P F Tinmore,
et al,
The right of "self-defense" is not all encompassing.
Pertaining to the dispute at hand --- the Palestinians have the right of self-defense, in cases where that involves defending oneself as a protected person, or the well-being of another from harm that violates the status of a protected person.
Anything to resist or remove the occupation.
(COMMENT)
But you know as well as I do, that even a Protected Person is barred from crimes intended to harm the Occupying Power. They are punishable by law just the same as if the were committed in a unoccupied zone. While it is true --- that the courts have some latitude and discretion to convert a sentence of imprisonment to one of internment for the same period; in cases that do not involve some of the more serious crimes --- even the international sees certain crimes as capital offenses. Even Palestinians holding the status of a protected person, guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or resistance movement crimes which have caused the death of one or more persons, are offenses punishable by death under the law of the occupied territory in force before the occupation began. (See Article 68 of the
Geneva Code)
In the cases I've just discussed, the Palestinian has the rights to self-defense very similar to that of any American in the US. But when you attempt to apply that to the resistance movement against the occupation, it changes. Even under Humanitarian Law, the Hostile Arab Palestinian does not have the right to use any deadly force against the Occupation Power.
Article 68 - Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva said:
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: Convention (IV) relative to the Protection of Civilian Persons
It is not "Rocco" that makes the claim, it is the law. Protected Palestinian Persons who commit an offence which is solely intended to harm the Occupying Power, including acts of espionage, of serious acts of sabotage against the military installations of the Occupying Power, or intentional acts which have caused the death of one or more persons are subject to fine, imprisonment, or capitol punishment befitting the crime. This includes resistance action defined under Article 13 of the
HAMAS Covenant (There is no solution for the Palestinian question except through Jihad.) or Article 9 of the
Palestine National Charter (Armed struggle is the only way to liberate Palestine.) Even the suggest and support of such violent or hostile action against the Occupation Force is a violation of the Plan of Action, Part II, Paragraph 1, Annex to
A/RES/60/288, wherein instigating and encouraging or tolerating terrorist activities intended to be committed against other States or their citizens is a violation of international law.
Self-defense for common law purposes is otherwise similar to that of any other nation.
Resistance comes in two forms: violent and non-violent. Non-violent resistance, such as BDS, is entirely legal. Violent resistance is illegal.
Most Respectfully,
R