than the potential of collateral casualties and damage, then the strike is NOT prohibited. That is how it works.

​

Most Respectfully,
R

 

[fanger]

Lets ask the ICC to rule on it

 

[RoccoR]

fanger, et al,

Good luck with that.

Lets ask the ICC to rule on it

(COMMENT)

I don't think HAMAS is going to risk the Leaders of HAMAS being brought to trial.

While neither side has absolutely clean hands, clearly HAMAS hands are very (very) dirty.

Most Respectfully,
R

 

[P F Tinmore]

fanger, et al,

Good luck with that.

Lets ask the ICC to rule on it

(COMMENT)

I don't think HAMAS is going to risk the Leaders of HAMAS being brought to trial.

While neither side has absolutely clean hands, clearly HAMAS hands are very (very) dirty.

Most Respectfully,
R

What Has Hamas done? I mean really, not just Israel's line of crap.

 

[fanger]

Netanyahu asks US to help Israel avoid war crime charges

Israeli Prime Minister Benjamin Netanyahu asked US lawmakers Wednesday to help fend off Palestinian claims that his country engaged in “war crimes” while defending itself against attacks from Gaza, one top lawmaker told The Post.


Netanyahu asked the delegation to help Israel stay out of the International Criminal Court, where its attacks on Gaza could come under scrutiny — even while responding to Hamas rockets fired at Israeli urban centers.

Palestinian leaders are getting ready to join the ICC, and met with officials in The Hague recently to discuss the implications of joining.

Netanyahu asks US to help Israel avoid war crime charges | New York Post

 

[fanger]

@RoccoR Do you personally think War crimes should be investigated, or should there be double standerd?

 

[docmauser1]

Lets ask the ICC to rule on it

The International Kangaroo Court?

 

[fanger]

International Criminal Court - Wikipedia the free encyclopedia
You know, like the court that brought the Nazi's to trial and execution

 

[RoccoR]

P F Tinmore, et al,

Oh wow!

fanger, et al,

Good luck with that.

Lets ask the ICC to rule on it

(COMMENT)

I don't think HAMAS is going to risk the Leaders of HAMAS being brought to trial.

While neither side has absolutely clean hands, clearly HAMAS hands are very (very) dirty.

Most Respectfully,
R

What Has Hamas done? I mean really, not just Israel's line of crap.

(COMMENT)

What? Do you want if just for the last week, month, quarter, year, or do you want me to fill-up the whole page.

I've been retired for some time now, but I could still write and Indictment on HAMAS with my eyes closed.

I will admit that the UN Investigation with --- Professor William Schabas (International Law), Head of the UNHRC probe into IDF strikes against Hamas, --- has a predetermined verdict (Guilty). And if that is the case, then Israel really has nothing to lose by continuing the defensive action against Gaza and HAMAS until the entire apparatus is neutralized.

But you have to chuckle, just a bit, the the UNHRC is jumping to the defense of a designated terrorist organization. You have to admit, what greater "human shield" could the likes of HAMAS, those poor fellows that killed the three students in cold blood, ask for as their badge of honor. While I think that Professor Schabas is really an intelligent person and well worth listening to, he should be given honorary membership in the International Union for Muslim Scholars (IUMS) for his protection of HAMAS, the al-Aqsa Martyrs Brigades, the Palestinian Islamic Jihad, and the guys over at the al-Qassam Brigades.

Ever rocket and mortar fired into Israel is a crime, a direct attack on the sovereign integrity of the State of Israel and threatens the safety of its citizens.

Most Respectfully,
R

 

[fanger]

P F Tinmore, et al,

Oh wow!

fanger, et al,

Good luck with that.

Lets ask the ICC to rule on it

(COMMENT)

I don't think HAMAS is going to risk the Leaders of HAMAS being brought to trial.

While neither side has absolutely clean hands, clearly HAMAS hands are very (very) dirty.

Most Respectfully,
R

What Has Hamas done? I mean really, not just Israel's line of crap.

