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The Duty To Conduct Operations in Accordance With the Laws and Customs of War

The Duty To Conduct Operations in Accordance With the Laws and Customs of War 64 arms at the very last moment necessary for the success of their operations. Numerous operations of both infiltrated and locally recruited terrorists involve grenade throwing, mostly at civilians, both Jewish and Arab, and laying of anti-personnel mines, button mines, and various devices in- tended to injure civilians and particularly children. The Court in the Kassem case accepted the following description of the practice of the Popular Front for the Liberation of Palestine: "The Members of the Organization sometimes wear military uniform and openly carry arms outside inhabited areas and sometimes they do not wear uniform in the course of action and do not carry arms openly for fear of being caught." 51) Obviously, those members of the organizations who act in a clan- destine way, in violation of the requirements to operate openly, forfeit their.right to be treated as prisoners-of-war, a right which would de- pend, in the first place, on the fulfilment by the organization itself as a whole of certain requirements. In this connection, it appears that the failure to. observe the requirement of openness is part of the modus vi- vendi of the Arab terror organizations and is in accordance with its or- ders http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

The Duty To Conduct Operations in Accordance With the Laws and Customs of War

Nordic Journal of International Law , Volume 40 (1-4): 64 – Jan 1, 1970
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Publisher
Brill
Copyright
© 1970 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
DOI
10.1163/187529370X00080
Publisher site
See Article on Publisher Site

Abstract

64 arms at the very last moment necessary for the success of their operations. Numerous operations of both infiltrated and locally recruited terrorists involve grenade throwing, mostly at civilians, both Jewish and Arab, and laying of anti-personnel mines, button mines, and various devices in- tended to injure civilians and particularly children. The Court in the Kassem case accepted the following description of the practice of the Popular Front for the Liberation of Palestine: "The Members of the Organization sometimes wear military uniform and openly carry arms outside inhabited areas and sometimes they do not wear uniform in the course of action and do not carry arms openly for fear of being caught." 51) Obviously, those members of the organizations who act in a clan- destine way, in violation of the requirements to operate openly, forfeit their.right to be treated as prisoners-of-war, a right which would de- pend, in the first place, on the fulfilment by the organization itself as a whole of certain requirements. In this connection, it appears that the failure to. observe the requirement of openness is part of the modus vi- vendi of the Arab terror organizations and is in accordance with its or- ders

Journal

Nordic Journal of International Law – Brill

Published: Jan 1, 1970

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