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RE: The current middle eastern crisis is Israels fault... - 7/23/2014 7:31:56 AM   
tweakabelle


Posts: 7522
Joined: 10/16/2007
From: Sydney Australia
Status: offline
quote:

ORIGINAL: DesideriScuri

quote:

ORIGINAL: tweakabelle
quote:

ORIGINAL: DesideriScuri
In your opinion, does Israel have the right to protect it's borders and citizens within those borders? Would Israel have invaded Gaza this time if not for the rocket attacks and the kidnapping of those kids? Does Israel have any right to fire back at Hamas?

Yes Israel does have a legitimate right of self defence of its territory and citizens. This right stops at its borders, the internationally recognised (1967) borders. Israel has no right of self defence in the occupied territories under international law. Equally, under international law, the Palestinians, as an occupied people, have a legitimate right of self defence (provided they target military targets).


I agree. What's happening now, though, is in Gaza, where the borders aren't really in question. Unless you are claiming that Hamas is launching attacks from Gaza in response to settlements in the West Bank. Considering Hamas doesn't have governance control over the West Bank, they aren't representatives of the people there. Essentially, Hamas can defend Gaza.



DS, I am only going to respond to this point because this comment indicates the depth of your lack of awareness of the situation. Please don't interpret that as a personal criticism - it's not. It's a complex situation and the US media is among the worst in the world for its one-sided reporting of situation in Occupied Palestine.

Gaza is surrounded by Israel which has imposed a blockade on it. Israel controls the borders, the air and sea access, entry and exits, water, power etc. This amounts to "occupation" status under international law. So people in Gaza do have a legal right to self defence (provided they target legitimate targets) under international law.

You can remedy the one sided nature of the information you are receiving on the situation by tracking these websites for a few weeks. It shouldn't take more than 5-10 minutes per day. They list every act of violence carried out as part of the Occupation of Palestine, from crop destruction, blowing up water wells up to murder and killings. It might be best to do after the current slaughter dies down and things in the ME are 'quiet' to get a more balanced picture.
www.mondoweiss.org
http://www.informationclearinghouse.info/

Another very informative site is that of the Israeli Human Rights Organisation, B'Tselem, which tracks human rights and legal violation by the IDF and other Israeli Govt. agencies: www.btselem.org
This video, made by the peace activist son of an Israeli General and war hero is eye-opening: http://www.thepeoplesvoice.org/TPV3/Voices.php/2014/07/20/a-zionist-general-s-son-shatters-the-myt

Happy researching!

< Message edited by tweakabelle -- 7/23/2014 7:41:02 AM >


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Profile   Post #: 161
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 9:06:52 AM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
Status: offline
quote:

ORIGINAL: tweakabelle
DS, I am only going to respond to this point because this comment indicates the depth of your lack of awareness of the situation. Please don't interpret that as a personal criticism - it's not. It's a complex situation and the US media is among the worst in the world for its one-sided reporting of situation in Occupied Palestine.
Gaza is surrounded by Israel which has imposed a blockade on it. Israel controls the borders, the air and sea access, entry and exits, water, power etc. This amounts to "occupation" status under international law. So people in Gaza do have a legal right to self defence (provided they target legitimate targets) under international law.
You can remedy the one sided nature of the information you are receiving on the situation by tracking these websites for a few weeks. It shouldn't take more than 5-10 minutes per day. They list every act of violence carried out as part of the Occupation of Palestine, from crop destruction, blowing up water wells up to murder and killings. It might be best to do after the current slaughter dies down and things in the ME are 'quiet' to get a more balanced picture.
www.mondoweiss.org
http://www.informationclearinghouse.info/
Another very informative site is that of the Israeli Human Rights Organisation, B'Tselem, which tracks human rights and legal violation by the IDF and other Israeli Govt. agencies: www.btselem.org
This video, made by the peace activist son of an Israeli General and war hero is eye-opening: http://www.thepeoplesvoice.org/TPV3/Voices.php/2014/07/20/a-zionist-general-s-son-shatters-the-myt
Happy researching!


Mondoweiss.org was unavailable to me.

Informationclearinghouse and thepeoplesvoice are both ridiculously biased.

