Locknar
Sum of all evils tm
This is a continuation of the General Israel/Palestine discussion thread.
Posted By: Locknar
Fatah holds power because they have disenfranchised Hamas. In the 2010 elections, the Fatah-led government -- which claims to represent all of the West Bank and Gaza -- refused to hold any elections in Gaza, so Hamas refused to participate in the elections, because they would be underrepresented in any government.
So we cannot use the results of Fatah's elections as any sense of how popular Fatah is. Fatah is rigging the results in their favor.-cite
So people complained that they didn't have the choice to vote for the religious nutjob genocidal terrorist organization?I didn't see anything that supports that claim. Hamas boycotted the election, people complained about a lack of choice.
The article states Hamas boycotted the election because Fatah would not include election results in Gaza which is where Hamas support is strongest. That is rigging the election.
Is it me or is this site becoming unbearably slow?
Odd, isn't it, that peace-loving peaceful Palestinians prefer a genocidal terrorist group as their government.Latest opinion Poll from the West Bank: Hamas would win if elections held today. Not that that's going to happen because elections have been suspended indefinitely. The wonders of Palestinian democracy.
Because Hamas were not wiped out as a result of Pillar of Defense, that is taken as a great victory. Pure self-delusion and fantasy but that's the way things work there.
Clearly these are reasonable people that Israel can work with?Here are some peace loving Hamas members from a recently aired Israeli program about Hamas in the West bank.
Human Rights Watch also specifically scrutinized the justifications for attacking journalists made in multiple media outlets by Israeli army spokesperson Avital Leibovich:
During the November fighting, an IDF spokeswoman, Lt. Col. Avital Leibovich, told the media that the IDF [Israeli military] targeted “people who have relevance to terror activity.” She further sought to justify attacks on media by writing that Hamas’s al-Aqsa TV and a radio station called al-Quds Educational Radio, which has ties with Islamic Jihad, are “intricately linked with Islamic Jihad and Hamas and have encouraged and lauded acts of terror against Israeli civilians for the past decade.” She continued: “Such terrorists, who hold cameras and notebooks in their hands, are no different from their colleagues who fire rockets aimed at Israeli cities and cannot enjoy the rights and protection afforded to legitimate journalists.”
Regev, the Israeli government spokesman, said that those working for Hamas media cannot be considered journalists: “They are an integral part of the Hamas structure and no one can deny that fact.” He added: “All those involved in targeting Israeli civilians directly or indirectly should not feel that they have impunity.”
“Israeli officials have dangerously and unlawfully blurred the distinction between civilians who call for or support military attacks and those who directly participate in attacks,” [Human Rights Watch’s Middle East director Sarah Leah] Whitson said. “This claimed justification for attacking civilians opens the door to war crimes.”
It's at least a small step upwards from his brilliant "**** Israel!!" argument.
That's not true in this case. The two men -- Mahmoud al-Kumi, and Hussam Salama -- worked for Al Aqsa tv, Hamas' hateful Jew-hating television station. However, that does not mean that all Al-Aqsa employees are legitimate military targets.The only people in that conflict blurring the lines between civilians and combatants is Hamas.
(1) Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.
(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions:
(a) that of being commanded by a person responsible for his subordinates;
(b) that of having a fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
* * *
(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
* * *
Article 43 -- Armed forces
1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates, even if that Party is represented by a government or an authority not recognized by an adverse Party. Such armed forces shall be subject to an internal disciplinary system which, ' inter alia ', shall enforce compliance with the rules of international law applicable in armed conflict.
2. Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have the right to participate directly in hostilities.
3. Whenever a Party to a conflict incorporates a paramilitary or armed law enforcement agency into its armed forces it shall so notify the other Parties to the conflict.
But as you already know it's not a civilian structure if it's also being used for military purposes.That's not true in this case. The two men -- Mahmoud al-Kumi, and Hussam Salama -- worked for Al Aqsa tv, Hamas' hateful Jew-hating television station. However, that does not mean that all Al-Aqsa employees are legitimate military targets.
