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The International Laws of Belligerent Occupation

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posted on Feb, 8 2009 @ 05:19 PM

International Laws of Belligerent Occupation

by Professor Francis Boyle Professor of International Law, University of Illinois

Belligerent occupation is governed by The Hague Regulations of 1907, as well as by the Fourth Geneva Convention of 1949, and the customary laws of belligerent occupation. Security Council Resolution 1322 (2000), paragraph 3 continued: “Calls upon Israel, the occupying Power, to abide scrupulously by its legal obligations and its responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in a Time of War of 12 August 1949;...” Again, the Security Council vote was 14 to 0, becoming obligatory international law.

One major element that seems to escape some when considering the Palestinian struggle is that the Palestinians are granted the right to defend themselves by any means necessary under international law because they are an occupied people who under military rule.

These conventions, articulated in the article, defines a very old moral code of the rights of self determination not dissimilar to an individual's inherent rights of self defence and freedom.

The US was founded upon the struggles of freedom loving patriots fighting to unshackle themselves from an occupying power that did not represent them. These patriots were farmers, trappers, pioneers, and traders who picked up their rifles to confront a lethally armed military of an occupying power and fought tooth and nails for self determination.

While the enemy wore uniforms and fought along predetermined protocols they were destined to win, the patriots borrowed from their knowledge of the land and ambushed and harried the enemy.


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