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Politics : Foreign Affairs Discussion Group -- Ignore unavailable to you. Want to Upgrade?


To: Thomas M. who wrote (5961)10/18/2001 10:31:31 AM
From: Hawkmoon  Read Replies (1) | Respond to of 281500
 
Tommie... You need to read the source, and not just an article where some refers to the source. Protected persons ARE THOSE WHO DO NOT ENGAGE IN SUBVERSIVE OR HOSTILE ACTIVITIES AGAINST THE OCCUPYING POWER.

unhchr.ch

Certainly nothing that extends beyond the expiration dates applicable to Article 6 listed below.

Protected persons lose many of their rights once they voluntarily act in a manner not appropriate with their responsibilies and obligations as such. That means they can't throw rocks, molotov cocktails, or use of arms against the occupier.

There's nothing to prevent their acting with regard to their fighting for self-determination, but that makes them a combatant and subject to legitmate punitive measures.

Article 5

Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.

Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.

And then there's Article 6:

In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: I to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, and 143.

And then there's Article 68:

Article 68

Protected persons who commit an offence which is solely intended to harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment,

Article 69 discusses where the death penalty is applicable to those who cause lose of life to the occupying force.

Furthermore, there is NO reference I am able to find which states the occupying force has the obligation to preserve the right of self-determination of the occupied people