" Journalists per se are not a legitimate target, but if they are wounded while visiting or working in a legitimate target, it is considered collateral damage. *** Legitimate communications targets include broadcasting and television stations, and telephone and telegraph exchanges of fundamental military importance."
-Cite
So that would seem to mean that the last three attacks mentioned by HRW would not be war crimes as they targeted broadcasting and television stations.
Are they involved in communicating military orders or other information to active fighters from Hamas commanders?But that still leaves Mahmoud al-Kumi and Hussam Salama, who were in a car and not even broadcasting at the time, much less visiting a legitimate communications target. Article 79 of the Geneva Convention (enacted in 1977) makes this very clear. The only question is whether "they take... action adversely affecting their status as civilians", which would vitiate this protection. Israel claims their broadcasting of propaganda on behalf of Hamas adversely affects their status as civilians. But I don't think that makes sense.
That is not the definition of a combatant! That is the definition of combatants who are eligible for POW status if captured.A civilian is defined as any person who does not belong to the categories of persons referred to in Article 4 A (1), (2), (3) and (6) of the Third Convention and in Article 43 of this Protocol. Those people are:
It does not appear that Mahmoud al-Kumi and Hussam Salama were members of any militia or armed force. They were employees of Hamas' television station. They are no more a legitimate military target than journalists working for Stars and Stripes (the American military's own news reporting service).
An Israeli anti-terrorism think tank has issued an update in its ongoing project chronicling Hamas fighters who were publicly classified as civilians killed in Israel's recent Operation Pillar of Defense. The report, from the Intelligence and Terrorism Information Center, outlines how the Iran-backed terror group lists its fighters as civilian members of Hamas's internal security services. That classification, which implicitly and falsely denies their roles in Hamas's combat operations, is then echoed in human rights criticism of Israeli self-defense operations.
Wildcat, I'm not sure if you're just agreeing with me in a disagreeable tone, or you think you're countering something I wrote which you quoted. I already said that communications center were legitimate military targets.But as you already know it's not a civilian structure if it's also being used for military purposes.
Well, that's the question, isn't it? Israel, however, did not say they were. Rather they only stated that they were involved in disseminating propaganda, not military orders. So as it stands, it doesn't look like they were.Are they involved in communicating military orders or other information to active fighters from Hamas commanders?
I wasn't defining "combatant". I was defining "civilian". And Protocol I of the Geneva Conventions, which defines "civilian" for purpose of determining wh is entitled to the protection of civilian status incorporates as "civilian" anybody who doesn't fit in the definition of combatant for POW purposes.That is not the definition of a combatant
That report does not state that al-Kumi and Salama were secret operatives. I'm pretty sure they weren't. However, I have found new reports that convinces me that al-Kumi and Salama were not targeted for being journalists. Rather, they were harboring Muhammed Shamalah, the military commander for Hamas' southern forces.
So then the probem with bombing Hamas communications centers is...?Wildcat, I'm not sure if you're just agreeing with me in a disagreeable tone, or you think you're countering something I wrote which you quoted. I already said that communications center were legitimate military targets.
Who are their superiors? These weren't independent journalists, they work for Hamas.Well, that's the question, isn't it? Israel, however, did not say they were. Rather they only stated that they were involved in disseminating propaganda, not military orders. So as it stands, it doesn't look like they were.
"1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates"I wasn't defining "combatant". I was defining "civilian". And Protocol I of the Geneva Conventions, which defines "civilian" for purpose of determining wh is entitled to the protection of civilian status incorporates as "civilian" anybody who doesn't fit in the definition of combatant for POW purposes.
I even gave you a link to the treaty provision, Wildcat. The least you could do is read it.
Wildcat, you are not reading what I write. I have no problem with Israel bombing communications centers. I said that from the get-go. Why do you keep responding to me as if I had any problem with it?! I have been consistently saying that it is a legitimate military target. Go back and check my posts. I'll wait.So then the probem with bombing Hamas communications centers is...?