(COMMENT)

What? Do you want if just for the last week, month, quarter, year, or do you want me to fill-up the whole page.

I've been retired for some time now, but I could still write and Indictment on HAMAS with my eyes closed.

I will admit that the UN Investigation with --- Professor William Schabas (International Law), Head of the UNHRC probe into IDF strikes against Hamas, --- has a predetermined verdict (Guilty). And if that is the case, then Israel really has nothing to lose by continuing the defensive action against Gaza and HAMAS until the entire apparatus is neutralized.

But you have to chuckle, just a bit, the the UNHRC is jumping to the defense of a designated terrorist organization. You have to admit, what greater "human shield" could the likes of HAMAS, those poor fellows that killed the three students in cold blood, ask for as their badge of honor. While I think that Professor Schabas is really an intelligent person and well worth listening to, he should be given honorary membership in the International Union for Muslim Scholars (IUMS) for his protection of HAMAS, the al-Aqsa Martyrs Brigades, the Palestinian Islamic Jihad, and the guys over at the al-Qassam Brigades.

Ever rocket and mortar fired into Israel is a crime, a direct attack on the sovereign integrity of the State of Israel and threatens the safety of its citizens.

Most Respectfully,
R

the UNHRC is not jumping to the defense of a designated terrorist organization.
It is defending the Human rights of the civilians in Gaza attacked by Israel in violation of the Geneva convention, a War crime, and condoning a war crime is also a crime
"
"Ever(y) rocket and mortar fired into Israel is a crime, a direct attack on the sovereign integrity of the State of Israel and threatens the safety of its citizens"
what about "rocket and mortar fired into" occupied Palestine


Most Respectfully, see you in court

 

[P F Tinmore]

P F Tinmore, et al,

Oh wow!

fanger, et al,

Good luck with that.

Lets ask the ICC to rule on it

(COMMENT)

I don't think HAMAS is going to risk the Leaders of HAMAS being brought to trial.

While neither side has absolutely clean hands, clearly HAMAS hands are very (very) dirty.

Most Respectfully,
R

What Has Hamas done? I mean really, not just Israel's line of crap.

(COMMENT)

What? Do you want if just for the last week, month, quarter, year, or do you want me to fill-up the whole page.

I've been retired for some time now, but I could still write and Indictment on HAMAS with my eyes closed.

I will admit that the UN Investigation with --- Professor William Schabas (International Law), Head of the UNHRC probe into IDF strikes against Hamas, --- has a predetermined verdict (Guilty). And if that is the case, then Israel really has nothing to lose by continuing the defensive action against Gaza and HAMAS until the entire apparatus is neutralized.

But you have to chuckle, just a bit, the the UNHRC is jumping to the defense of a designated terrorist organization. You have to admit, what greater "human shield" could the likes of HAMAS, those poor fellows that killed the three students in cold blood, ask for as their badge of honor. While I think that Professor Schabas is really an intelligent person and well worth listening to, he should be given honorary membership in the International Union for Muslim Scholars (IUMS) for his protection of HAMAS, the al-Aqsa Martyrs Brigades, the Palestinian Islamic Jihad, and the guys over at the al-Qassam Brigades.

Ever rocket and mortar fired into Israel is a crime, a direct attack on the sovereign integrity of the State of Israel and threatens the safety of its citizens.

Most Respectfully,
R

Speaking of Oh wow that is a rather verbose deflection.

 

[RoccoR]

@fanger, et al,

I believe this is a "loaded question." But I'll take the risk and answer.

• War Crimes should be investigated.
• War Crime Tribunals should be initiated after the conclusion of the conflict, as historically and customarily done.

@RoccoR Do you personally think War crimes should be investigated, or should there be double standerd?

(COMMENT)

I believe that before any "War Crimes" investigation is started, that there are a hell-of-a-lot of questions that need to be answered first.

