georgephillip, Sweet_Caroline,
et al,
Our friend "Sweet_Caroline" is correct. The blockade is not "illegal." In fact, it is not a form of "punishment" at all. It is a counter-terrorism measure.
The idea behind collective punishment is rooted in International Humanitarian Law (IHL); which "is the body of rules applicable when armed violence reaches the level of armed conflict, and is confined only to armed conflict, whether international or non-international. The relevant treaties are, of course, the four Geneva Conventions of 1949 and their two Additional Protocols of 1977, although IHL encompasses a range of other legally binding instruments and customary law as well. While IHL does not provide a definition of terrorism, it explicitly prohibits most acts committed against civilians and civilian objects in armed conflict that would commonly be considered ‘‘terrorist’’ if committed in peacetime.
It is a basic principle of IHL that persons engaged in armed conflict must at all times distinguish between civilians and combatants and between civilian objects and military objectives. The principle of distinction is a cornerstone of IHL." (
International Humanitarian Law and the Challenges of Contemporary Armed Conflicts)
(OBSERVATION)
The are several goals and objectives to the blockade (Sea approach) and the containment security barriers (Landward approach) relative to the protection of Israeli sovereign integrity and its citizenry.
The "blockade and security containment" by Israel has no intention to severely deprive Gazans of fundamental rights contrary to international law by reason of the identity of the Palestinian as a group or collective. HAMAS
(and the associated terrorist activities operating within or sporting Gaza) are not being singled-out by Israel purely as identifiable groups or collectives on basis of political, racial, national, ethnic, cultural, religious, gender, in connection with any act referred to as terrorism. This is not a form of "collective punishment" but a partial set of countermeasure:
- To strengthen coordination and cooperation among States in combating crimes that might be connected with terrorism, including drug trafficking in all its aspects, illicit arms trade, in particular of small arms and light weapons, including man-portable air defense systems, money laundering and smuggling of nuclear, chemical, biological, radiological and other potentially deadly materials.
- To take the necessary measures to ensure that the intentional acts referred to below in points (a) to (i), as defined as offenses under national law, which, given their nature or context, may seriously damage a country or an international organization where committed with the aim of:
- - seriously intimidating a population, or
- - unduly compelling a Government or international organization to perform or abstain from performing any act, or
- - seriously destabilizing or destroying the fundamental political, constitutional, economic or social structures of a country or an international organization,
- To disestablish the means by which HAMAS , over a period of time and acting in concert with other associated terrorist activities operating within or sporting Gaza, will employ to commit terrorist offenses.
- To restrain the Inciting, aiding or abetting, and attempting:
- Organizing, instigating, facilitating, participating in, financing, encouraging or tolerating terrorist activities intended to be committed against Israel or other States or their citizens.
- The establishment of criminal safe haven and facilitates, obstruct participates or attempts to participate in the financing, planning, preparation or perpetration of terrorist acts or provides safe havens.
(COMMENT)
The Blockade and Security Containment is illegal if were imposed with the intention to starve the Gazan population or if its effects on the civilian population are in excess of that which is necessary to achieved military advantage, goals and objectives. Since the Blockade and Security Containment allows such Humanitarian Assistance to Gaza, obviously, that is not the advantage, goals and objectives to "collectively punish" the Gazan Population even though it is a population in support of state terrorism.
Most Respectfully,
R