Working for Hamas is insufficient. You can't target the janitorial staff of a military base when they are off-base. Unarmed employees of groups still qualify as civilians. You can target military facilities that they are currently in. but you can't bomb them in their cars, unless there is a legitimate military target in the car with them (as appears to have been the case with al-Kumi and Salama).Who are their superiors? These weren't independent journalists, they work for Hamas.
Wrong question. The question is whether they take orders from armed forces of Hamas. Not every employee of Hamas is a legitimate military target under the Geneva convention. Only those who take orders from the armed forces.Do the Hamas journalists take orders from Hamas?
You can't join Al-Qaeda then claim immunity by carrying around a video camera.
I really don't see how you can seperate the military compnent of Hamas from the other components, there is a huge amount of overlap. And that is done deliberately by Hamas, so frankly they should be held at fault not Israel. Hamas has even been caught using ambulances to ferry troops around, use hospital basements as headquarters, declare dead fighters innocent civilians to the west while hailing them as Hamas martyrs at home, etc etc.Wildcat, you are not reading what I write. I have no problem with Israel bombing communications centers. I said that from the get-go. Why do you keep responding to me as if I had any problem with it?! I have been consistently saying that it is a legitimate military target. Go back and check my posts. I'll wait.
For some reason, you got it in your head that I am criticizing Israel's targetign of communication centers when my position has been entirely consonant with your position.
Can you please, please, please, turn off the auto-attack mode you've put yourself in? You're attacking someone who has been agreeing with you this whole time.
Working for Hamas is insufficient. You can't target the janitorial staff of a military base when they are off-base. Unarmed employees of groups still qualify as civilians. You can target military facilities that they are currently in. but you can't bomb them in their cars, unless there is a legitimate military target in the car with them (as appears to have been the case with al-Kumi and Salama).
Wrong question. The question is whether they take orders from armed forces of Hamas. Not every employee of Hamas is a legitimate military target under the Geneva convention. Only those who take orders from the armed forces.
To be clear: the journalists work for Al-Aqsa, a broadcastign company run by Hamas. Specifically, Al-Aqsa TV is directed by Fathi Hamad as the chairperson of the station's board of directors. Fathi is a hateful antisemite who exhorts violence against Jews worldwide and offered bounties to Palestinians who could abduct IDF soldiers. But Fathi is not a part of the armed forces of Hamas. Al-Aqsa does not take orders from the armed forces. Just as the Stars and Stripes has its own board of directors. Stars and Stripes reporters are not legitimate military targets. Neither are al-Aqsa "journalists". However, in this case, al-Aqsa journalists were not the target -- their passenger Shalamah was. And he was a legitimate military target.
Is there anyway to post in this thread without subscribing to it?
Bit pattern's source is suspect, but Human Rights Watch did question Israeli explanations for some targeting of journalists.
The key here is that Israel claims that propagandists are not entitled to the protection of Geneva. It should be noted that journalists don't gain special protection -- they are as protected as any civilians. The question then is two-fold: (i) were the individuals in question specifically targeted (as opposed to being, say, an embedded journalist or a civilian standing near a legitimate target), and (ii) were the targets legitimate military targets.
There were four attacks listed by the HRW: (i) a car carrying two cameramen, (ii and iii) two antenna towers atop buikldings; and (iv) two floors of a buildign housing media.
As to the first question (whether the individuals were specifically targeted), only the first attack specifically targeted individuals.
As to the second question, Israel claims the cameramen -- Mahmoud al-Kumi, and Hussam Salama -- were "Hamas agents". HRW claims they worked for al-Aqsa TV. However, Israel admits that they were not primary combatants -- they were nto armed and Israel did nto believe them to be armed. Instead, Israel claims they were propagandists, inciting further violence against Israel. Whether a propagandist is a combatant seems to be a bit of a grey area. HRW believes that freedom of speech means they are civilians. Israel believes them to be combatants. I admit I am troubled by the targeting of cameramen on the grounds they were "propagandists". I don't know that Tokyo Rose and Axis Sally are legitimate military targets.
The other three attacks are easier to handle. No individual was specifically targeted. Thus, the question is whether the buildings targeted were legitimate military targets. Israel claims the antennae were used by Hamas for communicating strategic actions. If true, that makes them a legitimate military target. Israel claims the two floors targets were used as a communication and command center. And since a Hamas military operative was killed in that strike, I think Israel's story makes sense.