• The question of international boundaries needs to be addressed, once and for all. It makes a difference as to who the defending what.
• The question of Palestine,
  • Is it truly a state?
  • Who is in effective control of what territory?
  • What portion of the territory would such and investigation cover?
    • Jurisdiction and effective control shift with space and time?
• Is it an Occupation under the Geneva Code and Hague Convention?
  • Is it a War?
  • Who is the aggressor?
  • Under what period of time is the investigation to cover?
    • Jurisdiction and effective control shift with space and time?

These are just a few of the big questions that need to be asked and answer even before the Investigation Starts; event before a complaint is filed.

Then there is the matter of who can file a claim.

• The State of Palestine (1988) is what they call a "Unity Government." It is really giving us the appearance of a "Coalition Government" in which HAMAS claims a veto right over the Palestinian Authority (again with the question of "effective control"). Who is the responsible Head of State over Gaza? And if there is a binding relationship between the PA and HAMAS; is the PA a sponsor for state terrorism? (Remembering that key element of HAMAS are designated terrorist organizations by the US, EU and Israel.)

• If the International Criminal Court (ICC) accepts the case of Israel 'vs' Gaza, is the ICC lending material assistance to state sponsored terrorist organizations (multiple involved)? How is this reconciled?

I have many, many questions about both the UN Probe (with a pre-determined outcome) and the potential of an ICC Investigation (partial to a designated terrorist organization).

Just my opening thoughts on the issue.

Most Respectfully,
R

 

[jillian]

P F Tinmore, et al,

Oh wow!

fanger, et al,

Good luck with that.

Lets ask the ICC to rule on it

(COMMENT)

I don't think HAMAS is going to risk the Leaders of HAMAS being brought to trial.

While neither side has absolutely clean hands, clearly HAMAS hands are very (very) dirty.

Most Respectfully,
R

What Has Hamas done? I mean really, not just Israel's line of crap.

(COMMENT)

What? Do you want if just for the last week, month, quarter, year, or do you want me to fill-up the whole page.

I've been retired for some time now, but I could still write and Indictment on HAMAS with my eyes closed.

I will admit that the UN Investigation with --- Professor William Schabas (International Law), Head of the UNHRC probe into IDF strikes against Hamas, --- has a predetermined verdict (Guilty). And if that is the case, then Israel really has nothing to lose by continuing the defensive action against Gaza and HAMAS until the entire apparatus is neutralized.

But you have to chuckle, just a bit, the the UNHRC is jumping to the defense of a designated terrorist organization. You have to admit, what greater "human shield" could the likes of HAMAS, those poor fellows that killed the three students in cold blood, ask for as their badge of honor. While I think that Professor Schabas is really an intelligent person and well worth listening to, he should be given honorary membership in the International Union for Muslim Scholars (IUMS) for his protection of HAMAS, the al-Aqsa Martyrs Brigades, the Palestinian Islamic Jihad, and the guys over at the al-Qassam Brigades.

Ever rocket and mortar fired into Israel is a crime, a direct attack on the sovereign integrity of the State of Israel and threatens the safety of its citizens.

Most Respectfully,
R

the UNHRC is not jumping to the defense of a designated terrorist organization.
It is defending the Human rights of the civilians in Gaza attacked by Israel in violation of the Geneva convention, a War crime, and condoning a war crime is also a crime
"
"Ever(y) rocket and mortar fired into Israel is a crime, a direct attack on the sovereign integrity of the State of Israel and threatens the safety of its citizens"
what about "rocket and mortar fired into" occupied Palestine


Most Respectfully, see you in court

and yet another terrorist supporter spews.

cool

 

[jillian]

and for the record... when the jew-hating, lying pal supporters "like" or "agree" with you, that means you're full of it.

luckily, no one cares what you think and jews aren't going to die to make you happy.

 

[fanger]

So, neg rep me oh wait!

