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In reply to the discussion: UN Officials DEBUNK Israeli Lies - No Weapons Found In UN Facilities [View all]BlueMTexpat
(15,699 posts)88. There are quite a few international legal scholars who take issue
with just that point.
In its Advisory Opinion in the Nuclear Weapons case, the ICJ stated that the principle of distinction, which requires belligerent States to distinguish between civilian and combatants, is one of the cardinal principles of international humanitarian law and one of the intransgressible principles of international customary law.
The principle of distinction is codified in Articles 48, 51(2) and 52(2) of the Additional Protocol I of 1977 to the 1949 Geneva Conventions, to which no reservations have been made. According to Additional Protocol I, attacks refer to acts of violence against the adversary, whether in offence or in defence (Article 49). Under both customary international law and treaty law, the prohibition on directing attacks against the civilian population or civilian objects is absolute. There is no discretion available to invoke military necessity as a justification.
Contrary to Israels claims, mistakes resulting in civilian casualties cannot be justified: in case of doubt as to the nature of the target, the law clearly establishes that an object which is normally dedicated to civilian purposes (such as schools, houses, places of worship and medical facilities), are presumed as not being used for military purposes. During these past weeks, UN officials and representatives have repeatedly called on Israel to strictly abide by the principle of precaution in carrying out attacks in the Gaza Strip, where risks are greatly aggravated by the very high population density, and maximum restraint must be exercised to avoid civilian casualties. HRW has noted that these rules exist to minimize mistakes when such mistakes are repeated, it raises the concern of whether the rules are being disregarded.
The principle of distinction is codified in Articles 48, 51(2) and 52(2) of the Additional Protocol I of 1977 to the 1949 Geneva Conventions, to which no reservations have been made. According to Additional Protocol I, attacks refer to acts of violence against the adversary, whether in offence or in defence (Article 49). Under both customary international law and treaty law, the prohibition on directing attacks against the civilian population or civilian objects is absolute. There is no discretion available to invoke military necessity as a justification.
Contrary to Israels claims, mistakes resulting in civilian casualties cannot be justified: in case of doubt as to the nature of the target, the law clearly establishes that an object which is normally dedicated to civilian purposes (such as schools, houses, places of worship and medical facilities), are presumed as not being used for military purposes. During these past weeks, UN officials and representatives have repeatedly called on Israel to strictly abide by the principle of precaution in carrying out attacks in the Gaza Strip, where risks are greatly aggravated by the very high population density, and maximum restraint must be exercised to avoid civilian casualties. HRW has noted that these rules exist to minimize mistakes when such mistakes are repeated, it raises the concern of whether the rules are being disregarded.
http://richardfalk.wordpress.com/2014/07/28/joint-declaration-by-international-law-experts-on-israels-gaza-offensive/
It is a bit strong to state that I am "in error" when I am in comparatively good company.
And while, yes, there are likely a great many people on both sides who are at fault here, there is also a huge difference between the actions of a comparatively small group of radical zealots, however reprehensible, and a State, with its full might, power and authority, in addition to its literally overwhelming financial and military superiority, that has been treating a dispossessed and disenfranchised population concentrated in a tiny geographical area like ghetto inhabitants for years.
If you really cannot see that, you truly disappoint me, Sir. I am heartily sorry for that.
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I noticed that too...some liberals are in lockstep with Fox News...enough said.
Fred Sanders
Aug 2014
#7
Post count is highly overrated. Now when it comes to being on ignore you have truly
DocwillCuNow
Aug 2014
#77
Yes I know, I'm shaking in my keyboard right now. I have no opinion on what is going on in the ME
DocwillCuNow
Aug 2014
#80
We should stone them all and by that I mean let them light up the peace pipe. n/t
DocwillCuNow
Aug 2014
#82
If that's what helps you sleep at night, then you have my permission to believe that.
IronGate
Aug 2014
#13
Says the guy who loudly proclaims that whatever Israel does, he "supports it to the hilt"?
Scootaloo
Aug 2014
#8
At this point, I don't believe a fucking word spoken by any Israeli representative...
Spazito
Aug 2014
#11
not unlike the time that UN inspector claimed there weren't any WMDs in Iraq
magical thyme
Aug 2014
#14
So the 'UN" was lying the first 3 times they said they found rockets in their schools?
IronGate
Aug 2014
#23
Isn't it a violation to bomb a desigated facility known to shelter war refugees ?
lumpy
Aug 2014
#69
just like when they claimed that there were no weapons of mass destruction in Iraq
peoli
Aug 2014
#22
The UN is the most trustworthy source, on the ground for years, they will surely be either
Fred Sanders
Aug 2014
#3
Talk of the missing soldier has been dropped from the propaganda wire like a hot potato.
Fred Sanders
Aug 2014
#15