georgephillip,
et al,
This is nonsense.
georgephillip,
et al,
For all intent and purposes, you are talking about non-Israeli Citizens in Occupied Territory, who have been and continue to be hostile enemy non-combatants.
I'm saying millions of non-Jews who are subject to Israeli military laws have no voice in selecting those Jews or non-Jews who write the laws.
(COMMON SENSE - CUSTOMARY LAW)
I cannot think of a single military occupation in the last millennium, that permitted the hostile enemy population of a foreign state to have a voice in domestic political affairs.
When you think of one, let me know.
Most Respectfully,
R
First tell me what "foreign state" you're referring to?
(COMMENT)
The State of Palestine (as of 1988) is provisionally occupied by the State of Israel.
The provisionally occupied territory (Palestine) is a foreign state relative to the occupying power (Israel). If it were not such a case, it wouldn't be an "occupation" and the Geneva Convention would not apply. It would be a pure domestic matter.
Zionists began their creeping annexation of Palestine over one hundred years ago, and apparently you've chosen to support their hostilities and condemn their victims. Arabs living in the West Bank and Gaza are not hostile non-combatants they are protected persons under the Fourth Geneva Convention:
(COMMENT)
I did not referred to any aspect of my comment, the Settlements under the provisional occupation. And I did not specifically address Article 8, Part II, ICC-RS complaints. Your GCIV citation applies to the settlements, but does not apply to hostile and belligerent non-combatants.
Both the HAMAS Covenant and the Palestinian National Charter further the original threat and solemn oath of the Palestinian which opposes peace. The original threat of aggression and conflict being made before occupation. Those Arab that falll under the pledge of the original threat, or subscribe to the HAMAS Covenant (Jihadist) or the Palestinian National Charter, fall under Article 68 of the GCIV.
Convention (IV) Relative to the Protection of Civilian Persons in Time of War. Geneva said:
Article 68.
Protected persons who commit an offence which is solely intended to harm the Occupying Power, 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 offences, 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 in accordance with Articles 64 and 65 may impose the death penalty against a protected person 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 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.
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 on a protected person who was under eighteen years of age at the time of the offence.
SOURCE: GCIV
When you think of a credible rationalization of Israel's illegal military occupation of Palestine, tell me.
When you think of a credible rationalization of Israel's illegal military occupation of Palestine, tell me.
(COMMENT)
Many times I have copied the relevant threats to the duly constituted State of Israel. I don't think it is necessary to do it again. But the summation of the threats, made in 1948, and still amplified today, are the
prima facie case that are in ample evidence and present just cause to continue Occupation and quarantine of Palestinians.
(COMMENT)
The State of Israel has not attempted to annex either the West Bank or the Gaza Strip. While a case can be made that there are defiant settlements within the West Bank, this is a matter of Treaty Settlement pursuant to restitution, reparations, and civil claims agreements.
In the case of continuing "occupation" - there is nothing illegal about it.
Convention (IV) Relative to the Protection of Civilian Persons in Time of War. Geneva said:
Article 6
In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.
SOURCE: GCIV
The Hostile Arab-Palestinian has never openly stated an end to the conflict, renounced the solemn oath for death to the Jewish People, altered the call for Jihad, or recanted the need for armed struggle in the overthrow of the Jewish State. Therefore, under Article 6, the one year occupation convention has never been activated by the Hostile Arab Palestinian. And thus, there is no Arab-Palestinian credential for cause of complaint in the matter of the scope and duration of the Occupation. The end of occupation is determined by the terms set in the Palestinian threat.
When the Palestinian sues for peace, and renounces the conflict, AND demonstrates this by some irrefutable action and deed, then and only then does the Article 6 convention come into play.
Most Respectfully,
R