IL - 8 - occupation and more Flashcards
if grave war crimes can a nation invade to help?
NO unless 1 need aproval of the security council. 2 or chapter 7 for self defence 3 if asked by neighbouring country right to protect.
can you invade the country who is selling weapons to the enemy
no this is not an act of war.
during armned conflict, low level officer can sign 2 documents
1 sease fire
2 peace agreement ???????????????
long term armisitice must be signed by general.
what is ADL
what is it not
IE
Armistice Determination Line
this is not a peace treaty, recognition or end of war.
this includes all the laws of war with no shooting.
ie north and south Korea
when can you enter enemy territory? what is it called?
during armed conflict, aka beligerent occupation. it is legitimate to occupy enemy territory
who keeps the land?
depends on peace treaty but if no one agrees, then the borders go back to its previous state.
Such occupation does not grant sovereignty to the occupier
when is Territory is considered “occupied”
if it is under the effective control of the occupying forces and the previous sovereign cannot exercise authority
o Occupier administers the territory
what are Population considered ?
“protected persons”
what can occupier do to law?
o Cannot change laws or legal system, can void laws that violate HR
o Can introduce Security legislation and military courts not Democracy??????
what can the occupier to the the land?
o Can use public property
o Can requisition private property only for military purposes and against compensation
can they tax?
and natural resources?
o Can levy existing taxes usufructus of public property
cannot create new tax.
can use natural resources within reason
what must the occupied do to the people? because they are a protected people.
- must supply fair trial with red cross
- respect property
- Must respect culture religion
- Must not deport population
- Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies”
why are settelments illegal?
9
1 Not Israeli sovereign territory
2 Occupied from Jordan who transferred their rights to PLO in 1988
3 Population are protected persons
4 Article 49 is customary law and unambiguous
5 All States (except for US) are on record as believing they are illegal
6 ICJ stated in Wall case they are illegal
7 IVth Convention deals with protected population not with questions of sovereignty
8 Israel encourages and finances settlement
9 Violation of Article 49 is listed as a grave crime under the ICC Rome Convention not ambiguous
why are they legal?
7 things
1 Article 2 (IVth Convention) refers to “Occupation of the territory of a High Contracting Party”. The West Bank is not Jordanian territory. Palestine is not a High Contracting Party and its borders have not yet been delimited. The West Bank cannot there be considered the territory of a foreign State occupied by Israel. jordan doesnt request w bank.
2 Some of the settlements are on privately owned land owned by Israelis who were forcibly evicted from their homes in the 1948 war.
3 Israel has a legal claim of right (Terms of 1922 League of Nations Mandate) to utilize public land for settlements
4 Settlers move there voluntarily and were not “deported” or “transferred”.
5 All settlements have been situated on uninhabited land. Not a single Arab person has been evicted as a result of Israeli settlements.
6 The US does not categorize the settlements as illegal.
7 The “Oslo” agreement with the PLO listed “settlements” as one of the issues to be negotiated as a “final status” issue.
What is article 49 Geneva convention protocol 4
Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.
