↪neomac
Yeah, but the main difference discovered, between you and I, being that you're incapable of basic reading comprehension, but rather need others to tell you what to believe. — Vaskane
provoking a counter attack by Pakistan. — Count Timothy von Icarus
I on the other hand simply pull up the law and throw basic reading comprehension in your face — Vaskane
1 - If the formation of a military block bordering with Russia on its eastern front was perceived by Russia as an intolerable existential security threat , this would hold for NATO as much as for a European military alliance. Even more so, if one remember that the US has NEVER EVER invaded Russia proper. France, Germany and Poland did. — neomac
Russia hasn't invaded a NATO country nor an EU country.
Ukraine is neither in NATO nor the EU. — boethius
Ukraine also (in the before times) owned Crimea which was home to an important Russian military naval base. — boethius
Ukraine is also politically unstable with plenty of armed factions willing to cause trouble and explicitly dedicated to the destruction of Russia. — boethius
Furthermore, and this responds to ssu as well who seems often mystified that Russia views NATO as a threat, NATO is not just an alliance where parties commit to mutual defence, it is also a military hardware system.
Moving weapons closer to someone or something is by definition a threat. — boethius
If I put a gun to your head, you'd view that as threatening even if I was "promising" to not harm you and if fact only putting a gun to your head to defend myself! — boethius
Now, you can argue that Russia shouldn't invade Ukraine even if NATO is indeed a legitimate threat to Russia, but arguing NATO is not a legitimate threat is just dumb. — boethius
It is such an obvious legitimate threat that the Russian invasion of Ukraine was completely predictable if the push / game of footsie to integrate Ukraine into NATO continued. — boethius
Which makes that policy either completely idiotic or then entirely for the purpose of provoking Russia into invading Ukraine. — boethius
the purpose of the policy is not the preservation of Ukrainian sovereignty — boethius
Now that the copium highs are wearing off, such as belief in the great counter offensive and "cutting the land bridge", I really hope cheerleaders for Ukraine fighting, repudiating any compromise whatsoever, rather than negotiating and compromising and really able to take a long honest stare at the dead so far and simply ask themselves if its fair that these people died on false premises and false promises. — boethius
Damn dude you are dumb as a brick it seems. — Vaskane
That's precisely why 51-7 is a war crime. — Vaskane
Moving civilians into contested land, to block military operations is human shielding as stated by two Corpus of Laws, including the Geneva Convention. — Vaskane
Again, you're not even using the law, you're just quoting articles about the law. — Vaskane
Means blocking military operations by moving civilians into an area is considered human shielding, and this is what Israel does. — Vaskane
Tell us, what do you suppose the following means:
"MOVING CIVILIANS INTO AN AREA TO IMPEDE OPERATIONS." — Vaskane
.Why would Schmitt put a target on himself like that?
I don't need his opinion to interpret the law. Schmitt's paper is to show Israel's targeting practice, silly, and the tyranny of context in which it's applied. Two of the Corpus of Laws relevant specifically state "MOVING CIVILIANS INTO AREAS TO IMPEDE MILITARY OPERATIONS," as war-crimes relevant to human shielding — Vaskane
Trying to base your judgement off of if Schmitt said so or not is fallacious to the point of fact of you appeal to authority -- ignoring the wording of the law . Which is exactly what I said I was using to interpret the law, remember? Try not to lose "focus" as you would say . — Vaskane
Bro, and let me put it to you again, I was bitching at you about the law of proportionality, and how obtuse and effed up it is. I wasn't bitching at you about anything else you said. And my complaint was with the Law of Proportionality, not with what you said. But you took what I said as an attack against you, and you tried challenging how Israel uses Human Shielding. My B for not specifying that I wasn't attacking you. But I thought since I was bitching solely about how stupid and effed up ambiguous the laws are that surround the law of proportionality, and not about what you said in particular, I figured the subject in which the bitching was directed at was obviously that of the Law of Proportionality. So effed up and ambiguous that Hamas could technically interpret all of Israel as legal targets. — Vaskane
Obviously you're inability at analysis comes from the rigidness of your mind in the word play of "legitimate military target," which is just a distraction from the actual laws. Your "focus" is more like tunnel vision. — Vaskane
You're like bound to definitions, which is cool, but causing you to think very rigidly. — Vaskane
If I take land from you and put civilians in it to protect the area so if you come in and kill them I can call you a terrorist in the news media so people take my side and call you a terrorist, even though I stole your land and moved my own people onto it, onto disputed land in order to make it harder for you to reclaim. Guess what you're doing? Using humans to make enemy objectives harder to achieve. It's against the law to move civilians into disputed territory. Russia's doing the same thing with Crimea. If you want to capture land in todays warfare -- take it, then move your people onto it. — Vaskane
I suspect that it's less the actual military staffs that are worried about nuclear escalation, and more the politicians that worry about the fears of their voters. — Echarmion
Putin's trump card in this conflict appears to ultimately be the right wing movements that Russia has sponsored in the West for years. — Echarmion
the reason for not giving Ukraine the best weapons there are, has been exactly the worry of escalation to a nuclear war. — ssu
The real question is, how much Europeans have that will to fight in the first place? Because that's where your deterrence starts from. — ssu
↪neomac
I'm using the law as it's stated within the law. That you can't fathom that shows you're incapable of decent analysis. Israel inadvertently makes its population human shields by assuming the law of proportionality protects the area from military operations in which it moves civilians. — Vaskane
Land is a legitimate military target. Or do you feel there's no military advantage to controlling land? It's why Israel breaks IHL 51-7
