Friday, January 25, 2008

  • Friday, January 25, 2008
  • Elder of Ziyon
Yesterday, the ever-reliable UN "Human Rights" Commission did what it literally always does - it condemned Israel and no one else. As Israellycool points out, the resolution used the terminology "occupied Gaza Strip" no less than four times.

Is Gaza legally occupied?

It is hard to find a good definition of "occupied territory" in international law. The best one is perhaps from the Hague Convention of 1907, which the Geneva Conventions seems to rely on:
Art. 42. Territory is considered occupied when it is actually placed under the authority of the hostile army.
The occupation extends only to the territory where such authority has been established and can be exercised.
From the specifics of both the Hague and Geneva Conventions, it is clear that "occupation" means control over the day to day lives of the citizens of the territory. For example:
Art. 55. The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.
Other provisions talk about maintaining public order and the like.

From these many provisions in the Hague and Geneva, as well as in normal use of the word in English, it is clear that "occupation" means physical presence as well as the effective takeover of functioning governmental institutions and tasks, like collecting taxes.

From Israel's perspective, its (legally ambiguous) declaration of Gaza as a "hostile territory" is far more accurate, as is clear from this article by two legal experts at The American Thinker last year:
If Gaza is territory under the control of the enemy -- as it manifestly is under Hamas -- then the Israeli government is both within its rights and arguably obliged by its responsibilities to its citizens to treat the strip as "hostile territory." Siege and blockade of a hostile territory is a legitimate tactic of war, used in declared and undeclared (e.g., Cuban) conflicts and explicitly recognized by the 1949 Geneva Conventions. The Conventions' sole limitation is that there be "free passage of all consignments of food-stuffs, clothing and tonics intended for children under fifteen, expectant mothers, and maternity cases" (Fourth Convention, art. 23) -- and even this exception was conditioned on there being "no reasons for fearing... [t]hat a definite advantage may accrue to the military efforts or economy of the enemy" (for example, if resources destined for humanitarian aid will be commandeered by the enemy). Israel has carefully respected this requirement.

In fact, if anyone is occupying Gaza, it would appear to be Hamas.

Hamas never legally seceded Gaza from the PA and both Hamas and the PA keep declaring that both Gaza and the West Bank are a single legal entity. In fact, Hamas and the PA keep negotiating over where the PA might be able to take over some functions in Gaza, as well as their ultimate rapprochement, thus fulfilling another essential portion of the definition of occupation - that it be temporary.

In addition, Hamas clearly acted against the wishes of the PA and against PA laws in its takeover. Beyond that, Hamas is fully acting like an occupier, taking over the governmental institutions in Gaza like the police and the courts and collecting taxes.

Obviously Hamas has never accepted any international legal conventions. And Hamas is not a country, which complicates the definition further. Even so, as the effective occupier, it clearly violates many of Geneva's laws, including forcibly taking hospital supplies from the civilian population for its own purposes (Geneva IV, Art. 56)

Hamas' status under international law needs to be clarified, and its obligations spelled out. The current situation where a terrorist occupying force (or quasi- government) has no legal obligations is absurd, and it directly leads to travesties like this UNHRC resolution.

EoZTV Podcast

Podcast URL

Subscribe in podnovaSubscribe with FeedlyAdd to netvibes
addtomyyahoo4Subscribe with SubToMe

search eoz

Loading...

Recent posts from other blogs

comments

Speaking

follow me

Follow by Email

Contact

elder -at- elderofziyon dot com

translate

E-Book

For $18 donation








Sample Text

EoZ's Most Popular Posts Ever

Hasbys!

Elder of Ziyon - حـكـيـم صـهـيـون

Elder of Ziyon - حـكـيـم صـهـيـون
This blog may be a labor of love for me, but it takes a lot of effort, time and money. For over 11 years and over 23,000 articles I have been providing accurate, original news that would have remained unnoticed. I've written hundreds of scoops and sometimes my reporting ends up making a real difference. I appreciate any donations you can give to keep this blog going.

