RE: Palestine Today
⁜→ P F Tinmore, et al,
BLUF: Posting #13842 (toomuchtime) used the term "civilian" properly. Posting #13843 (P F Tinmore) is incorrect.
Well, there is a slight difference between a "civilian" and that of a "Protected Person." Concerning Postings
#13842 (toomuchtime_) and
#13843 (P F Tinmore) the wording of
Article 8(1)(b)(i), Rome Statute of the International Criminal Court is inclusive:
Intentionally directing attacks against the "civilian" population as such or against individual "civilians" not taking direct part in hostilities;
There is two different reference here that must be considered. The first reference (above) defines the War Crime itself for prosecutorial purposes. The second reference (below) defines the source content of the application of the prohibition under Customary and International Humanitarian Law (C-IHL).
Under the International Law of Occupation
(The Occupation is defined by Article 42 - Hague Regulation of 1907) is a sub-set of the IHL of the Geneva Conventions and the applicable Additional Protocols.
✦ Rule 5. Civilians are persons who are not members of the armed forces. The civilian population comprises all persons who are civilians. ✦
The definition of civilians as persons who are not members of the armed forces is set forth in Article 50 of Additional Protocol I, to which no reservations have been made. It is also contained in numerous military manuals. It is reflected in reported practice. This practice includes that of States not, or not at the time, party to Additional Protocol I.
Civilians are not the term. Protected persons are the term. Look up protested persons in occupation law.
(REFERENCE)
• Article 50 → Additional Protocol I -- Definition of civilians and the civilian population •
1. A civilian is any person who does not belong to one of the categories of persons referred to
in Article 4 A (1), (2), (3) and (6) of the Third Convention and in
Article 43 [ Link ] of this Protocol. In case of doubt, whether a person is a civilian, that person shall be considered to be a civilian.
2. The civilian population comprises all persons who are civilians.
3. The presence within the civilian population of individuals who do not come within the definition of civilians does not deprive the population of its civilian character.
As for the comment in Posting #13843 (P F Tinmore), this is a basic and fundamental fact. It requires no interpretation. The Hostile Arab Palestinians (HoAP) are combatants as defined by
• Article 43(2) of Additional Protocol One (AP1) •, and
• Article 4 to the Third Geneva Convention • as explained in Posting #13846 (RoccoR). The only Gray Area in the International Criminal Code where Article 8 of the Statute, war crimes against child soldiers include conscripting or enlisting children
under the age of 15 years, or using them to participate actively in hostilities.
Most Respectfully,
R
