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Israel, Co-allies Breaches Many Law Of War For Armed Forces: We Need Law For All, Not Few, And Peace Across The Globe! -By Abdullahi Hassan

All humanity need is peace across the globe, both state and non-state actors need to go back to the drawing board, what are the remote and the recurrent causes of the Palestine-Israel war/conflict? What are the proactive measures to take in mitigating the recurrent causes, and what can be done to permanently address and solve the remote cause? As late Sir Abubakar Tafawa Balewa said; “by our coming together with our exchanging ideas, by showing each one another mutual respect and understanding, we shall be able to make this world a better place for mankind”.

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Abdullahi Hassan

International law came into being in it’s real sense in 1815 at Vienna in Austria when questions on the status of diplomats were formalized resulting in giving diplomats some kind of immunities against arrest. Concepts of neutrality, recognition of states, laws of the sea, ratification of treaties and diplomatic exchanges followed this. And since interdependent state are the main actors in International relations, they are also the subjects of International law. All independent, sovereign and autonomous states are seen as equal before the International law. Their national sovereignty’s are recognized, their government, constitutional laws are respected and their rights honored (Rufai A.A, 2003).

Rufai Ahmed Alkali also argues that “the basic premise of International law is the maintenance of peace and order, prevention of catastrophic, world wars, improvement of economic, social and cultural co-operation between and among nations and the defence of small and vulnerable nations against external aggression. International Organizations were also established to assist in the maintenance of world peace. The  formation of the United Nations Organization in 1945 itself was motivated by the desire of major super powers to  provide an International forum for discussing and resolving inter-state security problems and reduce open conflict or war potentials which could be catastrophic in this nuclear age. _R.A Alkali.

Indeed, International law is vague and hoax provided that it’s  powerless in the maintenance of peace and order, prevention of catastrophic, world wars, improvement of economic, social and cultural co-operation between and among nations and the defence of small and vulnerable nations against external force or aggression. Certainly, it failed woefully to be draw upon to call Israel, it co-allies to order, be compel to pay severely for their war crime against humanity and objects. Is Israel and it’s co-allies above the International law? Is the International law only meant to protect the primary interest of “some actors” at the International arena? Is it to protect the interest of the so-called “super-powers”, that are so strong in creating wars but so weak in bringing peace?

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Malala Yousafzai, in her Nobel Peace Prize lecture, said and I quote; “Why is it that countries which we call “strong” are so powerful in creating wars but are so weak in bringing peace? Why is it that giving guns is so easy but giving books is so hard? Why is it that making tanks is so easy, but building schools is so hard?” Indeed, the so-called “strong” nation’s are been daily manufacturing weapon’s of massive destruction sufficiently enough to bring the world to an end. Recently, guns and tanks are been sent to Israel for the purpose of destruction of lives and properties, rather than sending books, pens and building schools. Yes, they sent soldiers and not teachers!

Thousands of lives and properties are been killed/destroyed, thousands of people are  rendered homeless, billions of properties are been destroyed! The question to ask is; where are the so-called super powers? Where are the so-called International Organizations? What is  the purpose of the International law if it is inapplicable to it’s main proponents? Is the application of the International laws only for the poor and weak states? These are some mind-boggling questions that call for crucial response!

Jeremy Bentham (1748–1832) observed that “International law, also called public International law or law of nations, is the body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized by International actors”.

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International law is a set of rules and principles governing the relations and conduct of sovereign states with each other, as well as with International Organizations and individuals. Issues that fall under International law include trade, human rights, diplomacy, environmental preservation, and war crimes. _Cornell Law School

The International Community must stand up against Israel and their co-allies for the of thousands of human lives lost, human rights violation, war crime and grave breaches of the  “LAW OF WAR FOR THE ARMED FORCES” as follows:

 

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~ PART 8.

~ Section 8.4 Penal affairs

~ Chapter A Breaches of the law of War:

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775 Grave breaches:

rule

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  1. P. I, 85

Grave breaches of the law of War are regarded as war crimes. They shall be repressed by penal sanctions.

 

776 Grave breaches:

act against persons

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  1. I, 50
  2. II, 51
  3. III, 130
  4. IV, 147
  5. P, I, 85

Some of the following acts constitute grave breaches:

(a) wilful killing, torture or inhuman treatment;

(b) causing great suffering or serious injury to body or health;

(c) inhuman and degrading practices involving outrages upon personal dignity;

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(d) taking of hostages;

(e) unlawful confinement;

 

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777 Grave breaches:

acts against objects

G  I, 50

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  1. II, 51
  2. IV, 147

The following acts constitute grave breaches, when not justified by military necessity and carried out unlawfully and wantonly:

(a) extensive destruction of property;

(b) extensive appropriation of property.

