Friday, January 27, 2012

  • Friday, January 27, 2012
  • Elder of Ziyon
Recently, UN Watch asked the UN to comment on why it still considers Gaza to be "occupied territory" when even Hamas has said that there is no occupation there. The UN promised to get back with a rationale.

The UN has now answered:

Spokesperson: Under resolutions adopted by both the Security Council and the General Assembly on the Middle East peace process, the Gaza Strip continues to be regarded as part of the Occupied Palestinian Territory. The United Nations will accordingly continue to refer to the Gaza Strip as part of the Occupied Palestinian Territory until such time as either the General Assembly or the Security Council take a different view.

Question: Can I follow up on that? It is the legal definition of occupation and why is Gaza considered occupied?

Spokesperson: Well, as I have just said, there are Security Council and General Assembly resolutions that cover this. For example, there was a Security Council resolution adopted on 8 January 2009 — 1860 — and that stressed that the Gaza Strip constitutes an integral part of the territory occupied in 1967. And as you know, Security Council resolutions do have force in international law.

Furthermore, there is a resolution from the General Assembly from 20 December 2010, and while it noted the Israeli withdrawal from the Gaza Strip and parts of the northern West Bank, it also stressed, in quotes, “the need for respect and preservation of the territorial unity, contiguity and integrity of all of the Occupied Palestinian Territory, including East Jerusalem”. So just to repeat that the United Nations will continue to refer to the Gaza Strip as part of the Occupied Palestinian Territory until either the General Assembly or the Security Council take a different view on the matter.
What the UN seems to be saying is that if part of the territory is occupied, then all of the territory is considered occupied, since there is are UN resolutions that declare the two territories are considered united.

This flies in the face of logic, and international law. The definition of "occupation" from the 1907 Hague Regulations - the only legal definition there is - says:
[T]erritory 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.
The wording shows that "occupation" exists only in areas where there is in fact a physical occupation. Obviously an army that occupies part of another nation cannot apply the laws of occupation on the portions of that nation that are not under physical occupation, and just as obviously the Hague allows occupation of a portion of territory, no matter whether that territory is contiguous or not with other territories not under occupation.

From the perspective of the Geneva Conventions, the laws of occupation are meant to protect the citizens actually under occupation. It is impossible for an "occupying army" to protect citizens when it is not physically there.

Amnesty International expands on this:
The sole criterion for deciding the applicability of the law on belligerent occupation is drawn from facts: the de factoeffective control of territory by foreign armed forces coupled with the possibility to enforce their decisions, and the de factoabsence of a national governmental authority in effective control. If these conditions are met for a given area, the law on belligerent occupation applies. Even though the objective of the military campaign may not be to control territory, the sole presence of such forces in a controlling position renders applicable the law protecting the inhabitants. The occupying power cannot avoid its responsibilities as long as a national government is not in a position to carry out its normal tasks.
For example, the US occupied part of Iraq - but not all of it.To say that all of Iraq was "Occupied Iraqi Territory" would be laughable.

What the UN is really saying here is that the name it has given to the territories is "Occupied Palestinian Territories." That name has nothing to do with the reality of whether they are legally occupied or not. (In fact, I would argue that the name has nothing to do with whether they are legally considered "Palestinian" or not.) It is a title, from which people may think that the territories are under occupation, but it is not a legal declaration that they are occupied.

After all, the ICRC says "A transfer of authority to a local government re-establishing the full and free exercise of sovereignty will normally end the state of occupation." Any way you look at it, Hamas is the government of Gaza, and not subjected to any Israeli restrictions on how it governs. The UN can declare the territories to be a single entity all it wants, but the definition of occupation is at odds with the title "Occupied Palestinian Territories."

Similarly, Area A in the West Bank is not by any definition "occupied;"  because Israel transferred authority over the administration of Area A to the PA, just as it did in Gaza. This is the textbook definition of how to end occupation of a territory.

The UN's answer is a contortion meant to obfuscate reality and international law.

(h/t CHA)



EoZTV Podcast

Podcast URL

Subscribe in podnovaSubscribe with FeedlyAdd to netvibes
addtomyyahoo4Subscribe with SubToMe

search eoz

Loading...

comments

Speaking

follow me

Follow by Email

Contact

Elder: elder -at- elderofziyon dot com
Mrs. Elder: mrs.elder -at- elderofziyon.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 Features fisking flotilla Forest Rain free gaza freedom of press palestinian style future martyr Gary Spedding gaza Gaza Platform George Galloway George Soros gideon levy gilad shalit gisha Goldstone Report Good news Grapel Guardian gunness Haaretz 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 News nftp NGO NIF norpac NYT Occupation offbeat Omar Barghouti Opinion oxfam PA corruption PalArab lies Palestine Papers pallywood pchr PCUSA Peter Beinart Petra MB 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 UNDP unesco unhrc United Arab Emirates Unity unrwa UNRWA hate unrwa reports UNRWA-USA Varda Vic Rosenthal Washington wikileaks work accident X-washing Yemen zahran zionist attack zoo Zvi

Blog Archive