The btselem.org link looks quite impressive in it's depth and breadth. Thanks for that link. There are many hours ahead for me on that site.




_____________________________

What I support:

  • A Conservative interpretation of the US Constitution
  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

(in reply to tweakabelle)
Profile   Post #: 162
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 11:11:08 AM   
Zonie63


Posts: 2826
Joined: 4/25/2011
From: The Old Pueblo
Status: offline

quote:

ORIGINAL: DesideriScuri

quote:

ORIGINAL: tweakabelle
DS, I am only going to respond to this point because this comment indicates the depth of your lack of awareness of the situation. Please don't interpret that as a personal criticism - it's not. It's a complex situation and the US media is among the worst in the world for its one-sided reporting of situation in Occupied Palestine.
Gaza is surrounded by Israel which has imposed a blockade on it. Israel controls the borders, the air and sea access, entry and exits, water, power etc. This amounts to "occupation" status under international law. So people in Gaza do have a legal right to self defence (provided they target legitimate targets) under international law.
You can remedy the one sided nature of the information you are receiving on the situation by tracking these websites for a few weeks. It shouldn't take more than 5-10 minutes per day. They list every act of violence carried out as part of the Occupation of Palestine, from crop destruction, blowing up water wells up to murder and killings. It might be best to do after the current slaughter dies down and things in the ME are 'quiet' to get a more balanced picture.
www.mondoweiss.org
http://www.informationclearinghouse.info/
Another very informative site is that of the Israeli Human Rights Organisation, B'Tselem, which tracks human rights and legal violation by the IDF and other Israeli Govt. agencies: www.btselem.org
This video, made by the peace activist son of an Israeli General and war hero is eye-opening: http://www.thepeoplesvoice.org/TPV3/Voices.php/2014/07/20/a-zionist-general-s-son-shatters-the-myt
Happy researching!


Mondoweiss.org was unavailable to me.

Informationclearinghouse and thepeoplesvoice are both ridiculously biased.

The btselem.org link looks quite impressive in it's depth and breadth. Thanks for that link. There are many hours ahead for me on that site.



I just found it, it's http://mondoweiss.net/

".net" instead of ".org"

(in reply to DesideriScuri)
Profile   Post #: 163
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 12:15:26 PM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline
quote:

ORIGINAL: tweakabelle

quote:

ORIGINAL: DesideriScuri

In your opinion, does Israel have the right to protect it's borders and citizens within those borders? Would Israel have invaded Gaza this time if not for the rocket attacks and the kidnapping of those kids? Does Israel have any right to fire back at Hamas?


Yes Israel does have a legitimate right of self defence of its territory and citizens. This right stops at its borders, the internationally recognised (1967) borders. Israel has no right of self defence in the occupied territories under international law. Equally, under international law, the Palestinians, as an occupied people, have a legitimate right of self defence (provided they target military targets).

Is it possible to be more wrong?

Under your theory Gaza is an independent state. Therefore the first time, the very first time, a rocket is fired from Gaza into Israel that is an act of war and Israel has the absolute right to enter Gaza and obliterate the force that fired that rocket to the last man. Further since the force that fired that rocket does not wear uniforms it is legally not a state military and the Geneva Conventions on dealing with state military forces do not apply. Israel can summarily execute any prisoners they take as if they were spies.

Now would you like to revise your claims?

(in reply to tweakabelle)
Profile   Post #: 164
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 12:18:52 PM   
crazyml


Posts: 5568
Joined: 7/3/2007
Status: offline
Is it possible to be more ignorant about international law.

When acting in self defence your actions have to be proportional.



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Profile   Post #: 165
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 12:26:30 PM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline
quote:

ORIGINAL: crazyml

Is it possible to be more ignorant about international law.

When acting in self defence your actions have to be proportional.



Nope. No where in the UN charter or the relevant Geneva Conventions is there such a requirement. If a nation is attacked it can unleash its full fury on the attacker.

(in reply to crazyml)
Profile   Post #: 166
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 12:27:45 PM   
crazyml


Posts: 5568
Joined: 7/3/2007
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[ED to pull - was halfway through writing - will repost when finshed!]

