Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Little Tich

(6,171 posts)
5. Gaza is under Israeli occupation - the wellbeing of the people there is Israel's responsibility as
Thu Aug 25, 2016, 10:01 PM
Aug 2016

an Occupying Power.

Israel/Occupied Palestinian Territories
Source: Amnesty International, Jul 8, 2016 (?)
Human Rights Concerns

Amnesty International's concerns are based on international standards and applied equally within the proper legal framework. The legal framework is defined by who retains jurisdiction, or effective control, over an area and the circumstances or situation at the time of the human rights violation. Amnesty's concerns within Israel-proper, the area inside the 1949 (W. Bank/E. Jerusalem) and 1951 (Gaza Strip) armistice lines (also called the '1967 borders') include but are not limited to, ill-treatment and torture of detainees, excessive use of force, the detention of conscientious objectors, and forced evictions and home demolitions within 'unrecognized' Bedouin villages.
The Israeli occupation of Palestinian territory (the West Bank including East Jerusalem and the Gaza Strip) is in its fifth decade and the undercurrent of violence and inherent abuses of fundamental human rights and disregard for international law inherent in any long-standing military occupation is presented by both sides. Both Israeli and Palestinian civilians continue to bear the brunt of the violence in the region.

Read more: http://www.amnestyusa.org/our-work/countries/middle-east-and-north-africa/israel-and-occupied-palestinian-territories



The Gaza Strip - Israel's obligations under international law
Source: B'Tselem, 1 Jan 2016
Despite Israel 's extensive control over the Gaza Strip, in its decision on the disengagement plan, the government stated that implementation of the plan would "invalidate the claims against Israel regarding its responsibility for the Palestinians in the Gaza Strip." In response to several petitions filed in the High Court of Justice following implementation of the disengagement plan, the State Attorney's Office has argued that, with the termination of the military government in the Gaza Strip, Israel has no obligation whatsoever under international law toward residents of Gaza, who should now direct all their claims and requests to the Palestinian Authority. Implicit in this claim is that Israel 's control over the lives of Palestinians living in the Gaza Strip, described above, exists in a normative vacuum in which Israel is not responsible for its acts and their consequences. As we shall see below, the argument is baseless, both under international humanitarian law and under international human rights law.

One source of the obligations imposed on Israel toward residents of the Gaza Strip is the laws of occupation, which are incorporated in the Hague Convention (1907) and in the Fourth Geneva Convention (1949). These laws impose general responsibility on the occupying state for the safety and welfare of civilians living in the occupied territory. The laws of occupation apply if a state has "effective control" over the territory in question. The High Court has held contrary to Israel 's claim, stating that the creation and continuation of an occupation does not depend on the existence of an institution administering the lives of the local population, but only on the extent of its military control in the area. Furthermore, a certain area may be deemed occupied even if the army does not have a fixed presence throughout the whole area. Leading experts in humanitarian law maintain that effective control may also exist when the army controls key points in a particular area, reflecting its power over the entire area and preventing an alternative central government from formulating and carrying out its powers. The broad scope of Israeli control in the Gaza Strip, which exists despite the lack of a physical presence of IDF soldiers in the territory, creates a reasonable basis for the assumption that this control amounts to "effective control," such that the laws of occupation continue to apply.

