P F Tinmore, et al,
The Geneva Convention IS international law.
You are taking article 68 out of context. This regulates local law not international law.
(COMMENT)
You are the one who is taking Article 68 out of context. First, the Palestinian Territories were occupied while under the jurisdiction of Jordanian Law and Egyptian Military Law. The law that were applicable at that time, clearly made attacks illegal.
The Fourth Geneva Convention | Jewish Virtual Library
Art. 64. The penal laws of the occupied territory shall remain in force, with the exception that they may be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention.
Subject to the latter consideration and to the necessity for ensuring the effective administration of justice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws.
The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfil its obligations under the present Convention, to maintain the orderly government of the territory, and to ensure the security of the Occupying Power, of the members and property of the occupying forces or administration, and likewise of the establishments and lines of communication used by them.
(COMMENT)
This is, in no way, makes attacks by the belligerent population against the occupying power legal. An attack on the Occupying Power IS a threat to its security.
What are some of these obligations?
Art. 49. Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.
The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.
(COMMENT)
First, Israel did not make any FORCIBLE transfers of of Israeli settlers from Israel to the Palestinian Territories.
Second, Israel did not make any FORCIBLE transfers of Palestinian to territories outside of the Palestinian territories.
Third, Areas "A", "B", and "C" were agreed upon under the Oslo Accords. All settlers are in Area "C" which is under FULL Israeli civil and security control; as agreed upon by the sole representative of the Palestinian People.
Art. 53. Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.
(COMMENT)
This is a civil matter. It is a military judgement an "absolutely necessary by military operations" existed. This is especially true in terms of an insurgency.
It has no impact on the legality of the Palestinians to to conduct illegal action intended to harm the Occupying Power. Article 53 has no application at all to that issue.
And then there is:
4. All armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall be respected.
The United Nations and Decolonization - Declaration
(COMMENT)
The Palestinians were allowed to Declare Independence in 1988, without objection. The occupation and enforcement measures are to maintain the establishment of Law and Order, and to suppress the criminal activity of the Palestinian factions in their pursuit of dismantling the State of Israel.
The integrity of the national territory of the State of Palestine is still under negotiation. It is the Palestinians that put the territorial boundary dispute in a secondary position to the "right of return" issue.
Most Respectfully,
R