Billo_Really,
et al,
Point - Counterpoint, the discussion continues.
According to your former leaders, colonialism is exactly what you planned to do all along.
(COMMENT)
Well, I interpret it as thoughts on re-settlement relative to the action in the establishment of the Jewish national home and the interests of the Jewish population in Palestine, in taking or modifying the property rights pursuant to the exercise of its sovereignty.
As a matter of state policy, relative to the statement by General Moshe Dayan, it seems to me that he was speaking to the impact of the various military outcomes in contemporary times. It would absolutely absurd of me to deny that his description was anything but accurate. After all, the dominant population in the region was Arab for more than a thousand years.
I cannot even speak to what David Ben-Gurion must have been thinking. I honestly cannot justify his comment in that I don't really understand the man, his personal feelings, or the context in which the he was applying the comment. David Ben-Gurion died in 1973, and last held official office in 1963
(next week is his birthday). I'm not sure when that statement was made and which Arab Palestinians he may have been addressing. I'm not the right man to explain the context.
Your premise is that it is illegal to resist a belligerent occupation by a foreign force.
The Germans belligerently occupied Poland. Warsaw Jews resisted that occupation. To argue Palestinian's do not have a legal right to resist now, is to say the Jews in Poland did not have the legal right to resist then.
You cannot claim it is a "false comparison", when occupational law is a result of what the Germans did in WWII.
(COMMENT)
You have this partly wrong. First, the Geneva Convention says that it is a punishable to commit an offense which is solely intended to harm the Occupying Power, or serious acts of espionage and sabotage against the military installations of the Occupying Power or of intentional offenses which have caused the death of one or more persons; it is not me. It is the Rule of Law. A resistance movement must accept the consequences of its actions.
There is little question that there are Devil's Advocates that can adequately make the case that an "armed struggle" is warranted on behalf of the Arab Palestinian people. But I am just as convinced that no such "armed struggle" justification would ever include the targeting of unarmed noncombatants, the use of suicide bombing, indiscriminate fire, piracy, hijackings, and massacres that we would constitute today as terrorism.
And just as important
(in this discussion) is the fact that "armed struggle"
(since you made the analogy) - even for the Jews in Poland, would have not been proper if the targets were other than clear military objectives.
The difference between the Jews in Poland and the Arab Palestinians in the West Bank and Gaza Strip is that the Jews in Poland were earmarked for certain death. Conversely, the Arab Palestinian
(West Bank and Gaza Strip), is in no way earmarked for certain death. The Israelis have not established "Death Camps" or anything of the sort. The Israelis are not rounding-up Arab Palestinians and shipping them off for extermination.
That's not self-determination, that's resistance.
If they have the right to self-determination:
- why can't Gazan's travel abroad without first getting travel visas from Israel?
- why can't they fish, without getting shot at?
- why can't they farm, without getting shot at?
- why can't they move freely about in the West Bank, without going through some 500 checkpoints and roadblocks?
- why can't they have free and fair elections, without getting punished by economic blockades and sieges?
You can't stop something you never had.
(COMMENT)
The Israel has the absolute right to control its borders, just as any country does. Just as the Palestinian claim when they say: "Palestinian Ambassador to the United States Maen Rashid Areikat reiterated his call to create a Jew-free Palestinian state."
The Arab Palestinians present, at the moment and for the last 47 years (as you say), a clear and present danger to the Israel state and its people. Similarly, it would appear, the Egyptians have a common belief; and so would it seem Jordan
(after its experience with the Fedayeen).
- - why can't Gazan's travel abroad without first getting travel visas from Israel?
- As I explained previously, Gaza is held under a triumvirate: HAMAS, the Brigades and the Palestinian Islamic Jihad. It is the equivalent of a State sponsor for terrorism. What country accepts a visa issued by a state sponsor for terrorism?
- - why can't they fish, without getting shot at?
- The prohibition is not on fishing, but the danger they would present if HAMAS and terrorist cohorts were to be granted open access to the sea.
- - why can't they farm, without getting shot at?
- This is a security proximity feature to prevent direct contact with the security barrier. It is not a prohibition on farming, but the potential for exploitation by Hostile Arab Palestinians.
- - why can't they move freely about in the West Bank, without going through some 500 checkpoints and roadblocks?
- Straight-up security awareness.
