montelatici
Gold Member
- Feb 5, 2014
- 18,686
- 2,133
- 280
- Thread starter
- #61
P F Tinmore, et al,
What is your point? The Francis Boyle interview is an opinion arguing for one side alone, and not a legal evaluation of both sides simultaneously. While a good presentation for the pro-Palestinian side, it is not balanced.
(COMMENT)Charging Israel with War Crimes | Interview with Francis Boyle
The Hostile Arab Palestinian (HoAP) and the State of Palestine have both committed violations of International Law. In fact the HoAP not only declared Jihad (WAR) against Israel, but committed acts of war against Israel.
In some respects, the current conflict can be seen as a continuation of the 1948 War of Independence for Israel.
While the International Court of Justice (ICJ) Advisory Opinion 9 July 2004, General List 131, it is a unstable decision and still an opinion that needs litigation. Israel does not maintain "effective control" in that it does not have the ability to impose Law and Order such that it can prevent HoAP irregular forces from launching attacks directed by the Palestinian Government in the Gaza Strip. Second, in actuality and under the Oslo II Accords (Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip) Hostile/Belligerent Government of Palestine has full civil and security control that is exercised by the Palestinian Authority in Area "A"; and within Area "B" the Hostile/Belligerent Palestinian Authority maintains civil control and joint Israeli-Palestinian security control. Within the Gaza Strip, under the control of the Islamic Resistance Movement (HAMAS), which is part of the Unity Government over Palestine, has near complete control (civil and Security) maintained through the irregular paramilitary Jihadist (mainly the Izz Al Din Al Qassam Brigades and Al Quds Brigades --- but also includes the Al Nasser Salah Al Din Brigades of the Popular Resistance Committees, Abu Ali Mustafa Brigades, Popular Front for the Liberation of Paestine, + Al-Aqsa Martyrs Brigades, and the National Resistance Brigades); having some 5000 to 6000 insurgent fighters.
These two questions need to be formally answered before things go to far.
Another point to be made hear is that through a slight of hand, the Recent UN Human Rights Council Report ( A/HRC/29/CRP.4) did not evaluate the past criminal history of the Palestinians to establish a pattern of wrong doing and Humanitarian/War Crimes. It conveniently starts 13 June 2014. Nor did it under international humanitarian law and international human rights law establish the facts and circumstances of such violations and of the crimes perpetrated and to identify those responsible. The reason for this is not published, but it might be because the Palestinians do not have clean hands.
- Is this a continuation of the 1948 War?
- Is the Gaza Strip contained by Israeli Forces, or is it under the Effective Control of Israeli Forces?
- What impact, if any, does that have on Palestinian Statehood?
- Does a "State of War" exist between the State of Israel and the the State of Palestine?
“The commission was able to gather substantial information pointing to serious violations of international humanitarian law and international human rights law by Israel and by Palestinian armed groups,”
In the case of the Frank Boyle interview, I say this. The legal system is an adversarial system. The Defense side against the Prosecutors side. Boyle picked to Prosecute the Israelis. But his evaluation and interpretation is not the end all - be all of the legal issues. A Israeli can only be held criminally responsible and liable for punishment for a crime within the jurisdiction of the International Criminal Court if the material elements of the offense are committed with intent and knowledge.
I noticed that Frank Boyle and the Commission Report mentioned that something about the Israeli's committing a Crime Against Humanity for building Settlement in Area "C"; in which they cite Article 7(2d) of the Rome Statutes.
And then there was this constant cry on War Crimes.
- Article 7 (2) (d) Crime against humanity of deportation or forcible transfer of population
- Element 1. The perpetrator deported or forcibly transferred, without grounds permitted under international law, one or more persons to another State or location, by expulsion or other coercive acts.
- 12 The term “forcibly” is not restricted to physical force, but may include threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power against such person or persons or another person, or by taking advantage of a coercive environment.
- 13 “Deported or forcibly transferred” is interchangeable with “forcibly displaced”.
- Element 2. Such person or persons were lawfully present in the area from which they were so deported or transferred.
- Element 3. The perpetrator was aware of the factual circumstances that established the lawfulness of such presence.
- Element 4. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
- Element 5. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
- Article 8 (2) (b) (i) War crime of attacking civilians
- Element 1. The perpetrator directed an attack.
- Element 2. The object of the attack was a civilian population as such or individual civilians not taking direct part in hostilities.
- Element 3. The perpetrator intended the civilian population as such or individual civilians not taking direct part in hostilities to be the object of the attack.
- Element 4. The conduct took place in the context of and was associated with an international armed conflict.
- Element 5. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
If one element is missing, there is no crime. The common element is the "intent." In one case you have to prove that the Israel object of the attack was a civilian population; and in the other case you have to prove that the Israelis object of the attack was a civilian object.
- Article 8 (2) (b) (ii) War crime of attacking civilian objects
- Element 1. The perpetrator directed an attack.
- Element 2. The object of the attack was civilian objects, that is, objects which are not military objectives.
- Element 3. The perpetrator intended such civilian objects to be the object of the attack.
- Element 4. The conduct took place in the context of and was associated with an international armed conflict.
- Element 5. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
In this respect, I find the UNHRC Inquiry less than useless. Relative to the OP (Post #1), it is not likely to be all that useful at the International Criminal Court. In fact the effect might go in the opposite direction.
Most Respectfully,
R
-All elements of a crime do not have to be present.
Pursuant to the treaty:
"1. Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. "
Bombing UN schools whose coordinates had been provided to the IDF covers intent.
Bombing UN schools whose coordinates had been provided to the IDF covers intent.
Were those the schools your terrorist buddies were launching rockets from?
No, they were the UN schools that were hosting refugees and were being bombed by your terrorist buddies, punk,