< Message edited by crazyml -- 7/23/2014 12:28:23 PM >


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Profile   Post #: 167
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 12:36:36 PM   
crazyml


Posts: 5568
Joined: 7/3/2007
Status: offline

quote:

ORIGINAL: DomKen

quote:

ORIGINAL: crazyml

Is it possible to be more ignorant about international law.

When acting in self defence your actions have to be proportional.



Nope. No where in the UN charter or the relevant Geneva Conventions is there such a requirement. If a nation is attacked it can unleash its full fury on the attacker.


It is an absolutely established legal principle that self defence must be proportional. You're wrong on this. This is international law, created by precedent between the USA and the British (see the Caroline case)

If it is not proportional, it ceases to be self-defence and becomes "offence".


_____________________________

Remember.... There's always somewhere on the planet where it's jackass o'clock.

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Profile   Post #: 168
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 12:44:52 PM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline
quote:

ORIGINAL: crazyml


quote:

ORIGINAL: DomKen

quote:

ORIGINAL: crazyml

Is it possible to be more ignorant about international law.

When acting in self defence your actions have to be proportional.



Nope. No where in the UN charter or the relevant Geneva Conventions is there such a requirement. If a nation is attacked it can unleash its full fury on the attacker.


It is an absolutely established legal principle that self defence must be proportional. You're wrong on this. This is international law, created by precedent between the USA and the British (see the Caroline case)

If it is not proportional, it ceases to be self-defence and becomes "offence".


You are mistaken. The Caroline test is about preemptive self defense. IOW attacking first when you are about to be attacked. Then the attack must be proportional to the threat.
http://en.wikipedia.org/wiki/Caroline_test

It has absolutely no bearing if a state is actually attacked. In that case no holds barred.

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Profile   Post #: 169
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 12:57:11 PM   
vincentML


Posts: 9980
Joined: 10/31/2009
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quote:

Further since the force that fired that rocket does not wear uniforms it is legally not a state military and the Geneva Conventions on dealing with state military forces do not apply. Israel can summarily execute any prisoners they take as if they were spies.

I think you are mistaken, Ken . . . .

An unlawful combatant who is not a national of a neutral state, and who is not a national of a co-belligerent state, retains rights and privileges under the Fourth Geneva Convention so that he must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial".[3]

Furthermore from the same source:

The UN has, after the resolution was passed, permitted Palestine to title its representative office to the UN as "The Permanent Observer Mission of the State of Palestine to the United Nations",[10] seen by many as a reflexion of the UN's de facto position of recognising the State of Palestine's sovereignty under international law,[5]

Sorry, different source: http://en.wikipedia.org/wiki/Political_status_of_the_West_Bank_and_Gaza_Strip

< Message edited by vincentML -- 7/23/2014 1:12:34 PM >

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Profile   Post #: 170
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 2:17:10 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline

quote:

ORIGINAL: vincentML

quote:

Further since the force that fired that rocket does not wear uniforms it is legally not a state military and the Geneva Conventions on dealing with state military forces do not apply. Israel can summarily execute any prisoners they take as if they were spies.

I think you are mistaken, Ken . . . .

An unlawful combatant who is not a national of a neutral state, and who is not a national of a co-belligerent state, retains rights and privileges under the Fourth Geneva Convention so that he must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial".[3]

Furthermore from the same source:

The UN has, after the resolution was passed, permitted Palestine to title its representative office to the UN as "The Permanent Observer Mission of the State of Palestine to the United Nations",[10] seen by many as a reflexion of the UN's de facto position of recognising the State of Palestine's sovereignty under international law,[5]

Sorry, different source: http://en.wikipedia.org/wiki/Political_status_of_the_West_Bank_and_Gaza_Strip

So when defending yourself you cannot win, only match what is thrown at you? Defies logic.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

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Profile   Post #: 171
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 2:20:47 PM   
Musicmystery


Posts: 30259
Joined: 3/14/2005
Status: offline
So what would "winning" look like here?

In the real world, actions have consequences. You can't just shoot people. Even lots of people. It pisses other people off. Lots of other people. Big people. With guns. And oil.

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Profile   Post #: 172
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 2:51:48 PM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline
quote:

ORIGINAL: vincentML

quote:

Further since the force that fired that rocket does not wear uniforms it is legally not a state military and the Geneva Conventions on dealing with state military forces do not apply. Israel can summarily execute any prisoners they take as if they were spies.