 

[RoccoR]

@fanger, et al,

Wow, I can't believe you said this with a straight face. (You must have been laughing!)

the UNHRC is not jumping to the defense of a designated terrorist organization.
It is defending the Human rights of the civilians in Gaza attacked by Israel in violation of the Geneva convention, a War crime, and condoning a war crime is also a crime
"
"Ever(y) rocket and mortar fired into Israel is a crime, a direct attack on the sovereign integrity of the State of Israel and threatens the safety of its citizens"
what about "rocket and mortar fired into" occupied Palestine

(COMMENT)

• FACT: HAMAS is a designated terrorist organization.
• FACT: The People of Gaza support and provide material assistance to HAMAS, the Palestine Islamic Jihad, the al-Aqsa Martyr Brigades, the al-Qassam Brigade, all designated terrorist organizations.
• FACT: The UNHCR is providing assistance to the People of Gaza.

II. Measures to prevent and combat terrorism A/RES/60/288
We resolve to undertake the following measures to prevent and combat terrorism, in particular by denying terrorists access to the means to carry out their attacks, to their targets and to the desired impact of their attacks:

1. To refrain from organizing, instigating, facilitating, participating in, financing, encouraging or tolerating terrorist activities and to take appropriate practical measures to ensure that our respective territories are not used for terrorist installations or training camps, or for the preparation or organization of terrorist acts intended to be committed against other States or their citizens.
2. To cooperate fully in the fight against terrorism, in accordance with our 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 perpetration of terrorist acts or provides safe havens.
3. To ensure the apprehension and prosecution or extradition of perpetrators of terrorist acts, in accordance with the relevant provisions of national and international law, in particular human rights law, refugee law and international humanitarian law. We will endeavour to conclude and implement to that effect mutual judicial assistance and extradition agreements, and to strengthen cooperation between law enforcement agencies.
4. To intensify cooperation, as appropriate, in exchanging timely and accurate information concerning the prevention and combating of terrorism.

The General Assembly A/RES/2/110

1.

Condemns all forms of propaganda, in whatsoever country conducted, which is either designed or likely to provoke or encourage and threat to the peace, breach of the peace, or act of aggression;

2.

Requests the Government of each Member to take appropriate steps within its constitutional limits:

• To promote, by all means of publicity and propaganda available to them, friendly relations among nations based upon the Purposes and Principles of the Charter;
  
  
• To encourage the dissemination of all information designed to give expression to the undoubted desire of all peoples for peace;

3. Directs that this resolution be communicated to the forthcoming Conference on Freedom of Information.

Adopted by the Security Council at its 5261st meeting, on 14 September 2005 S/RES/1624 (2005)

Condemning in the strongest terms all acts of terrorism irrespective of their motivation, whenever and by whomsoever committed, as one of the most serious threats to peace and security, and reaffirming the primary responsibility of the Security Council for the maintenance of international peace and security under the Charter of the United Nations,​

Condemning also in the strongest terms the incitement of terrorist acts and repudiating attempts at the justification or glorification (apologie) of terrorist acts that may incite further terrorist acts,​

I believe there is a prima facie case that the UNHRC is furthering the terrorist cause in word, actions and deeds, by jumping to the aid of a general population that has actively rendered assistance, participates in, and incites the development of terrorism. While the UNHRC believe that their mission is of the highest order, they diminishes the cause of Human Rights by rewarding (aiding and abetting) a general population that actively supports terrorist goals and objectives.

Most Respectfully,
R

​

 

[Urbanguerrilla]

@fanger, et al,

Wow, I can't believe you said this with a straight face. (You must have been laughing!)

Condemning also in the strongest terms the incitement of terrorist acts and repudiating attempts at the justification or glorification (apologie) of terrorist acts that may incite further terrorist acts,​

I believe there is a prima facie case that the UNHRC is furthering the terrorist cause in word, actions and deeds, by jumping to the aid of a general population that has actively rendered assistance, participates in, and incites the development of terrorism. While the UNHRC believe that their mission is of the highest order, they diminishes the cause of Human Rights by rewarding (aiding and abetting) a general population that actively supports terrorist goals and objectives.

Most Respectfully,
R

The word "terrorist" is meaningless, do you really believe the Gazan civilians weren't terrorised by the Israeli bombers?

You know they were.

 

[Beelzebub]

When everything is 'terrorism' then you know they are desperate.