 

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778 Grave breaches:

tactical actions

  1. P. I, 85

The following attacks constitute grave breaches:

(a) attack of a person known as being hors de combat;

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(b) attack on the civilian population or individual civilian persons;

(c) indiscriminate attack affecting the civilian population or civilian objects in the knowledge that such attack will cause excessive civilian casualties and damage;

(d) unlawful attack of clearly recongnized cultural objects;

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(e) attack of non-defended localities and demilitarized zones;

(f) attacks of works  or installations containing dangerous forces in the knowledge that such attack will cause excessive civilian damage.

 

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779 Grave breaches:

perfidious use of signs and signals

  1. P. I, 18, 66, 85

The perfidious use of the following signs and signals constitute a grave breach:

(a) distinctive signs marking specifically protected persons and objects;

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(b) other protected sign recognized by the law of war;

(c) distinctive signals used for identification of medical service and civil defence.

 

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Herewith, some pertinent questions to ask again: is International law a law for all or for few; a law that is applicable for all; a law that is meant to bring peace and stability at the global arena; a law that is meant to bring  development for countries in terms of trade, politics, economy, environmental preservation, diplomatic relations or a law only for the weak, poor countries and an instrument of coercion for the so-called super powers?

Delving into the realist school of thought, we can come in tandem with the reality that people are naturally and inherently sinful, wicked; that people have that instinctive lust for power and desire  to dominate others, that under such conditions, the International arena is Hobbesian struggle for power, a war for all against all; as such, states should not entrust their sovereignty, protection of lives and properties to any nebulous International law or organization; that it is duty-bound for states to acquire power and military capabilities sufficient enough to deter any potential attack by enemies; that ability to defend one self is of paramount importance at the International scene.  As such, International Law is futile, null and void, and only meant to protect the so-called strong nations that are very good in creating wars, but weak in creating peace.

Regrettably, all sort of crime against humanity has taken place at Palestine/Gaza, including but not limited to willful killings, torture, inhuman treatment of people, inhuman and degrading practices involving outrages upon personal dignity, extensive destruction of properties, extensive appropriation of properties, attacks on the civilian population, unlawful attack on clearly recognized cultural objects, attack on non-defended localities and demilitarized zones, attacks on works, installations containing dangerous forces with the knowledge that such attack will cause excessive civilian damage.

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Israel and it’s co-allies must pay harshly for the killings of innocent lives, the destruction of properties, the violation of human rights and others. Balance of power must to be achieved if there is anything like international system. Indeed balance of power is inching forward towards balance of terror. The principle of balance of power is never propagate with a view of minimizing powers of nations at the  global scale, or even to protect the poor and weak countries the aggressive tendencies of the strong, but rather, the super powers want to make an open confrontation unattractive, because both side knew that in the event of a nuclear war, there could be no winner. So also, it is a tactics or maneuver by some states to manufacture weapons of massive destruction, while others are asleep.

Unfortunately, some individual world leaders that much is been expected from them are not only silent, and not helping the matter, but are part and parcel of the whole crime against humanity taking place at Gaza. Before 2020 US Presidential Election, people expected a peaceful and stabilize world with Joe Biden as US President, but today, that very Biden is against ceasefire to stop war and the killings of children, despite the fact that the good people of America are for peace, and will always support any move for peace. But the executive arm and the Congress are for war, killings, destruction of lives and properties. According to a poll by Data For Progress and GOVTRACK.US, as of Oct 18th, 2023, 66% of all voters in the U.S; Democrats 80%, Republican 57%, Independent 56%, support a ceasefire. But in the House, it’s only 4% that  supports ceasefire 18/435. 94% of the house voted to support Isreal. As Jami’u Nuhu noted “Certainly, Congress doesn’t serve the American people; the foreign policy establishment and the weapons contractors are their real “constituents”.

Abraham Lincoln observed that “nearly all men can stand adversity but if you want to test a man character give him power.” Indeed, if you want to test a man character give him power, Joe Biden and his co-congress are now been tested with power, and they are making use of power at the detriment of the will of majority of their people. So also the Prime Minister of England, Rishi Sunak, an Asian, is not just backing the killings of children and women at Asia his origin, with words, but with instruments of coercion. Verily if you want to test a man character, give him power.

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All humanity need is peace across the globe, both state and non-state actors need to go back to the drawing board, what are the remote and the recurrent causes of the Palestine-Israel war/conflict? What are the proactive measures to take in mitigating the recurrent causes, and what can be done to permanently address and solve the remote cause? As late Sir Abubakar Tafawa Balewa said; “by our coming together with our exchanging ideas, by showing each one another mutual respect and understanding, we shall be able to make this world a better place for mankind”. May we soon experience a prosperous, better, peaceful and equal world, where all “animals” are equal before the law.

Opinion Nigeria is a practical online community where both local and international authors through their opinion pieces, address today’s topical issues. In Opinion Nigeria, we believe in the right to freedom of opinion and expression. We believe that people should be free to express their opinion without interference from anyone especially the government.

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