I think you are mistaken, Ken . . . .

An unlawful combatant who is not a national of a neutral state, and who is not a national of a co-belligerent state, retains rights and privileges under the Fourth Geneva Convention so that he must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial".[3]

Furthermore from the same source:

The UN has, after the resolution was passed, permitted Palestine to title its representative office to the UN as "The Permanent Observer Mission of the State of Palestine to the United Nations",[10] seen by many as a reflexion of the UN's de facto position of recognising the State of Palestine's sovereignty under international law,[5]

Sorry, different source: http://en.wikipedia.org/wiki/Political_status_of_the_West_Bank_and_Gaza_Strip

If the PA is a sovereign state then its military must wear uniforms that identify it as such, directly from the 3rd GC, failing to do so strips them of all protections, again from the 3rd GC, and they may be considered spies, i.e. shot on the spot.

unlawful combatants as you describe would be a belligerent captured on the battlefield in uniform but not that of the enemy (i.e. a mercenary or a uniformed partisan).
See here:
http://en.wikipedia.org/wiki/Summary_execution#Exceptions_to_prisoners_of_war_status

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Profile   Post #: 173
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 3:20:28 PM   
freedomdwarf1


Posts: 6845
Joined: 10/23/2012
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quote:

ORIGINAL: DomKen
....If the PA is a sovereign state then its military must wear uniforms that identify it as such, directly from the 3rd GC, failing to do so strips them of all protections...

See here:
http://en.wikipedia.org/wiki/Summary_execution#Exceptions_to_prisoners_of_war_status

Actually, it says no such thing.
What it does say is... "According to Article 4 of the Third Geneva Convention of 1949, irregular forces are entitled to prisoner of war status provided that they are commanded by a person responsible for his subordinates, have a fixed distinctive sign recognizable at a distance, carry arms openly..." - so a uniform is NOT necessary as long as there is a distinctive sign.
It does mention that it needs to be recognizable "at a distance" - but how far is that to qualify?? 10 yards? half a mile? Viewable from Hubble?
I would classify the Hamas rebels as an irregular force under the 3rd GC.



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Profile   Post #: 174
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 3:31:49 PM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline
quote:

ORIGINAL: freedomdwarf1


quote:

ORIGINAL: DomKen
....If the PA is a sovereign state then its military must wear uniforms that identify it as such, directly from the 3rd GC, failing to do so strips them of all protections...

See here:
http://en.wikipedia.org/wiki/Summary_execution#Exceptions_to_prisoners_of_war_status

Actually, it says no such thing.
What it does say is... "According to Article 4 of the Third Geneva Convention of 1949, irregular forces are entitled to prisoner of war status provided that they are commanded by a person responsible for his subordinates, have a fixed distinctive sign recognizable at a distance, carry arms openly..." - so a uniform is NOT necessary as long as there is a distinctive sign.
It does mention that it needs to be recognizable "at a distance" - but how far is that to qualify?? 10 yards? half a mile? Viewable from Hubble?
I would classify the Hamas rebels as an irregular force under the 3rd GC.

What sign do they wear? In the field where are their leaders? When did they start carrying arms openly?

Hamas fails every one of the tests.

(in reply to freedomdwarf1)
Profile   Post #: 175
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 3:34:54 PM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
Status: offline
quote:

ORIGINAL: Zonie63
quote:

ORIGINAL: DesideriScuri
quote:

ORIGINAL: tweakabelle
DS, I am only going to respond to this point because this comment indicates the depth of your lack of awareness of the situation. Please don't interpret that as a personal criticism - it's not. It's a complex situation and the US media is among the worst in the world for its one-sided reporting of situation in Occupied Palestine.
Gaza is surrounded by Israel which has imposed a blockade on it. Israel controls the borders, the air and sea access, entry and exits, water, power etc. This amounts to "occupation" status under international law. So people in Gaza do have a legal right to self defence (provided they target legitimate targets) under international law.
You can remedy the one sided nature of the information you are receiving on the situation by tracking these websites for a few weeks. It shouldn't take more than 5-10 minutes per day. They list every act of violence carried out as part of the Occupation of Palestine, from crop destruction, blowing up water wells up to murder and killings. It might be best to do after the current slaughter dies down and things in the ME are 'quiet' to get a more balanced picture.
www.mondoweiss.org
http://www.informationclearinghouse.info/
Another very informative site is that of the Israeli Human Rights Organisation, B'Tselem, which tracks human rights and legal violation by the IDF and other Israeli Govt. agencies: www.btselem.org
This video, made by the peace activist son of an Israeli General and war hero is eye-opening: http://www.thepeoplesvoice.org/TPV3/Voices.php/2014/07/20/a-zionist-general-s-son-shatters-the-myt
Happy researching!

