M°°nblade zei:
Soldaten doden kan op zich nooit een militair doel zijn, nee. Dit is gewoon wat angst/terreur zaaien.
Nee dat doe je in een oorlog: soldaten doden.
Of die nu staan aan te schuiven voor hun eten of niet maakt niet uit.
Kijk israel dood duizenden burgers om enkele honderden hamas strijders te raken waarvan 99% op dat moment niks aan het doen waren tegen israel. Met zo'n logica is het IDF en israel nog een veel grotere terroristische organisatie dan hamas of IS .
En wanneer je dat buiten een gewapend conflict doet of piloten op de grond of andere situaties zoals gehospitaliseerde of gevangen soldaten valt dat volgens mij volgens de regels van Geneve onder terrorisme / war crime.
Er is een gewapend conflict, er is een bezetting, het waren geen gehospitaliseerde of gevangen soldaten. Dat zijn vaststaande feiten.
Ams ik dit lees dan lijkt het me toch duidelijk dat dit gewoon een oorlogsdaad was .
https://www.icrc.org/eng/resources/documents/faq/terrorism-faq-050504.htm
Does IHL specifically mention terrorism?
Yes, IHL specifically mentions and in fact prohibits " measures of terrori sm " and " acts of terrorism " . The Fourth Geneva Convention ( Article 33Article 4 ) states that " Collective penalties and likewise all measures of intimidation or of terrorism are prohibited " , while Additional Protocol II ( ) prohibits " acts of terrorism " against persons not or no longer taking part in hostilities. The main aim is to emphasise that neither individuals, nor the civilian population may be subject to collective punishments, which, among other things, obviously induce a state of terror.
Both Additional Protocols to the Geneva Conventions also prohibit acts aimed at spreading terror among the civilian population. " The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited " (AP I, Article 51Article 13 (2) and AP II, (2)).
These provisions are a key element of IHL rules governing the conduct of hostilities i.e. the way military operations are carried out. They prohibit acts of violence during armed conflict that do not provide a definite military advantage. It is important to bear in mind that even a lawful attack on military targets can spread fear among civilians. However, these provisions outlaw attacks that specifically aim to terrorise civilians, for example campaigns of shelling or sniping of civilians in urban areas.
Do some aspects of the fight against terrorism amount to a "transnational" armed conflict?
As already mentioned IHL is only applicable in armed conflict. A central element of the notion of armed conflict is the existence of " parties " to the conflict. The parties to an international armed conflict are two or more states (or states and national liberation movements), whereas in non-international armed conflict the parties may be either states and armed groups – for example, rebel forces- or just armed groups. In either case, a party to an armed conflict has a military-like formation with a certain level of organization and command structure and, therefore, the ability to respect and ensure respect for IHL.
The rules of IHL apply equally to all parties to an armed conflict. It does not matter whether the party concerned is the aggressor or is acting in self-defence. Also, it does not matter if the party in question is a state or a rebel group. Accordingly, each party to an armed conflict may attack military objectives but is prohibited from direct attacks against civilians.
The equality of rights and obligations under IHL enables all parties to a conflict to know the rules within which they are allowed to operate and to rely on similar conduct by the other side. It is the existence of at least two parties to an armed conflict and the basic equality among them under IHL, as well as the intensity of violence involved and the means used, which distinguishes warfare from law enforcement.
Specific aspects of the fight against terrorism launched after the attacks agai nst the United States on 11 September 2001 amount to an armed conflict as defined under IHL. The war waged by the US-led coalition in Afghanistan that started in October 2001 is an example. The 1949 Geneva Conventions and the rules of customary international law were fully applicable to that international armed conflict, which involved the US-led coalition, on the one side, and Afghanistan, on the other side.
However, much of the ongoing violence taking place in other parts of the world that is usually described as " terrorist " is perpetrated by loosely organized groups (networks), or individuals that, at best, share a common ideology. On the basis of currently available factual evidence it is doubtful whether these groups and networks can be characterised as party to any type of armed conflict, including "transnational".
"...terrorist acts committed outside of armed conflict should be addressed by means of domestic or international law enforcement..."
Even if IHL does not apply to such acts they are still subject to law. Irrespective of the motives of their perpetrators, terrorist acts committed outside of armed conflict should be addressed by means of domestic or international law enforcement, but not by application of the laws of war.
Most of the measures taken by states to prevent or suppress terrorist acts do not amount to armed conflict. Measures such as intelligence gathering, police and judicial cooperation, extradition, criminal sanctions, financial investigations, the freezing of assets or diplomatic and economic pressure on states accused of aiding suspected terrorists are not commonly considered acts of war.
" Terrorism " is a phenomenon. Both practically and legally, war cannot be waged against a phenomenon, but only against an identifiable party to an armed conflict. For thes e reasons, it would be more appropriate to speak of a multifaceted " fight against terrorism " rather than a " war on terrorism " .