7. The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.
"SHALL NOT BE USED TO RENDER CERTAIN POINTS OR AREAS IMMUNE FROM MILITARY OPERATIONS."
Again analysis doesn't seem to be your strong point. Not sure wtf you think Area means? Surface area of the human body? No, area means environment. — Vaskane
How many Jews died on October 7th vs Palestinians since? — Vaskane
"Tyranny of Context" by Michael Schmidt does a fair job at detailing Israel's targeting practices. — Vaskane
And within it shows that Israel purposefully ignores 51-7 of IHL. — Vaskane
Interestingly enough apparently the US and Israel aren't actually bound to IHL. — Vaskane
No, the problem is that the law of proportionality allows wonton mass murder under the guise of legitimate military conduct. — Vaskane
If Israel believes that all it has to do to defend land from being attacked is move Israeli occupants into illegally claimed lands, then Israel uses human bodies to protect the land from being taken back. Which, by the way, is breaking International Humanitarian Law. And still using human non-combatants to protect your land from the dangers of war. Thus since Israel believes that land is protected by the humans they funnel into an area to claim it for Greater Israel, Israel technically, uses human shielding, albeit by skirting the law, and breaking it even, by moving Israeli civilians into non Israeli lands. — Vaskane
I mean, can we just take a moment to reflect on these fucking rules to begin with. ”Oh, it's okay for states to negligently kill people but individuals aren't allowed to.” WTF? Well if I assess it would be good for the country to say, assassinate a state official who is a corrupt piece of shit, then why the fuck can't I? It's okay for THE STATE to do so. It's okay for a state to send hundreds of thousands or millions to their death over exploitation rights the next business queer can get rich off of. — Vaskane
Law of proportionality is exactly how Israel utilizes its civilians as human shields. — Vaskane
It's pretty normal to use behaviour and words as evidence of intention, as we don't have mind-reading machines. — bert1
Right, why do we even have an ICC if we have bert1 to teach us what counts as evidence in the violation of the Geneva convention?The facts of what has happened is evidence of intention. Words are evidence of intention. — bert1
Let's go back to: I'm sorry for you if you think this needs quantifying.
The Martens clause leads interpretation.
Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanity and the requirements of the public conscience.
The Geneva Conventions exclude breaking its rules even if the other party does (unless specifically stated otherwise) right there in article 1 and 3 of the convention. So Israel has a right to (counter)attack but not a right to breach the conventions. The disproportionality is apparent in the means chosen, collective punishment and deliberate targetting of civilians, which are all prohibited under the various conventions. Put in other words, excessive violence when acting in alleged self-defence, even if we accept a case of self-defence, is still illegal under international law and therefore disproportional.