Mondoweiss.org was unavailable to me.
Informationclearinghouse and thepeoplesvoice are both ridiculously biased.
The btselem.org link looks quite impressive in it's depth and breadth. Thanks for that link. There are many hours ahead for me on that site.

I just found it, it's http://mondoweiss.net/
".net" instead of ".org"


Thanks, Zonie.

It looks to be decidedly anti-Israel, but I'll still check it out when I get more time.


_____________________________

What I support:

  • A Conservative interpretation of the US Constitution
  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

(in reply to Zonie63)
Profile   Post #: 176
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 3:50:37 PM   
Politesub53


Posts: 14862
Joined: 5/7/2007
Status: offline

quote:

ORIGINAL: NorthernGent

Israelis dont really deny that theyre not messing around with this situation. The younger Israelis are unable to grasp what happened to their fathers, that is how their fathers could have allowed the Germans to enslave them. Their view is that it wont happen to them and if that means that they have to strike first or reply in kind and then some then so be it. Ive been over there and as with any country there are liberal and conservative elements.



Agreed, but to me the reasons for the actions dont excuse the action, not in a civillised world. Shelling hospitals and civillians areas is barbaric, no matter which side use it.

Nice to see you back though, are you still a reds fan or have you switched to the new team in town ?

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Profile   Post #: 177
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 4:00:07 PM   
freedomdwarf1


Posts: 6845
Joined: 10/23/2012
Status: offline

quote:

ORIGINAL: DomKen

quote:

ORIGINAL: freedomdwarf1


quote:

ORIGINAL: DomKen
....If the PA is a sovereign state then its military must wear uniforms that identify it as such, directly from the 3rd GC, failing to do so strips them of all protections...

See here:
http://en.wikipedia.org/wiki/Summary_execution#Exceptions_to_prisoners_of_war_status

Actually, it says no such thing.
What it does say is... "According to Article 4 of the Third Geneva Convention of 1949, irregular forces are entitled to prisoner of war status provided that they are commanded by a person responsible for his subordinates, have a fixed distinctive sign recognizable at a distance, carry arms openly..." - so a uniform is NOT necessary as long as there is a distinctive sign.
It does mention that it needs to be recognizable "at a distance" - but how far is that to qualify?? 10 yards? half a mile? Viewable from Hubble?
I would classify the Hamas rebels as an irregular force under the 3rd GC.

What sign do they wear? In the field where are their leaders? When did they start carrying arms openly?

Hamas fails every one of the tests.

No it doesn't fail the tests.

It can be construed that their distinctive headgear is their insignia.
However, as reported in LA Times, most of the Hamas troops wear black uniforms... "The gunmen escorting the loader wore black uniforms typical of Hamas' Izzidin al-Qassam Brigade, a group that fires missiles at Israel".
Source: http://articles.latimes.com/2008/jan/26/world/fg-gaza26/2

Their leaders do not have to be "in the field" with them - they just need a person responsible for their actions as a leader (Khaled Meshaal).

And if you watched some unbiased news, pretty much most of the Hamas rebels openly walk in the streets of Gaza carrying arms.


_____________________________

If liberty means anything at all, it means the right to tell people what they do not want to hear.
George Orwell, 1903-1950


(in reply to DomKen)
Profile   Post #: 178
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 4:32:16 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline

quote:

ORIGINAL: freedomdwarf1


quote:

ORIGINAL: DomKen

quote:

ORIGINAL: freedomdwarf1


quote:

ORIGINAL: DomKen
....If the PA is a sovereign state then its military must wear uniforms that identify it as such, directly from the 3rd GC, failing to do so strips them of all protections...

