RE: Hamas announces: No Gaza border protests this Friday - report
⁜→ P F Tinmore, et al,
You get these concepts wrong at frequent intervals.
Partition and colonization are illegal.
(COMMENT)
I would very much like to see your citation for this (rather) bold statement. I cannot find prohibitions in "LAW" anywhere.
AS SPECIFICALLY APPLICABLE TO "PALESTINE"
✦ Page #149 • Demarcation Lines • Encyclopedia of Public International Law 4 - Use of Force, War and Neutrality, Peace Treaties (A-M) - Installment 3.pdf
◈ "The partition of Palestine came about through the unilateral proclamation of the State of - Israel (May 14, 1948) and the armed conflict between Israel and her Arab neighbour States (- Israel and the Arab States)."
◈ "Usually lines of demarcation are established legally by an armistice treaty which contains provisions on the partition of territories as well as on the mutual rights and duties of the contesting parties."
✦ Page #245 • Liberation Movements • Definition of Concept • Encyclopedia of Public International Law 4 - Use of Force, War and Neutrality, Peace Treaties (A-M) - Installment 3.pdf
◈ In a narrower construction developed under the auspices of the ---+ United Nations, liberation movements are partial subjects of international law only with reference to the implementation of the principle of ---+ self-determination of peoples as contained in the ---+ United Nations Charter and interpreted and applied by UN organs in cooperation with regional organizations, in particular with the ---+ Organization of African Unity (OAU) and the League of Arab States (LAS) (--.Arab States, League of). Liberation movements have evolved as agents of nation-building in the course of ---+ decolonization stricto sensu and in similar situations such as that involving the -- Palestine Liberation Organization (PLO). With the purpose of representing the "true aspirations of peoples struggling for independence and national identity" (UN GA Res. 2928 (XXVII) against "colonial domination, foreign occupation and racist regimes" (UN GA Res. 3103 (XXVIII), liberation movements promote their causes on two distinct levels: politically through negotiations and diplomatic intercourse and rnilitarily through armed struggle against the government forcibly withholding self-determination (target State/government).
The Palestinians have the right to defend themselves from this foreign aggression.
(COMMENT)
This is true, only from the vantage point that "all people" have the right to defend themselves;" just as all people have the right to breathe. However, the right to defend has limitations:
Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.
Penal legislation. V. Penalties. Death penalty
• ARTICLE 68 [ Link ] •
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 [ Link ] 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 [ Link ] and
65 [ Link ] may impose the death penalty on 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 against a protected person who was under eighteen years of age at the time of the offence.
(ENTANGLEMENT)
The Arab Palestinians must remember that
IF they claim to be "occupied"
THEN Article 68 applies
(the prohibition against acts solely intended to harm the Occupying Power).
IF on the other hand, the Arab Palestinians claim the right to defend against "aggression,"
THEN they also claim that at the time of the "act of aggression" the act was committed against Arab Palestinian "sovereignty, territorial integrity or political independence, or in any other manner inconsistent with the Charter of the United Nations, as set out in this Definition. In that case, the Arab Palestinians must be able to establish that "at the time of the act of aggression," the Arab Palestinians had:
a ) a permanent population;
b ) a defined territory;
c ) government; and
d) capacity to enter into relations with the other states.
The Arab Palestinians, in nearly every case, have difficulty demonstrating they had these four characteristics at a time when an "act of aggression" occurred.
Most Respectfully,
R