Donate!

Monthly subscription:
Payment options

One time donation:

subscribe via email

Follow EoZ on Twitter!

Tweets

Compliments

The Jerusalem Report:"A seemingly indefatigable one-man operation, armed only with a computer, chutzpa and stamina."

Algemeiner: "Fiercely intelligent and erudite"

Omri: "Elder is one of the best established and most respected members of the jblogosphere..."
Atheist Jew:"Elder of Ziyon probably had the greatest impression on me..."
Soccer Dad: "He undertakes the important task of making sure that his readers learn from history."
AbbaGav: "A truly exceptional blog..."
Judeopundit: "[A] venerable blog-pioneer and beloved patriarchal figure...his blog is indispensable."
Oleh Musings: "The most comprehensive Zionist blog I have seen."
Carl in Jerusalem: "...probably the most under-recognized blog in the JBlogsphere as far as I am concerned."
Aussie Dave: "King of the auto-translation."
The Israel Situation:The Elder manages to write so many great, investigative posts that I am often looking to him for important news on the PalArab (his term for Palestinian Arab) side of things."
Tikun Olam: "Either you are carelessly ignorant or a willful liar and distorter of the truth. Either way, it makes you one mean SOB."
Mondoweiss commenter: "For virulent pro-Zionism (and plain straightforward lies of course) there is nothing much to beat it."
Didi Remez: "Leading wingnut"

Interesting Blogs

Categories

Abbas liar Academic fraud administrivia al-Qaeda algeria American Jews Amnesty analysis anti-semitism apartheid arab refugees Arafat archaeology art ASHREI B'tselem bahrain bbc BDS BDSFail Bedouin Beitunia beoz book review breaking the silence Cardozo Chanukah Christians conspiracy theories Cyprus Daphne Anson Davis report DCI-P double standards Egypt Elder gets results ElderToons Electronic Intifada EoZNews eoztv Erekat EU Euro-Mid Observer Fake Civilians 2014 Fatah featured fisking flotilla free gaza freedom of press palestinian style future martyr gaza Gaza Platform George Galloway gideon levy gilad shalit gisha Goldstone Report Good news Grapel Guardian gunness hamas Hamas war crimes hasbara Hasby 2014 Hasby 2016 Hebron helen thomas hezbollah history Hizballah Holocaust denial honor killing HRW Human Rights Humanitarian crisis humor Hypocrisy ICRC Ilan Pappe impossible peace incitement Indonesia international law intransigence iran Iraq Islamic Judeophobia Islamism Israel Loves America Israeli culture Israeli high-tech J Street jabalya jeremy bowen Jerusalem jewish fiction Jewish Voice for Peace jihad jimmy carter John Kerry jokes jonathan cook Jordan Juan Cole Judea-Samaria Kairos Karl Vick ken roth khalid amayreh Khaybar Lebanon leftists Linkdump lumish mahmoud zahar Malaysia max blumenthal McGraw-Hill media bias Methodist Miftah Mohammed Assaf Mondoweiss moonbats Morocco music Muslim Brotherhood Nakba Natural gas Nazi nftp NGO NIF norpac NYT Occupation offbeat Omar Barghouti oxfam PA corruption PalArab lies Palestine Papers pallywood pchr PCUSA Peter Beinart poll Poster Preoccupied Prisoners propaganda Proud to be Zionist purimshpiel Qaradawi Qassam calendar Rafah Ray Hanania real liberals reference Richard Falk rogel alpher roger cohen roger waters Saudi Arabia saudi vice self-death self-death palestinians sex crimes SFSU shechita sheikh tamimi Shujaiyeh SodaStream South Africa Speech stamps Syria Tarabin Temple Mount Terrorism This is Zionism Thomas Friedman Tunisia Turkey UCI UK UN unesco unhrc United Arab Emirates Unity unrwa UNRWA hate unrwa reports UNRWA-USA Vic Rosenthal Washington wikileaks work accident X-washing Yemen zahran zionist attack zoo Zvi

Blog Archive