Read more: http://www.btselem.org/gaza_strip/israels_obligations

Levy's math is spot on...
From Gideon Levy, author of: "Israel is an Evil State" oberliner Aug 2016 #1
This message was self-deleted by its author 6chars Aug 2016 #2
Gaza is under Israeli occupation - the wellbeing of the people there is Israel's responsibility as Little Tich Aug 2016 #5
Israel withdrew from every square inch of the Gaza strip in 2005. oberliner Aug 2016 #8
Israel is still the Occupying Power according to the Geneva Convention, sorry... n/t Little Tich Aug 2016 #14
They're not occupying Gaza according to any definition of a military occupation. n/t shira Aug 2016 #21
The UN, international law and the international community considers Gaza to be under Israeli occupat Little Tich Aug 2016 #26
Purely political. Has nothing to do with actual International law, definitions... shira Aug 2016 #28
Before 2005, there were settlements in Gaza as well as a significant Israeli military presence. oberliner Aug 2016 #22
I'm not sure there's any difference whatsoever, at least legally. Little Tich Aug 2016 #25
Does it? Shaktimaan Sep 2016 #40
Israel has full control of all border crossings, Little Tich Sep 2016 #45
What about the crossings controlled by Egypt? Nt hack89 Sep 2016 #46
I don't think that's right. Shaktimaan Sep 2016 #47
You seem to be unaware of the existence of the "Agreement on Movement and Access" from 2005 between Little Tich Sep 2016 #50
No, I'm aware of it. Shaktimaan Sep 2016 #52
It effectively controls everything about Gaza. Fantastic Anarchist Aug 2016 #34
Really? Israel controls Hamas' government, schools, media, police, military? shira Aug 2016 #35
This message was self-deleted by its author 6chars Aug 2016 #37
Perhaps Israel is an evil state - at least when it comes to the treatment of Palestinians? Little Tich Aug 2016 #6
Is that your opinion? oberliner Aug 2016 #7
The purpose of Israel's treatment of Palestininans is to benefit Jewish Israelis at the expense of Little Tich Aug 2016 #9
Israel's occupation has nothing to do with security, terror? shira Aug 2016 #10
There's no way out of the occupation. Little Tich Aug 2016 #13
Wait - are you saying it's impossible for Israel to end the occupation? shira Aug 2016 #15
It doesn't seem as if Israel wants two states - Little Tich Aug 2016 #16
You don't seem to want the occupation to end. It CANNOT end in your opinion.... shira Aug 2016 #17
Because the goal of BDS is two states, or at least better conditions for the Palestinians under Little Tich Aug 2016 #18
Show me where BDS' goal is 2 states. It's certainly not a Jewish one next to a Palestinian state... shira Aug 2016 #19
It's my firm belief that a viable Palestinian is impossible without the complete removal of all the Little Tich Aug 2016 #24
Your belief is more rigid/extreme than the PA. You don't want 2 states.... shira Aug 2016 #27
We seem to agree on one thing though - the settlements won't be removed... Little Tich Aug 2016 #29
Why do you support BDS when it says it's against an occupation you believe.... shira Aug 2016 #30
I disagree with your assertion that BDS has a goal that's connected to either the one or two state Little Tich Aug 2016 #32
So why did you state in #18 that the BDS goal is 2 states when that's false? shira Aug 2016 #33
The goal of BDS is primarily to promote Palestinian rights by opposing Apartheid and the occupation. Little Tich Aug 2016 #36
Omar Barghouti says the 3 tier plan means 1 Palestinian state next to another Palestinian state.... shira Aug 2016 #38
That's just BS, considering BDS support of Right-of-Return, which is 100% antisemitism. shira Sep 2016 #39
Thanks for sharing your response oberliner Aug 2016 #11
I've actually been to Israel a few times - it's a nice country... Little Tich Aug 2016 #12
My position is that there is no such thing as an "evil" country oberliner Aug 2016 #20
I think you're splitting hairs - a state deliberately causing harm to people is evil regardless Little Tich Aug 2016 #23
So what happens after this "evil" ends & BDS succeeds? shira Aug 2016 #31
LOL .... Israeli Sep 2016 #42
That's not true at all though. Shaktimaan Sep 2016 #41
I don't know of a single instance where Palestinians have been treated equally to Israelis Little Tich Sep 2016 #44
Really? Shaktimaan Sep 2016 #48
I was referring to the Palestinians under occupation in the West Bank, East Jerusalem and Gaza. Little Tich Sep 2016 #49
Ooohhhh, ok. Shaktimaan Sep 2016 #51
So you can't find a single example where the Palestinians in the occupied territories haven't been Little Tich Sep 2016 #53
Sure, there are plenty of singular examples... Shaktimaan Sep 2016 #54
You seem to unaware of the harsh economic conditions for the Palestinian population in the West Bank Little Tich Sep 2016 #55
No, I'm aware. Shaktimaan Sep 2016 #56
I'm not going to quibble with you on different interpretations of details. Little Tich Sep 2016 #57
May be wrong to include Gaza but.... kayecy Sep 2016 #58
No, I don't. Shaktimaan Sep 2016 #59
Levy's an asshole leftynyc Aug 2016 #3
+1 King_David Aug 2016 #4
Hey ... Israeli Sep 2016 #43
Latest Discussions»Issue Forums»Israel/Palestine»Stop With the Nonsense Th...»Reply #5