I find it troubling that HRW's report did not mention that.
So, in the end, as far as I am concerned, the only question is whether Mahmoud al-Kumi and Hussam Salama can be considered combatants. Were they propagandists? Are propagandists legitimate military targets? I think those are questions worth exploring.
Of course bit pattern makes no mention of the fact that while Israel maybe targeted two civilians, HRW also condemned Gaza for launching hundreds of rockets, which resulted in the deaths of three civilians and wounding three others, including an eight-month old. Hamas has not denied that it targets civilians and has not claimed that the civilians were located near valid military targets (as HRW reports they were not). If Palestine now claims to be a member of the international community and a State, it has an obligation to investigate these allegations of war crimes against Aharon Smadja, Mira Scharf, Yitzhak Amsalem, Kfir Rosen and others, as surely as Israel has an obligation to investigate the deaths of Mahmoud al-Kumi and Hussam Salama. (HRW also reports that rockets fired from residential areas in Gaza towards residential areas in Israel sometimes malfunctioned and struck Palestinians, killing two (including a four-year old boy) and wounding five others. These too would be war crimes (firing rockets from residential areas) that Palestine has an obligation to investigate and prosecute.
FIrst of all, it's not me. It's the way the Geneva Conventions work and have worked since the early 1970'sI really don't see how you can seperate the military compnent of Hamas from the other components, there is a huge amount of overlap.
Hamas has not blurred the lines sufficiently for purposes of the Geneva Conventions. If they had, the onus would indeed be on them.And that is done deliberately by Hamas, so frankly they should be held at fault not Israel.
All of which is true, but none of which has anything to do with the specific incident we were discussing.Hamas has even been caught using ambulances to ferry troops around, use hospital basements as headquarters, declare dead fighters innocent civilians to the west while hailing them as Hamas martyrs at home, etc etc.
I think your analysis is spot on, including questioning the legitimacy of targeting Mahmoud al-Kumi, and Hussam Salama. Working as Hamas propagandists may make them disgusting human beings, but it probably doesn't make them valid military targets.
Media advocates should not be considered combatants and shouldn't be targeted.
For the third time, communications facilities can be targeted under the current laws. So can power stations. It is individual civil employees who cannot be targeted even if they work for the organization, unless those employees take direct orders from military personnel.Marksman, I am pretty sure you'll disagree based upon a convention that has most certainly not accounted for 4GW nor Information Warfare as it has been practiced for decades. It doesn't need to be run by military commanders to be an arm of the state and as such a legitimate target. Power stations are also legit targets, see Iraq 1991 and in Serbia 1999, even if NOT run by military commanders. I do not find your argument to meet the times we are in.
Not saying I disagree with you, but for the sake of discussion, why do you posit that they shouldn't be targeted?
Respectfully suggest that the world has changed, information warfare is still an element of warfare, and the tea room theory of war as a board game between only soldiers is beyond archaic.
If a news organ or news team is acting as an advocate for a warring party, I will suggest to you that they are "on side" and as such not eligible for special protections.
Since I don't know what went into how a weapon ended up hitting them, I'll say no more.
Marksman, I am pretty sure you'll disagree based upon a convention that has most certainly not accounted for 4GW nor Information Warfare as it has been practiced for decades. It doesn't need to be run by military commanders to be an arm of the state and as such a legitimate target. Power stations are also legit targets, see Iraq 1991 and in Serbia 1999, even if NOT run by military commanders. I do not find your argument to meet the times we are in.
It's not about advocacy, but material support. Passing messages from commanders to the field, for instance.Part of the world changing includes broadening of the term "media", to include much more than just television, radio and newspapers. It's easy to justify targeting the people who work at the television stations run by Hamas or Hezbollah, but how about bloggers? Could the people who write for "Electronic Intifada" also become military targets? They're clearly acting as an advocate for a warring party.
It's not about advocacy, but material support. Passing messages from commanders to the field, for instance.