Saturday, November 17, 2012

Is the Israeli claim of self defence in Gaza Strip valid? #PIL #PublicInternationalLaw

(SACNS)


Gaza and International Law!

a) HAMAS is not a state, nor does Israel recognise Palestine as a state, although about 120 nations do.
b) Self Defence (Caroline), affirmed as still existing by the UN SCRs on 9/11; refers to defence against an actual state. HAMAS is not a state but an armed group, either part of Palestine, or an occupied territory, in the later case: laws governing occupation are required to be enforced, including protection of civilians.
c) Armed Activities in the Congo set out that it was illegal to enter another country to stop a perceivable threat posed by an armed group (not state) in another territory. Security Council Approval is required to launch an attack on an armed group in another territory.

Israeli claims of Self Defence (Caroline Case), are therefore false.

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