naraburns nihil supernum
1yr ago
(text post)
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Israel-Gaza Megathread #1
This is a megathread for any posts on the conflict between (so far, and so far as I know) Hamas and the Israeli government, as well as related geopolitics. Culture War thread rules apply.
If the supplies showed up at the border today, I'd expect Israel to claim something like:
We have good reason to believe those supplies will go missing. The area is nearly lawless. Medical supplies could be stolen or sabotaged for any number of reasons.
Then, they might also lean on the (omitted-for-space) passage in Article 23 which reads:
The Power which allows the passage of the consignments indicated in the first paragraph of this Article may make permission conditional on the distribution to the persons benefited thereby being made under the local supervision of the Protecting Powers.
Such consignments shall be forwarded as rapidly as possible, and the Power which permits their free passage shall have the right to prescribe the technical arrangements under which such passage is allowed.
It wouldn't feel that cynical for Israel to ask to have the neonatal incubators delivered by a neutral third party. Israel would want to have witnesses who could confirm that the incubators arrived intact and functional, if only so Israel could protect itself from accusations of wrongdoing.
Going by the spirit-of-the-law, Israel should make reasonable efforts to move quickly and find a neutral State that's willing use its military forces to deliver aid to the West Bank. When that happens, Israel is obliged to let the aid go through.
Going by the letter-of-the-law, Israel could probably drag the "Protecting Power" selection process out a fair bit. Israel has 2 weeks to give the Red Cross a list of "at least five" states that Israel would accept as a neutral third party. Hamas would need to approve a state from the list and the Red Cross would have to convince that state to get a detachment of military forces to the West Bank.
So, I don't think Israel would have an obligation to let the incubators in today. They'd have to let them in eventually, but the organization could take a few weeks if everyone's being reasonable and considerably longer if everyone's being unreasonable.
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Notes -
If the supplies showed up at the border today, I'd expect Israel to claim something like:
Then, they might also lean on the (omitted-for-space) passage in Article 23 which reads:
It wouldn't feel that cynical for Israel to ask to have the neonatal incubators delivered by a neutral third party. Israel would want to have witnesses who could confirm that the incubators arrived intact and functional, if only so Israel could protect itself from accusations of wrongdoing.
Going by the spirit-of-the-law, Israel should make reasonable efforts to move quickly and find a neutral State that's willing use its military forces to deliver aid to the West Bank. When that happens, Israel is obliged to let the aid go through.
Going by the letter-of-the-law, Israel could probably drag the "Protecting Power" selection process out a fair bit. Israel has 2 weeks to give the Red Cross a list of "at least five" states that Israel would accept as a neutral third party. Hamas would need to approve a state from the list and the Red Cross would have to convince that state to get a detachment of military forces to the West Bank.
So, I don't think Israel would have an obligation to let the incubators in today. They'd have to let them in eventually, but the organization could take a few weeks if everyone's being reasonable and considerably longer if everyone's being unreasonable.
This response is extremely helpful, thank you.
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