- Dec 6, 2009
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P F Tinmore, et al,
They understand that there are "protections" (active measures) extended to "protected Persons" that are not required to extend to civilians.
(COMMENT)Why did they state that the nationals of the occupying power are not protected when they are?P F Tinmore, et al,
Well, yes I have --- several times.
(COMMENT)You still have not explained this statement.P F Tinmore, et al,
All you have to understand is that the definitions are different. See Post #40.
(COMMENT)
Civilians are one thing.
Protected persons are another thing.
There are international laws that cover both.
Most Respectfully,
R
B. -- ' In occupied territories; ' protection is accorded to all persons who are not of the nationality of the occupying State.
The protections afforded "Protected Persons" do not apply to "civilians" of the Occupying Power.
"The population of the occupied Palestinian territory are accorded "protected persons" status. Civilians of the State of Israel are not "protected persons." Civilians of the State of Israel are protected as "civilians" under Article 68, the rules of war, and Protocols I and II. This passage you've picked-out and focused on does not preclude the protection afforded all non-combatant "civilians."
(QUESTION)
What is the point you are trying to make?
Most Respectfully,
R
Did they have some surplus ink that they wanted to use up?
The concept is that the Convention extends protections to the "occupied population" by requiring certain actions of a humanitarian nature. This has to do with the post battlefield and into an occupation status. These protections do not extend to the population before they are occupied or after the occupation ends.
The limitations of a military force on what actions they can take during combat and after the cessation of hostilities cover all civilians everywhere, at all times.
Remember, that the Geneva Convention citation you are concerned about, cover what the "Occupying Power" is required to do and the limitations they have in dealing with the people under occupation (protected persons); just as it requires and limits how the people under occupation interact with the occupation force. In this case of the Israelis, the convention requires the Israeli act in a certain way in dealing with Arab Palestinians, and Israeli basic law deals with how the Occupying Power deals with Israeli Civilians.
International Humanitarian Law, like the Customary Rules of War and the Geneva Conventions, attempt to limit the impact of conflict relative to those entities not engaged. It is not a tool for the Jihadist and Fedayeen to use in their Islamic Resistance Movement (HAMAS) to justify attacks against non-combatants and civilians.
Most Respectfully,
R
The concept is that the Convention extends protections to the "occupied population" by requiring certain actions of a humanitarian nature. This has to do with the post battlefield and into an occupation status.
Israel is unique on several different levels. Israel has always been a colonial project. This began under British Military control until 1948. In 1949 the UN divided Palestine into three areas of military control. In 1967 Israel took control of the West Bank and the Gaza strip.
During all of this time the conflict never ended, and Israel never did abide by the restrictions and obligations of the rules of occupation. It is called an occupation because it is territory under military control but it has never achieved the true status of an occupation. I don't believe that Israel ever intended to be an occupation. That would be the end of their colonial project.
So, what set of rules do we use?