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by bawolff 265 days ago
International law forbids the occupying power to give voting rights to occupied regions.

Its also a bit unclear what you mean by "unambiguously under Israeli control" since Palestinians in occupied palestinian territories aren't unambigiously under Israeli control, they had little control over the inside of Gaza until recently, and have some power in the west bank that is shared with the PA. Neither is "unambiguous control". The only group unambigiously under their control are the Palestinians inside Israel proper who as far as i understand do have full voting rights.

If you think military presence should equal voting rights, than i think that would imply that Iraq should be able to vote in US presedential elections.

3 comments

I think "if their authorities can kick down the door of the house you were born in" is a good enough guide here to see the problem as distinct from other military interventions, not like the invasion of Iraq was a good idea.

The US was not established in Iraq long enough for generations of adults born in Iraq to have grown up under US control.

The border between US and Iraq is not like the border between two suburbs, and there were never Iraqis crossing that border daily to drive a taxi or clean someone's house or see a doctor.

They had enough control over Gaza before October 7th to deny Gaza a port, an airport, and even the right to do peaceful commercial fishing without getting their boats lit up.

And for whatever limited access their law enforcement institutions had to Gaza for kicking in doors, they just did missile attacks on cars or apartments instead of kicking in doors, because they had no reason to care how many bystanders they killed.

> I think "if their authorities can kick down the door of the house you were born in" is a good enough guide here to see the problem as distinct from other military interventions, not like the invasion of Iraq was a good idea.

The US had troops in iraq that were going around kicking in doors. I'm not trying to make any claim as to wether the invasion was a good or bad thing (actually i think it was a bad thing), but it clearly meets your definition of when people should get a vote.

At the same time i think most americans would view the proposition that iraqis should vote in us federal elections absurd.

> The US was not established in Iraq long enough for generations of adults born in Iraq to have grown up under US control.

This is a bit of a goal post move but what time frame do you think is relavent? America invaded iraq in 2003. They left briefly but then came back. They still have a small number of troops there right now. There is a generation of iraqis who have grown up never knowing a time where american troops werent in their country.

> The border between US and Iraq is not like the border between two suburbs, and there were never Iraqis crossing that border daily to drive a taxi or clean someone's house or see a doctor.

I'm not sure the relavence. Most borders in europe are like this, they dont vote in each others elections. I don't think at present this would describe the border situation in Israel/Palestine.

> They had enough control over Gaza before October 7th to deny Gaza a port, an airport, and even the right to do peaceful commercial fishing without getting their boats lit up.

Sure, and that's an argument people use to claim that the territory is under Israeli occupation (or sometimes they argue that would not be enough to start an occupation but its enouth to make the occupation not terminate). I think everyone agrees that Israel exerts significant military control over occupied Palestinian territories. That is why they are called "occupied".

International law forbids a lot of things Israel already does. If it respected international law it would withdraw to its internationally recognized borders.
The point of making voting from occupied territories illegal is that this discourages settlers from the occupying nation to move into the occupied territories before the conflict is over. Otherwise the occupying power could send settlers into another country and pretend that it is merely defending its own citizens, when in reality it is still engaged in offensive war.
Let’s your country do that first. Lead by example
I'm under no illusions that the US respects international (or even domestic!) law.
Israel's internationally recognized borders are the borders of Mandatory Palestine. The 1948 borders were ceasefire lines - the fact that they were not internationally recognized borders was for decades the justification for cross-border attacks.
The Israeli settlements in the West Bank are illegal under international law.
The settlements were declare illegal by a UN resolution that did not specify what law was being broken.
> The settlements were declare illegal by a UN resolution that did not specify what law was being broken.

I think this is a bit unfair. Whether you agree or disagree, opponents of Israel have been pretty clear that they think the settlements violate article 49 of the fourth geneva convention. Specificly "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies."

Sometimes people also argue that the pipelining of Israeli law into settlements violates the International Convention on the Elimination of All Forms of Racial Discrimination. I think the argument is that you can only distinguish between citizens and non-citizens on your own territory and thus the way Israeli law is applied in settlements but not outside them is a violation. I'm not super familiar with the argument so i might be mis-stating it. I also think its a bit of a catch-22 since Israel isn't allowed to legislate for the Palestinians either. Regardless it is a rule that they point to.

So i don't think its fair to say opponents of Israeli settlements just claim illegality without pointing to which laws. They do point to laws and rules.

Who cares? My point is the international community regards the settlements as illegal and if Israel cared about that they would immediately and completely withdraw.
And my point is that the international community, which mostly comprise of Arab nations, Muslim nations, or nations that rely on Arab oil, has been shown to levy accusations and resolutions against the state that the Arab and Muslim nations are united to destroy.

If there was merit to the claim that Jews building houses in the West Bank is illegal, they would have stated which law is being transgressed.

