P F Tinmore, et al,
Yes, this is just camoflage in the dilution of the question.
Are Hostile Arab Palestinians (HoAP) criminally accountable for:
• Offence which is solely intended to harm the Occupying Power?
• Guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offenses which have caused the death of one or more persons?
The answer is yes! Of course they are. There is an entire section on how the detain and administer punish in the Geneva Convention.
P F Tinmore, et al,
Don't quibble. The UN and the Security Council have consistently stated the the Geneva Convention applied.
AND the idea you submit that: "This "occupation" can only be defined by its true activities. Settler colonialism." These ideas are completely separate and independent. There are many example in which one can point-out an OCCUPATION absent COLONIALISM and vise-versa.
The civilian population of an occupied territory owes no allegiance to the occupying power. As we will see in detail later, it cannot be forced to fight its own country, be involved in any way with the armed forces or give military assistance to the occupying power.
(COMMENT)
I do not see or recall any Israeli effort to conscript Arab Palestinians of the West Bank for the purpose of combating HoAP. Can you point to the involuntary service for me?
Civilians are at all times entitled to respect for their persons, honour, family rights, religious convictions, and manners and customs. Their private property is protected.
(COMMENT)
I have not heard of the IDF, Border Police, or Security Services shaking-down Arab Palestinians for money, jewry or other precious assets. I really don't see major or minor proterties taken outside those necessary for a security advantage.
Collective penalties, measures of intimidation, terrorism and hostage-taking are prohibited.
(COMMENT)
I've not seen a violation of this. This is a protocol for the Palestinian Government that supports and praises
Jihadist, Deadly Fedayeen, Hostile Insurgent, Radicalized Islamist, and Asymmetric Fighters.
Each State has a duty to defend itself, it citizenry and sovereign integrity and independence. Israel has all three and the burden of responsibility. The Arab Palestinians have not yet reach the ability to protect anything of consequence.
The Israeli Occupying Power with the authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.
The legal rights of the inhabitants of occupied territory cannot be curtailed by any agreement or other arrangement between the occupying power
and the authorities of the occupied territory. This is intended to prevent national authorities from being put under pressure to make concessions which might not be in the population’s best interests or weaken its legal rights.
(COMMENT)
Yes, this is 100% correct. You just don't make an agreement; that would preclude most Peace Treaties.
Individual or mass forcible transfers and deportations of the civilian
population from occupied territory are prohibited. The occupying power must not deport or transfer parts of its own civilian population into the territory it occupies.
(COMMENT)
I have not observed this since the Fourth Geneva Convention (GCIV) went into force.
After effective occupation of territory, members of the territory’s armed forces who have not surrendered, organized resistance movements and genuine national liberation movements may resist the occupation.
(COMMENT)
It may, and it must live with both the legal, economic and physical consequence of that decision.
Indirect support for the resistance movement, such as providing information or non-military supplies, does not constitute taking a direct part in hostilities. Those so engaged are civilians and therefore protected against attack.
(COMMENT)
A person is guilty of espionage, or of serious acts of sabotage against the military installations of the Occupying Power or of intentional offense which have caused the death of one or more persons, provided that such offense were punishable by death under the law of the occupied territory in force before the occupation began.
The words "duty of allegiance" constitute an acknowledgment of the fundamental principle according to which the occupation does not sever the bond existing between the inhabitants and the conquered State. Protected persons must nevertheless obey legitimate orders issued by the Occupying Power. (See
COMMENTARY OF 1958)
As legitimate State authority has now passed into the hands of the occupying power, the latter must take all measures in its power to restore and ensure, as far as possible, law and order and public safety. As a rule, the occupying power must allow the territory to be administered as before. It must respect the laws in force in the territory before
occupation unless it is absolutely prevented from doing so.
(COMMENT)
In many cases, the law (Jordanian and Egyptian) are many times more restrictive that Israeli law. How were the Arab Palestinians in Black September treated? How long do Egyptian protestors like the Muslim Brotherhood last in Egypt.
I can go on with each and every point you make, but I think you understand that you must give a little more thought to you position, then to just cut and paste an high-pocket training guide for Sergeants to train their squads.
Most Respectfully,
R