See here:
http://en.wikipedia.org/wiki/Summary_execution#Exceptions_to_prisoners_of_war_status

Actually, it says no such thing.
What it does say is... "According to Article 4 of the Third Geneva Convention of 1949, irregular forces are entitled to prisoner of war status provided that they are commanded by a person responsible for his subordinates, have a fixed distinctive sign recognizable at a distance, carry arms openly..." - so a uniform is NOT necessary as long as there is a distinctive sign.
It does mention that it needs to be recognizable "at a distance" - but how far is that to qualify?? 10 yards? half a mile? Viewable from Hubble?
I would classify the Hamas rebels as an irregular force under the 3rd GC.

What sign do they wear? In the field where are their leaders? When did they start carrying arms openly?

Hamas fails every one of the tests.

No it doesn't fail the tests.

It can be construed that their distinctive headgear is their insignia.
However, as reported in LA Times, most of the Hamas troops wear black uniforms... "The gunmen escorting the loader wore black uniforms typical of Hamas' Izzidin al-Qassam Brigade, a group that fires missiles at Israel".
Source: http://articles.latimes.com/2008/jan/26/world/fg-gaza26/2

Their leaders do not have to be "in the field" with them - they just need a person responsible for their actions as a leader (Khaled Meshaal).

And if you watched some unbiased news, pretty much most of the Hamas rebels openly walk in the streets of Gaza carrying arms.


So everyone with an Arab headdress can be considered a combatant.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to freedomdwarf1)
Profile   Post #: 179
RE: The current middle eastern crisis is Israels fault... - 7/23/2014 4:37:54 PM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline
quote:

ORIGINAL: freedomdwarf1


quote:

ORIGINAL: DomKen

quote:

ORIGINAL: freedomdwarf1


quote:

ORIGINAL: DomKen
....If the PA is a sovereign state then its military must wear uniforms that identify it as such, directly from the 3rd GC, failing to do so strips them of all protections...

See here:
http://en.wikipedia.org/wiki/Summary_execution#Exceptions_to_prisoners_of_war_status

Actually, it says no such thing.
What it does say is... "According to Article 4 of the Third Geneva Convention of 1949, irregular forces are entitled to prisoner of war status provided that they are commanded by a person responsible for his subordinates, have a fixed distinctive sign recognizable at a distance, carry arms openly..." - so a uniform is NOT necessary as long as there is a distinctive sign.
It does mention that it needs to be recognizable "at a distance" - but how far is that to qualify?? 10 yards? half a mile? Viewable from Hubble?
I would classify the Hamas rebels as an irregular force under the 3rd GC.

What sign do they wear? In the field where are their leaders? When did they start carrying arms openly?

Hamas fails every one of the tests.

No it doesn't fail the tests.

It can be construed that their distinctive headgear is their insignia.
However, as reported in LA Times, most of the Hamas troops wear black uniforms... "The gunmen escorting the loader wore black uniforms typical of Hamas' Izzidin al-Qassam Brigade, a group that fires missiles at Israel".
Source: http://articles.latimes.com/2008/jan/26/world/fg-gaza26/2

Their leaders do not have to be "in the field" with them - they just need a person responsible for their actions as a leader (Khaled Meshaal).

And if you watched some unbiased news, pretty much most of the Hamas rebels openly walk in the streets of Gaza carrying arms.


Hamas famously does not wear uniforms when they attack Israel. You will not find any claims otherwise.

Yes, they must have a command structure in the field. That is what that section means. It means the unit on the battlefield must have a command structure so that there is a leader to deal with.

And no Hamas does not openly carry their arms. If they did it would not be so difficult for Israel to end them. Hamas famously attacks from under civilian attire and from inside civilian structures.

If you are arguing that Gaza is a sovereign state then Hamas as the government must separate its military from the civilian population. Launching any attack on another state from inside a civilian area is a war crime. Functionally everything Hamas does militarily is illegal, it is forbidden to store and build weapons in civilian areas. It is forbidden to launch attacks from civilian areas. It is forbidden for a military force to shelter in a civilian populace.

(in reply to freedomdwarf1)
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