More on reciprocity in humanitarian law: https://international-review.icrc.org/sites/default/files/S0020860400022178a.pdf — Benkei
However, the real problem here is that you need laws to tell you what is ethically abundantly clear to anyone with a conscience (that's how it ended up as law, because people with a conscience realised it had to be written down). — Benkei
So this is my last reply to you as I don't want to engage with murderous idiots here or in real life. — Benkei
neomac
No. And you haven't read those conventions or you would already have the answer. But nice try hiding your ignorance behind sarcasm. — Benkei
Read the Geneva and the Hague conventions if you have problems wrapping your head around which principles are involved. Or alternatively grow a conscience. — Benkei
Or alternatively grow a conscience. — Benkei
public conscience — Benkei
Maybe find a moral compass before asking moral questions. — Benkei
they have no basis to condemn Hamas' actions because it is simply fighting according to the rules by which such a war is fought. — Tzeentch
But Israel clearly escalated beyond any reasonable proportionality. — Benkei
But the idea that guarantees are needed to enter into an international agreement is just a high school level and completely ignorant understanding of international relations. There is never any guarantees. — boethius
My impression is that you have no clue what you are talking about:
- International relations include a legal framework based on voluntary acceptance by acknowledged independent nations. Within this legal framework one can implement “security guarantees” (https://www.academia.edu/16541504/Legal_Notion_of_the_Terms_Security_Assurances_Security_Guarantees_and_Reassurances_in_International_Security_Law).
- The primary involved parties in the Ukrainian war are clearly interested in such “security guarantees”: Putin urges West to act quickly to offer security guarantees. (https://www.npr.org/2021/12/23/1067188698/putin-urges-west-to-act-quickly-to-offer-security-guarantees). And Ukraine showed interest in having one, given the consequences of the Budapest Memorandum about “security assurances” (https://www.president.gov.ua/en/news/stvorennya-mehanizmu-bezpekovih-garantij-dlya-ukrayini-stane-76129).
- To the extent there is an international law and rational agents engage in it, there must be some reasonable application for it, independently from any arbitrarily high standard of reliability and compatibly with power balance/struggle concerns. The reason to me is obvious: the international legal framework increases transparency and trust, given the coordinated and codified procedures/roadmap to monitor and measure commitment and implied costs. — neomac
"The peace deal was all but finished when Boris Johnson flew in to announce Ukraine would not be signing any deals with the Russians. — Tzeentch
Russia and Ukraine can agree on whatever ceasefire proposal, but if this proposal requires security guarantees from foreign guarantors, and foreign guarantors are not willing to provide them, then there won’t be a deal. — neomac
Concerning the Istanbul Communiqué, two points remain predictably uneasy to settle: the territorial claims over Donbas and Crimea, the security guarantees. Concerning the security guarantees, either they exclude Russia so they become a version of NATO which Russia couldn’t possibly like if that’s Putin’s issue, or they include Russia (the aggressor) which can at the very least sabotage any effort of Ukrainian Westernisation (as much as it happens with resolutions that go against Russian interest in the UN) while being spared economic and diplomatic sanctions. — neomac
I think every insurgency fought against a foreign occupation can be justified. That doesn't mean the insurgents are the 'good guys', but a foreign occupier has no right to be there in the first place and are by definition in the wrong. — Tzeentch
The US sought an excuse to invade Libya for reasons that had nothing to do with the humanitarian situation. Shame on the international community for going along with it, and in essence proving my point. — Tzeentch
Yes, because America is a pig, more powerful than the Third Reich ever dreamt of being, and the world is tired of America's abuse. America and Europe still have a colonial mentality, and America is rat shit crazy to dominate. Today is wakeup time, the world is changing. — boagie
Why are not these nations of the East ever so grateful? — boagie
America is so caring, they just want everyone to be free, don't they? — boagie
So the best sources are an eMail allegedly by Clinton and a supposed russian article reported by hearsay twice removed. — Echarmion
The world is moving to a multipolar world, removing the America boot from their necks, soon it well become obvious to you as well. — boagie
Think about it, all the while the States has been subjugating if not destroying other countries' economies with their economic and military might, — boagie
My prediction is that if Trump wins the elections, for sure Ukraine will have outlived its usefulness. — boethius
Really, typical? It seems to me boagie is literally the first participant in this discussion to present things as BRICS are good and America is bad. — boethius
That’s what I asked you because that is what Tzeench claimed “the western world under US leadership has been the most destructive force on Earth since WWII” and that is how you interpreted it: “The one that causes most death and misery”. — neomac
@Tzeentch's claim here is pretty easy to support.
We are literally in a 6th mass extinction event heading towards civilisational collapse that is entirely due to US policy and acquiescence of their fellow Western acolytes, not to mention pollution of various other forms as well as neo-colonialism and US imperialism (however "soft" you want to call it -- being smothered by a pillow can have the exact same end result as being stabbed in the chest). — boethius