- - why can't they have free and fair elections, without getting punished by economic blockades and sieges?
- There again, it is not a matter of a prohibition on elections. It is the fact that the Arab Palestinian openly elected the equivalent of a state sponsor of terrorism. The people advocated a regime that openly sponsors terrorism, and pledged their support to a government that is backed by terrorists.
Israel has maintained a belligerent occupation for the last 47 years, it's not the Pals who are conducting hostilities.
(COMMENT)
Well, technically, the State of Palestine has only been occupied by Israel since 1988
(a quarter century). But I get your meaning.
In regards to this, it is simply a matter of Article 68. If you conduct hostile activity against the "Occupation Force" then you are subject to the consequences.
Israel making up lies to attack its neighbors, is a menace to the region.
(COMMENT)
There is very little to argue here. "Arab Palestinian terrorist activities have become legendary." It is what it is!
Wrong! An occupational force does not have sovereignty.
That is true. The reference you cited, was when they were discussing the laws of occupation in general. When you start discussing specifics, the world community of experts are all in agreement when it comes to Israel and the OPT.
Even the HCJ disagrees with you.
And the blockade of Gaza qualifies as "effective control".
[*]
(COMMENT)
I agree, an "An occupational force does not have sovereignty." That doesn't mean that under international law the "Occupation Force" does not have the responsibility for law and order. If the Gaza Strip"
IS, as you complain, under Israeli Occupation, then there is no change between the status of forces when the most recent incursion occurred. An "Occupation Force" must have "effective control." And, it is a requirement under the Geneva and Hague Conventions that:
EXCERPT: LEGISLATION UNDER ARTICLE 43 OF THE HAGUE REGULATIONS:
BELLIGERENT OCCUPATION AND PEACEBUILDING said:
Article 43 of the Regulations Respecting the Laws and Customs of War on Land, annexed to Hague Convention (II) of 1899 and (IV) of 1907, is the linchpin of the international law of belligerent occupation. Two diverse obligations are imposed on the Occupying Power by Hague Article 43:
(a) to restore and ensure, as far as possible, public order and life in the occupied territory;
(b) to respect the laws in force in the occupied territory unless an “empêchement absolu” exists.
The first obligation has to be implemented by the executive (and the judicial) branch of the Military Government of the Occupying Power, whereas the second obligation devolves to the legislative branch. The first obligation requires acts of commission, and the second duty postulates primarily acts of omission. Neither obligation is absolute. Although in principle the Occupying Power has to maintain the laws in force in the occupied territory, it is generally understood that the preexisting legal system can be modified through new legislation when a necessity arises. In principle, any legislation enacted by the Occupying Power in the name of necessity applies in the occupied territory during the occupation and not beyond that stretch of time. Article 64 of the 1949 Fourth Geneva Convention expresses in a more precise and detailed form the terms of Article 43 of the Hague Regulations. Without exhausting the concept Article 64 allows for suspension or repeal of existing laws and the enactment of new legislation in three exceptional situations:
(i) the need of the Occupying Power to remove any direct threat to its security and to maintain safe lines of communication,
(ii) the duty of the Occupying Power to discharge its duties under the Geneva Convention, and
(iii) the necessity to ensure the “orderly government” of the occupied territory.
Obviously, the orderly government exception becomes more prominent under conditions of prolonged occupation. It is, therefore, required to establish a litmus test for resolving disputes concerning the validity of legislation enacted by the Occupying Power in the name of orderly government.
SOURCE: Program on Humanitarian Policy and Conflict Research, Harvard University, Occasional Paper Series, Fall 2004 ! Number 1
I have said not everyone in Hamas, is a terrorist. And not everything Hamas does, is terrorism.
(COMMENT)
Nor have I. But it needs to be clear, that if you support HAMAS, you support a terrorist organization; whether or not your support is active of passive. If you vote to elect HAMAS as a government, you have voted to install a government that supports terrorism.
If you provide any property,
tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel , and transportation to HAMAS or its terrorist associates --- THEN you have provided material support to a terrorist organization.
International Covenant on Civil and Political Rights said:
Article 20
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
SOURCE: General Assembly Resolution 2200A (XXI) of 16 December 1966
Of course in this discussion group, we ALL advocate for a peaceful solution.
Most Respectfully,
R