Armed conflict.

Key tags: Self-defense, Occupation, War crimes

An international armed conflict occurs when a State uses armed force against another State. A non-international armed conflict (NIAC) occurs when an entity that is less than a State, such as an insurgency group, uses armed force against another entity or a State.

The UN Charter, which binds all member states, prohibits the use of armed force by one State against another (Article 2) except for two situations: self-defense (Article 51), or military action authorized by the Security Council (Articles 24, 25). The Law of Armed Conflict (also called International Humanitarian Law) applies to such situations. It is made up of customary international law and treaty law, such as the Geneva Conventions. It lays down rules for the conduct of military operations and for the protection of the victims of conflict.

Application to Israel

Israel has been militarily engaged by neighbouring states as well as by non-State armed groups ever since its establishment in 1948. Negotiations have led to peace treaties with Jordan and Egypt, yet conflicts with Lebanon, Syria, Palestinian entities, and others continue.

One of the areas of contention in the international law of armed conflict concerns its application in Jerusalem, the areas of Judea and Samaria / West Bank, and in the Golan Heights. For example, Article 49(6) of the Fourth Geneva Convention provides that “the Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” This provision has been cited by UN bodies to criticize the establishment of Israeli communities/settlements there. Israel counters that these are not forced population transfer and that it respects and applies the Convention’s humanitarian provisions. Allegations of Israel’s alleged war crimes have consequently been brought to the International Criminal Court.

Conversely, Hamas launches rockets from civilian areas to deter Israel from retaliating in Gaza. This tactic of use of ‘human shields’ is in itself a breach of the laws of armed conflict. It has also been argued that Israel has no right of self-defense in its NIAC with Palestinian armed groups.

Filters

When military targeting of her mass combatants was misrepresented as genocide

thinc. condemns antisemitic pogrom in Amsterdam (1200 x 800 px)

thinc. condemns antisemitic pogrom in Amsterdam and calls for urgent action to protect Jewish communities in Europe

The US Must Help Israel Defeat Terror Before Addressing the question of Palestinian Statehood

A shocking new UN report gaslights for Hamas

Argentina’s Javier Milei vs. United Nations

UN passes dangerous resolution forcing Jews to withdraw from Judea, Samaria, and East Jerusalem in 12 months

The Arab Group and Org. of Islamic Cooperation submitted a draft resolution to the UN General Assembly, calling for Israel’s withdrawal from the West Bank.

Beware False Moral Equivalence Between Israel and Hamas Militants

thinc. briefing concerning the Advisory Opinion of the International Court of Justice

The international courts in The Hague should not allow themselves to become a weapon to destroy Israel

A Judge From Uganda Sides With Israel

PRESS RELEASE - International Court of Justice: One-sided Advisory Opinion; Israel’s security concerns are not considered in any way.

thinc. organized a European Summit in The Hague, July 2nd, on Israel, Palestine and the International Courts.

Peace Palace - Seat of the ICJ -The Hague, The Netherlands

Press release July 17th: The UNGA Request for ICJ Advisory Opinion on the “prolonged Israeli occupation” of “Palestinian territory”

Médecins Sans Frontières / Doctors without borders has lost its way

Press Release - why the IRGC must be placed on the EU terrorist list

San Remo resolution: 100 year anniversary. The San Remo resolution - pathway for peace

The Politicisation of International Justice -A dissection of the ICC’s warrant application reveals that obvious liberties have been taken with the truth.