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Palestine Open Thread 2024-260
What is left to say about this?
UNRWA is, since 1949, mandated by the United Nations. Banning it is a breach of customary international law.
There is no evidence that any of the strikes in Gaza and Lebanon hit any militant. From what is known all killed and wounded were civilians.
What is left to say about this? How am I supposed to express my outrage?
News & views related to the war in Palestine …
shame on foreign minister Baerbock, and shame on Germany
“….The idea that civilians can lose their protected status due to the presence of combatants contravenes core principles of international humanitarian law, including the Geneva Conventions, Hague Regulations, the Rome Statute, and numerous UN resolutions. Upholding civilian protections is essential for preserving international law, safeguarding fundamental human rights, and ensuring stability in conflict zones. Undermining these laws opens the door to indiscriminate violence and weakens the global structures designed to protect civilians…..”
https://ejmagnier.com/2024/10/29/annalena-baerbocks-gaza-comments-fuel-accusations-of-german-complicity-in-genocide/
Annalena Baerbock’s Gaza Comments Fuel Accusation of German Complicity in Genocide
By Elijah J. Magnier
A petition led by the Palestine Academic Group (Pal-Ac) calls on Germany to end its complicity in the Gaza genocide and revoke Foreign Minister Annalena Baerbock’s recent statement that disregards and encourages Israel’s violations of international laws in Gaza. Baerbock’s claim that civilians lose their protected status when “Hamas terrorists hide behind people” is viewed as an endorsement of civilian targeting and a dangerous precedent in the context of Gaza, where over two million Palestinians, including civilians, lack safe escape routes due to Israeli-imposed restrictions.
The article highlighted fundamental international legal principles, like proportionality and distinction, that Israel, as an occupying force, is bound to uphold under IHL. It argues that Baerbock’s stance conflicts with these principles and Germany’s commitment to historical lessons against genocide to prevent atrocities and protect civilian life.
The petition has garnered international support from academics and professionals, with over 300 signatories from Germany, the USA, the UK, the EU, the Middle East, Latin America, Japan, Australia, South Africa, Canada and many other countries, underscoring a global concern about Germany’s stance. These signatories denounce Germany’s support for Israeli actions in Gaza, labelling them as genocidal and urging the government to retract Baerbock’s statement….
….Accepting that civilians lose protected status if near combatants could set a dangerous precedent with broad and troubling implications. Such a shift would not only affect civilians directly but also increase risks for European and Western troops, including German forces, deployed internationally. Here’s an exploration of these risks:
….The assertion that civilians lose their non-combatant status if military forces operate nearby poses significant violations of international humanitarian law (IHL). International conventions, protocols, and judicial bodies have established a robust framework designed to protect civilians during armed conflicts, irrespective of the presence of combatants. This framework includes the Geneva Conventions and their Additional Protocols, the Hague Conventions, the Rome Statute of the International Criminal Court (ICC), and various United Nations declarations. Baerbock undermined the specific laws that protect civilian status in conflict zones, the principles they uphold, and the consequences of undermining these protections….
The Fourth Geneva Convention (1949)….
The Hague Regulations (1907)…..
Rome Statute of the International Criminal Court (1998)….
Principle of Distinction and the Protection of Civilian Status….
….The concept of collective punishment, prohibited under Article 33 of the Fourth Geneva Convention, reinforces the civilian protections in place during armed conflicts. Collective punishment refers to punishing a group of civilians for the actions of individuals or combatants within that group…
UN General Assembly Resolutions and International Humanitarian Law.
The UN General Assembly has issued numerous resolutions underscoring civilian protection. Resolution 2444 (1968) reaffirms the requirement that warring parties distinguish between civilians and combatants, emphasising the need for restraint. Resolution 2675 (1970) further affirms that “civilian populations, or individual members thereof, should not be the object of reprisals, forcible transfers, or other acts of violence.”
Such resolutions underline the international community’s view that civilian status is non-negotiable, reflecting the normative stance that civilians cannot forfeit their immunity under IHL….
Posted by: michaelj72 | Oct 29 2024 20:21 utc | 154
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