So those settlements were established under Rule .303, amirite?
Literally no country has ever recognized Israeli sovereignty over the West Bank or Gaza. Even Israel hasn't annexed them just yet.
While that is true, it does not change the fact that the internationally-recognized borders are those of Mandatory Palestine. Those were the internationally-recognized borders even between 1948 and 1967, which is why the Jordanian occupation of the West Bank was not internationally recognized, and also why Egypt was able to squeeze all her refugees into the Gaza Strip before severing ties with the strip in 1956. Or did you not know why Egypt has no refugee camps and almost no refugees today?
I think you're confusing "internationally recognized" with something like "there is an interpretation of international law that supports ..." (and it was unwise of me to use the term "international law" in an earlier comment because it contributes to this blurring, although I didn't realize that at the time).

If the borders were internationally recognized, it would mean that other countries agree that those are the borders. But as far as I know no country recognizes the borders of Mandatory Palestine as the borders of Israel, nor officially recognizes Israel's occupation of the West Bank as legal. I'm not talking about citing chapter and verse of some treaty or some principle like "Uti Possidetis Juris". If the fact of the matter is that other countries do not recognize those borders as the borders of Israel, then those are not the internationally recognized borders of Israel.

Internationally recognized by zero nations.
Internationally recognized under Uti Possidetis Juris, the principal under which most of the world's international borders have been defined (I think slightly beating out war, but falling behind geography).
Schrodinger's borders: both internationally recognized and internationally not recognized.

This just sounds like uncritical parroting.

The funny thing is, I agree with you about the contradictions in recognizing borders for the state of Israel, depending on what they're arguing at any particular time.

The borders of a potential Palestinian state and the state of Israel and the Kingdom of Jordan is one of the most difficult conundrums to consider. I can think of a few "resolutions", none of them really "solutions". I make a huge effort to understand the Israeli side, the greater Arab side, the general Muslim side, and the side of the Palestinians who actually live there. Very few people - from any of those categories - make any effort to understand anybody else's side.

Well the word "occupying" is doing the heavy lifting here.
How so?

There are troops there, The troops are not present with the consent of the local governing powers, the area has not been annexed (has not been integrated into normal civil law of the country with the troops)*.

That is a textbook definition of what an occupation is.

* except for East Jerusalem, which would normally be considered annexed, but the UNSC has decided (with the binding force of international law) that it is de jure occupied. However Palestinians in east Juruselum can apply for citizenship and get voting rights.

> The troops are not present with the consent of the local governing powers

Are the governing powers legitimate? Hamas banned elections after they won the 2006 election. Why should they be considered any more of a governing powers than Israel? Especially when literally the entire broader region was historically Jewish, long before the modern state of Israel, long before Islamic Arabs (now calling themselves Palestinian) were in the area?

What I see is that the Islamic Arabs in Israel are living peacefully and are integrated into the “normal civil law”. But the residents of Gaza have been pro terrorism - which is why they voted for Hamas on a charter of committing genocide against all other beliefs.

Why is 'legitimate' local government the hurdle here? Surely the presence of foreign troops killing civillians and destroying infrastructure counts as an occupation.
> Surely the presence of foreign troops killing civillians and destroying infrastructure counts as an occupation

The closest comparison would be domestic counter-terrorism, i.e. if one assumes Gaza is part of Israel. (Which, de facto, it is.)

Gaza was de facto administered by the civilian arm of Hamas on the eve of Oct 7, and throughout while there was still infrastructure to speak of, and this is the only sense I understand the term "de facto" to mean when used unqualified; what entity performs the day-to-day administration and security.
It probably doesn't matter much. I agree that both the PA and especially Hamas are despotic dictatorships. So are a lot of countries. That's tragic for Palestinian citizens but ultimately doesn't matter much for determining if a piece of land is independent, occupied or annexed.

Much of it just comes down to drawing a line in the sand at roughly the start of when the United Nations started, and saying this is what the borders are and no one is allowed to change them by force (one of the conditions of joining the UN is to give up the right to acquire territory by force). So from that view, it was egyptian and jordan territory who in turn, supported by the UN, gave it to the palestinian people as respresented by the PA. In a certain way that's pretty arbitrary but i guess its sort of an, it is what it is, sort of thing.

> But the residents of Gaza have been pro terrorism - which is why they voted for Hamas on a charter of committing genocide against all other beliefs

The last election was in January 2006 and to vote you had to be 18+. That means anyone now alive who voted for Hamas has to be over 37. That's less than 20% of of the Gaza population. Furthermore, Hamas got a plurality in the 40-45% range, not a majority.

That means it is very likely that under 10% of people who lived in Gaza at the start of the current war voted for Hamas. Probably closer to 7% because the turnout in 2006 was around 80%.

That’s not relevant. Polls tell us the Gaza population supports Hamas today, after October 7. Even without elections, we know what the population stands for - the principles and goals that Hamas practices.