Billo_Really, et al,
My dear Billo_Really, --- you are again spreading disinformation.
It is "almost" universally understood that the Occupying Power (Israel), pursuant to Article 43 of the Hague Regulations and Article 64 of the Fourth Geneva Convention, set the elementary and rudimentary limits to occupying power’s authority in occupied territory; but, also sets the principle obligation --- to restore and ensure public order and safety in occupied territory. It sets the limits the occupier (Israel) may change local laws and initiate new legislation.
It should be understood by the belligerents under occupation that neither The Hague Regulations (THR) nor the Fourth Geneva Convention (GCIV) limits the duration of "effective control" over a foreign territory
(how long an occupation may be found necessary to maintain). Nor does International Humanitarian Law (IHL) set any limits to the time span of an occupation may continue.
--- IMPORTANT ---
The administration of the occupied Palestinian territory (oPt) by the Israelis must attempt to strike a balance between the obligation to restore and maintain public order and security, and the duty to respect the laws in force in oPt (as a goal), while ensuring the safety and security of its own armed forces (an imperative).
IHL is meant to strike a balance between Israeli military necessity and humanitarian considerations for the Arab Palestinian. However, there are three areas that need special attention.
• IHL does not allow military endeavors that aim to make permanent changes to occupied territory;
• IHL is not an authority to force people to leave their homes; or to unlawfully seize land and resources from communities.
• IHL has the principle purpose of being a tool for the protection of the life and dignity of civilians.
That's not true. Most of the time it's Palestine instigating the violence. You're upset because Israel defends itself.
An occupational force cannot claim self defense.
That's like an assassin telling the cops, after he broke into his targets house and found the home owner putting up more resistance than anticipated, he had no choice but to kill the man in self defense.
(COMMENT)
First, there is no International Law that stipulates that the "Occupying Power cannot claim self-defense." I challenge anyone to produce such a citation.
The Occupying Power (Israel) may exercise its authority over an occupied Palestinian territory (oPt) for as long as it deems necessary to secure its military interests and impose its terms of peace upon the hostile population that has established a long history of criminal behaviors. AND, the combination of Article 43 of THR with Article 64 of GCIV gives the occupying power (Israel) very broad authority over the oPt.
The presence of foreign forces (in this case the Israelis): presupposes the presence of a certain number of foreign troops in the oPt that effective control could not usually be exercised without the continued physical presence of Israeli Forces. The absence of any hostile Arab Palestinians conducting military, paramilitary, insurgency or terrorist operations from the oPt IS THE prerequisite for establishing an end to occupation. This has not been the case relative to the Arab-Israel Conflict in more than 70 years.
There is absolutely no prohibition in any International Law set (THR, GCIV, IHL, etc) that bars the Occupying Power (Israel) from pursuing and capturing the Arab-Palestinian perpetrators of criminal or hostile behaviors that were solely intended to harm the Occupying Power, involving espionage, or serious acts of sabotage against the Israeli military installations, or actions that caused the death of one or more persons; and to hold them accountable to penalties under
Article 68 of the GCIV.
Israeli self defense initiatives (detection, exploitation, neutralization) from the individual level to the national security level, is threat based. The Arab-Palestinians declared a Jihad in 1948 and have periodically renewed the right to armed struggle over the seven decades. This is an Article 51 issue in the UN Charter.
REMEMBER: Israel did not occupy the State of Palestine in 1967. It occupied Egyptian and Jordanian territories in the course of self-defense military operations. The Arab-Palestinians attempted to establish their sovereignty while under occupation.
Most Respectfully,
R